Employment News

Repudiatory Breaches and Constructive Dismissal

Two recent cases helped clarified  the complicated interaction between contract law and employment law when the Employment Appeals Tribunal (EAT) in Atkinson v Community Gateway Association followed the Scottish case of Tom McNeil v. Aberdeen City Council. Read more

Restrictive Covenants

Restrictive covenants are clauses which seek to protect ex-employers from competition, poaching and leaked secrets by departed employees. As these clauses are a restraint on trade the law regulates how they operate so that they are fair to both parties. Read more

EU Decision on Workplace Obesity

Following an opinion from Advocate General (AG) of the European Court of Justice (ECJ) Niilo Jaaskinen in Kaltoft v The Municipality of Bilund the concept of obesity as a disability is a hot topic. Mr Kaltoft was employed as a child-minder by the Danish council. Read more

Flexible Working: Right to Request from 30 June 2014

Following the Government’s consultation on modern workplaces the right to request flexible working has been extended to all employees. Read more

Ban on Exclusivity Clauses in Zero Hour Contracts

Exclusivity clauses prevent a worker from looking beyond his present employer for alternative work when zero work is available. Read more

Holiday Pay – What Should Be Included?

Should variable commission payments be taken into account when calculating statutory holiday pay? 

Yes, said the European Court of Justice (ECJ) in the recent case of Lock v British Gas Trading Limited. Read more

Holiday Pay – What Should Be Included?

Should variable commission payments be taken into account when calculating statutory holiday pay? 

Yes, said the European Court of Justice (ECJ) in the recent case of Lock v British Gas Trading Limited. Read more

Secret recordings of employment meetings - Rules of engagement

The recent decision of Punjab National Bank v Gosain (EAT, January 2014) serves as a warning to employers on how disciplinary and grievance procedures ought to be carried out. In this case, an employee recorded proceedings on a mobile device. Read more

Early Conciliation; what is it and why do you need to know?

The Early Conciliation Scheme (EC) requires all individuals who are considering taking an employment claim to the Employment Tribunal to approach ACAS to see whether the dispute can be resolved through conciliation before lodging their claim. Read more

Recent Employment Law Changes

Employers should be aware that the Government recently made a number of changes on its Spring Common Commencement Date, 6th April 2014.   A summary of the key changes include:

Increasing the rate of statutory sick pay from £86. 70 per week to £87. Read more
Latest News
Mackinnons host ‘Lunch with the Legends’

The Team at Mackinnons hosted a ‘Lunch with the Legends’ to celebrate (almost) 40 years since the release of groundbreaking “Last of the Hunters” documentary, featuring 3 legends - and top skippers- of the Scottish Fishing Industry; Andrew Bremner, Willie Tait and Terry Taylor.

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