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Employment

Employment

Two of my favourite things: Mexican food and employment law...

Jennifer Skeoch

Until yesterday, Wahaca was best-known (to me at least) for its delicious tacos - and even more delicious mojitos. But after a customer (a former Labour leader of Camden Council) posted a tweet saying she had witnessed an “eat and run”, for which the waiter would need to pay out of his wages, the story went viral and Wahaca was criticised for financially penalising staff in this way.

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Burness admin

Employment judgment: Men not entitled to shared parental leave pay at the same level as enhanced maternity pay

The Court of Appeal has today handed down its decision in two much anticipated appeal cases concerning the entitlement of men to receive shared parental leave pay equivalent to any enhanced maternity leave pay offered by their employer.

Last year in the case of Capita Customer Management Ltd v Ali, the Employment Appeal Tribunal concluded that failing to enhance shared parental leave, when employers offer enhanced maternity pay, is not direct sex discrimination against men.

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The Menopause: The new protected characteristic?

It’s Tuesday 21 May and I am tuned into the debate in the Scottish Parliament on #EndMenopauseStigma. As a woman of a certain age and an employment lawyer, I am interested to hear their views on how the condition fits into our current legal landscape.

Despite my eagerness to hear more about it, I will admit that the topic makes me feel uncomfortable and somewhat vulnerable.

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Misbehaving Employees: Who Faces the Penalties?

Andrew Clark

What do you do if one of your employees refuses to obey your reasonable instructions?

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ChrisA

#BalanceforBetter. When women succeed, we are all lifted up.

Morag Moffett

On Friday I had the great privilege of attending the Street Soccer Women Inspired Gala Lunch in Edinburgh to mark International Women’s Day 2019. Before doing so, I stopped in at the Law Society of Scotland to have my photo taken as part of celebrations to mark 100 years of women in law. As I left the photo shoot, I pondered how far we have come since women were first admitted to the legal profession in 1919.

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Burness admin

Who says New Year resolutions don’t stick? Here’s my 2019 employment law watch list to prove it

As somebody who starts each week with a to do list, I’m sure you can imagine my delight when a good friend’s Christmas present to me was a book about getting the most out of your year by making lists and making plans. Yes, I know, how very “millennial” of me, but with new years’ resolutions and forward planning at the forefront of our minds, what better a time of year to receive a gift like this? (Disclaimer: two of my resolutions were to read more books and make more plans…)

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Immigration: What’s the deal when there’s No Deal?

As the Brexit process grinds on, more attention has turned to thinking about the preparations that might be required for a ‘No Deal’ Brexit scenario – namely, a scenario where for one reason or another, the UK leaves the European Union without having formally agreed the basis of that departure.

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Burness admin

Non-Disclosure Agreements; interrupting the conversation of harassment and discrimination in the workplace?

In July 2018, the Women and Equalities Committee (WEC) published their conclusions following an investigation into sexual harassment in the workplace. One of their key recommendations was that the use of confidentiality and non disclosure agreements (NDAs) in employment contracts and settlement agreements should be better controlled and regulated. 

This follows on from consideration of high profile cases such as:

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Technology and the future world of work

David Morgan

By the year 2025, 75% of the workforce will be millennials. Jack Ma the founder and former CEO of disrupter online retailer Alibaba predicts that we’ll all be working a 16 hour week by 2045.  Working smarter, not harder. Other studies suggest that there will be 44% fewer jobs overall by 2030.

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Burness admin

Give that back, it’s mine!

In this modern era where technology and branding are at the heart of every business it has become ever more apparent how crucial intellectual property is. From your brand name to underlying source code, ensuring that your business has the ability to enforce its intellectual property rights (“IPR”), use them freely and even commercialise them is of upmost importance. 

The default position is that when an employee creates IPR in the normal course of their employment the employer will be the owner of the IPR.  However, this is not always straightforward

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Burness admin