Employment Law
Work In The 21st Century
Reference by previous generations of Lawyers to “Industrial Law” or “Labour Relations Law” and the perception that both related only to large-scale industrial disputes affecting businesses that employed hundreds or thousands of members of staff is past history. And refreshingly so.
Historically – which in the case of Employment Law really means history developed over no more than thirty or thirty five years – changes in Employment Law have been influenced by EC social policy but developed by a recognition, not least in the minds of a better educated and informed general public, of shifts in traditional social structures and, most importantly, an acceptance of the concept of fairness.
The last quarter of the 20th century ushered in an unprecedented number of important changes in Employment Law and the 21st century Law-makers, not least the Employment Tribunals and other Courts, have recognised and encouraged that concept of fairness in the workplace and the balance between work and families. The many pieces of legislation, taken together, have had far-reaching implications so far as both the relationship between employer and employee and the understanding by an employer of an employee’s family needs are concerned and the impact that the Law has had on the workplace and the relationship between employer and employee cannot be over-stated.
Employment - The Issues
For most of us nowadays, our working lives will span at least 40 years. Given the vast amount of employment issues in existence today, it is likely that you will encounter these in your day to day working life.
Here are just some of the main employment matters that could have a major effect on your working life, whether as an employer or an employee.
- agency workers
- breach of contract
- compromise agreements
- continuity of service
- criminal convictions
- employment contracts
- employment tribunals
- half truths in CVs
- health and safety matters
- job sharing
- minimum wage
- mobility clauses
- paid holiday
- part-timers
- restrictive covenants
- retirement
- self employment
- sickness absence
- terms and conditions of employment
- transfer of undertaking regulations
- unfair dismissal
- union representation
- unlawful deduction from wages
- whistle blowing
- work permits
- working hours
- working time regulations
Within any employment relationship an employer requires to ensure that no member of management discriminates against an employee and all employees are entitled to trust that they will not be discriminated against whether on the grounds of disability, race, sex, religious belief or sexual orientation but also or even because of age, whether “age” in this context means either too old or too young. Part-time workers also deserve to be treated fairly in comparison to full-time members of staff and employees working under fixed-term contracts frequently find themselves in a difficult position when their fixed term contracts come to an end and are not renewed. All of these matters impact on an employer/employee relationship and some of them may affect your working life. On occasion, problems do arise, often inadvertently.
Employment Law is complex and can be confusing to the layperson. We recommend that you seek legal advice and assistance whenever you perceive that there is a problem or even when you feel the need for clarification.
How We Can Help
The small but highly motivated and skilled employment team at A & W M Urquhart, can provide the valuable assistance and advice on employment issues that may be all that is necessary to put your mind at rest. If it becomes essential to take steps to protect your interests in a more formal way, we can provide you with assistance in making an application to an Employment Tribunal, or if you are an employer, in defending a claim which has been made against you. We are experienced in all types of litigious employment matters, will represent you at an Employment Tribunal or, should it become necessary, at an Employment Appeal Tribunal. Should your problem take you to the level of Scotland’s highest Court, the Court of Session, we will either represent you there or instruct specialist Counsel, whichever option would seem to be in your better interest.
Clients of A & W M Urquhart benefit from our 130 years plus of experience but, perhaps just as importantly, our genuine understanding of the problems and solutions that they need to discuss with us.
We understand the importance that both employers and employees place on a stable working relationship. It is in the best interests of both employer and employee to sort out any problems quickly and we will ensure that advice is given promptly and that solutions are identified and implemented as soon as is practicable, one of our most frequently asked questions to a Client being “what would your best outcome be”, our way of identifying what you, as our Client, are trying to achieve and of allowing us to judge whether that is a practicable and achievable outcome.
Our Approach
Our approach to the resolution of employment problems is a proactive one. For employers, we can advise on good practice in the workplace, working with you to help prevent the development of potential problems. We can also provide guidance in written form, for circulation to employees.
Whether for the employer or the employee, our main objective is to speedily identify solutions to our clients’ employment needs. Our knowledge and expertise in this area is second to none and we take great care to keep it that way.
For example, we have and for many years have had regular contact with the component parts of what has come to be known as the Equality & Human Rights Commission, with the Advisory, Conciliation & Arbitration Service (ACAS). We were founder members of what is now known as the Law Society of Scotland's Employment Law Group and we are very active members of The Scottish Employment Rights Network and of the Scottish Discrimination Law Association and its United Kingdom counterpart.
Although we will be more than happy to act as liaison between you and any of these organisations and to obtain guidance and specific advice from them on your behalf, you may find that the following links to the organisations’ websites may be helpful to you.
The Equality and Human Rights Commission – www.equalityhumanrights.com
ACAS – www.acas.org.uk
Not only are we well connected with UK agencies and organisations, but our TORUS International Consultants Association networking links with other specialist lawyers, accountants and business advisors give us instant access to expertise in other European countries and beyond.
TORUS – www.torus.org
Come In and See Us
We recognise that the nature of employment and discrimination problems is such that an urgent appointment may be necessary, in which case an appointment will be set up as soon as possible.
Our offices are conveniently based near the centre of Edinburgh, at 16 Heriot Row and clients are most welcome to make use of our parking facilities immediately to the rear of the building.
