Morton Fraser MacRoberts Podcasts
502 episodes - English - Latest episode: 3 days ago - ★★★ - 1 ratingMorton Fraser MacRoberts' employment lawyers are straight talking and will provide clear, pragmatic advice.
Our team of specialist employment lawyers, based in Edinburgh and Glasgow, help you solve problems swiftly, cost effectively and in a way that best manages the situation.
Our weekly podcast breaks down the biggest issues facing employers and employees in the UK today. Subscribe to listen to each episode as it is released.
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Episodes
Can a 'social media storm' justify a dismissal?
April 24, 2024 08:20 - 9 minutes - 18.1 MBIn our weekly podcast, David Hossack and Caroline Maher discuss the Employment Appeal Tribunal case of Omooba v Michael Garrett Associates Ltd (T/A Global Artists) and another in which the EAT considered whether there had been direct religion or belief discrimination or harassment when a Christian actor was dismissed from a role.
Digital Departures
April 17, 2024 08:20 - 21 minutes - 40.2 MBDavid Hossack is joined by Tim LaTulippe from iDiscovery Solutions to discuss investigative steps that employers might take when there is a concern about sensitive information being taken by a departing employee. Tim's contact details can be found at Timothy LaTulippe - Director, UK/EEA (idsinc.com)
Can a trial period in a new role be considered as a reasonable adjustment?
April 10, 2024 08:20 - 7 minutes - 13.8 MBIn this week's employment podcast, Lily Braunholtz and David Hossack discuss the recent case of Rentokil Initial UK v Mr M Miller which looked at whether redeployment in an alternative role for a trial period could be considered a reasonable adjustment under the Equality Act.
Navigating Work and Terminal Illness
April 03, 2024 08:30 - 13 minutes - 24.9 MBThe CIPD's new guidance on managing terminally ill employees is considered in this week's podcast by David Walker in conversation with David Hossack.
Dismissal and re-engagement: complying with the new statutory Code of Practice
March 27, 2024 09:03 - 15 minutes - 28.4 MBIn our weekly podcast, David Hossack and Alan Delaney discuss the new statutory Code of Practice on Dismissal and Re-engagement which is expected to be brought into force this summer and the steps employers should take to comply with this.
Increased fines for illegal working - what do employers need to do to protect their business?
March 20, 2024 09:30 - 14 minutes - 20 MBThe penalty for hiring someone without the right to work is now £45,000 for a first offence. Business immigration expert Stuart McWilliams and David Hossack talk about the possible consequences for a breach of the right to work rules, how and when businesses should be checking the right to work and the practical steps that need to be in place.
Employment tribunal compensation limit increases for unfair dismissal awards
March 13, 2024 09:30 - 9 minutes - 17.6 MBIn this week's podcast, David Hossack and Innes Clark discuss the latest employment tribunal compensation award limit increase as well as taking a trip down memory lane to look at how employment tribunal compensation for unfair dismissal claims has developed over the years.
The Crucial Role of Settlement Agreements: Ability to Settle Future Claims?
March 06, 2024 09:30 - 9 minutes - 17.4 MBIn this week's podcast, David Hossack and Rhianna Robinson discuss the recent case of Bathgate v Technip Singapore PTE and what it means for the ability to settle future claims within settlement agreements, whether known or unknown at the time of signing.
Diversity, Equity and Inclusion: the what, why and how
February 28, 2024 09:30 - 20 minutes - 36.9 MBIn this podcast David Hossack is joined by Sue Johnson, Managing Partner, Inclusion & Diversity Consulting Practice at Odgers Berndtson to take a fresh look at Diversity, Equity and Inclusion and to consider how this can impact positively on the performance of an organisation.
Deadnaming: out of order in Kingston Upon Thames
February 21, 2024 09:30 - 7 minutes - 13.9 MBNikita Sandhu and David Hossack discuss a recent Employment Tribunal case where it was found that the Royal Borough of Kingston Upon Thames discriminated against a trans employee by “deadnaming”.
Extending equal pay rights to race and disability - right idea but wrong method?
February 14, 2024 09:30 - 9 minutes - 17 MBIn this week's podcast, Sarah Gilzean and David Hossack discuss the recent news that the Labour Party are considering extending the right to bring equal pay claims to those who believe they are being paid less on grounds of their race or disability. Protection against pay discrimination on these grounds already exists so are these proposals really necessary?
Hybrid working and flexible working requests: recent Tribunal judgment highlights limitations of fully remote working
February 07, 2024 09:00 - 8 minutes - 15.1 MBIn our weekly podcast, David Hossack and Lily Braunholtz discuss the recent case of Wilson v FCA and what it means for flexible working.
"Heat of the moment" resignations
January 31, 2024 08:51 - 9 minutes - 17.4 MBIn our weekly podcast, David Hossack and Fiona Meek discuss a recent case which centred around a "heat of the moment" resignation and look at the legal rules around retracting a resignation given in these circumstances.
Hybrid working wellbeing: what employers and employees need to know
January 24, 2024 09:38 - 25 minutes - 47.4 MBEmma Mamo, Assistant Director of Workplace & Business Development at Scottish Action for Mental Health, and MFMac's Nicole Moscardini, discuss the challenges that employers and employees may face with hybrid working from a legal and wellbeing perspective. They also provide practical tips for employers and employees on how to get the most out of hybrid working to create and foster a positive working environment. To find out more about improving mental health in the workplace including using W...
Does the definition of woman in the Equality Act include a trans women with a gender recognition certificate?
January 17, 2024 09:00 - 14 minutes - 27.4 MBSarah Gilzean and David Hossack discuss the recent decision of the Court of Session on this question and other potential developments on this issue.
What to expect in employment law in 2024
January 11, 2024 10:56 - 18 minutes - 33.6 MBIn our weekly employment podcast, David Hossack and Innes Clark discuss the key legislative changes that employers should prepare for this year.
Indirect discrimination: same disadvantage
December 20, 2023 11:54 - 11 minutes - 20.3 MBDavid Hossack and Andrew Gibson discuss the introduction of the new Section 19A of the Equality Act on 1 January 2024 and the potential implications of this for employers and employees.
Employment law review of the year
December 13, 2023 11:07 - 24 minutes - 44.4 MBIn our weekly employment law podcast, David Hossack and Innes Clark reflect on the key employment law developments of the past 12 months.
Further Developments in Holiday Pay
December 06, 2023 11:19 - 9 minutes - 16.6 MBDavid Hossack and Andrew Gibson discuss the potential impact of the Supreme Court ruling in Police Service of Northern Ireland v Agnew.
New ICO guidance on monitoring at work
November 29, 2023 09:13 - 17 minutes - 31.6 MBIn this week's podcast, David Hossack and Alan Delaney look at the recent guidance for employers from the ICO on monitoring staff at work.
New right to request a predictable working pattern
November 22, 2023 09:45 - 11 minutes - 21.5 MBIn this week's podcast, David Hossack and Alan Delaney look ahead to the detail of the new right, to be introduced next year, for certain workers to request a more predictable working pattern.
Can lie detector results be used as evidence in an Employment Tribunal?
November 16, 2023 10:00 - 12 minutes - 22.9 MBIn our weekly podcast, David Hossack and Fiona Meek look at the recent case of Henry v Tattu Manchester Limited and discuss the interesting question of whether lie detector evidence could be used in employment tribunal proceedings.
Employment tribunal award statistics - what do they tell us?
November 10, 2023 12:10 - 10 minutes - 18.6 MBIn our very first Morton Fraser MacRoberts podcast, Innes Clark takes a deep dive into the annual employment tribunal award statistics and discusses some of the key findings with David Hossack.
HR Horror Story
October 25, 2023 08:37 - 14 minutes - 26.3 MBA story for Halloween that would keep most HR practitioners awake at night, this bumper award for sex discrimination and unfair dismissal demonstrates how employee relations can quickly descend into a horrible mess when left unchecked.
Discrimination claims brought by employee following her refusal to wear a bracelet at a festival
October 18, 2023 08:46 - 14 minutes - 26 MBIn the 200th edition of our employment podcast, David Hossack and Fiona Meek look into the protected characteristic of religion and belief in the case of Nijloveanu v Vigilant Security (Scotland) Ltd and discuss how far these protections extend in the workplace.
Managing conflict in the workplace - what can employers do when employees just don't get on with one another?
October 12, 2023 08:26 - 9 minutes - 17.6 MBIn this week's podcast, David Hossack and Elise Turner discuss how tensions between employees can be costly to businesses, the steps employers could take to try to prevent such conflicts arising, and how to deal with a live conflict between two employees.
UK Government promises no watering down of equal pay protection due to Brexit
October 04, 2023 09:59 - 7 minutes - 14.1 MBDavid Hossack and Sarah Gilzean discuss a recent UK Government announcement that EU protection in relation to equal pay will be replicated in UK legislation and discuss why this is important.
Employer discriminated by not phoning disabled job applicant
September 27, 2023 09:40 - 11 minutes - 20.9 MBDavid Hossack and Nicole Moscardini discuss a recent case where the Employment Appeal Tribunal held that an employment tribunal was entitled to find that an employer should have made further enquires by telephone where a job applicant was struggling to submit an online application due to his disability.
Managing sickness absence
September 20, 2023 10:11 - 16 minutes - 29.4 MBIn this week's podcast, David Hossack and Alan Delaney discuss updated guidance recently published by ACAS in respect of managing sickness absence as well as some of the other key issues to consider.
Corporate Clarity: An interview with James Withers, Owner, JR Withers Advisory
September 19, 2023 15:02 - 21 minutes - 16.4 MBIn our latest Morton Fraser Corporate Clarity podcast, Corporate Partner Andrew Walker chats with James Withers on a range of current issues and opportunities affecting the Food and Drink sector in Scotland.
Can the variation of an employee's terms amount to a dismissal?
September 13, 2023 08:45 - 7 minutes - 13.3 MBIn this podcast, David Hossack and Lily Braunholtz discuss the recent the case of Jackson v University Hospitals of North Midlands NHS Trust, where the EAT considered the question of whether an employee's contract of employment had been terminated by an employer's unilateral imposition of a new contract.
Paternity leave to become more flexible
September 07, 2023 07:49 - 5 minutes - 10.6 MBIn this week's podcast, David Hossack and Caroline Maher discuss proposed changes to the statutory paternity leave regime.
Taking Care of Working Carers
August 30, 2023 08:15 - 12 minutes - 23.5 MBLindsey Cartwright discusses with David Hossack the new employment rights for carers that are on the horizon.
New developments in alternative dispute resolution for employment claims
August 23, 2023 09:12 - 15 minutes - 27.4 MBAndrew Gibson and David Hossack discuss the recent Presidential Guidance on Alternative Dispute Resolution in England and Wales which has seen the introduction of a "non-consensual" mediation process in the form of Dispute Resolution Appointments as well as discussing the possible implications for claims in Scotland.
Burnout in the workplace
August 17, 2023 08:15 - 29 minutes - 54.7 MBNicole Moscardini chats with Emma Mamo of SAMH about burnout in the workplace and provide practical tips for employers and employees on how to prevent and manage burnout. To support our listeners with implementing the recommended actions shared in the podcast, we have included some useful links below: Mental Health at Health Commitment – you can find out more about the six standards and how you can implement them in your workplace Support from SAMH – you can find out more about the...
The Future of Employment Law - What could the next UK General Election mean for the workplace?
August 10, 2023 08:15 - 16 minutes - 29.8 MBIn this week's podcast, David Hossack and Hayley Johnson discuss what we know so far about the promises the UK Labour and Conservative Party have made that relate to the world of work.
HVS Unplugged: In Conversation with Jawad Khursheed
August 08, 2023 10:22 - 31 minutes - 11.8 MBIn this podcast, Amina Amin, Solicitor, speaks to Jawad Khursheed, CEO of Hydrogen Vehicle Systems (HVS), about the future of clean energy. During this session, Amina and Jawad discuss: The inception of HVS The driving force behind Jawad's passion What's in store for the future
Sponsor compliance obligations and hybrid working
August 03, 2023 08:30 - 9 minutes - 17.3 MBStuart McWilliams and David Hossack discuss how companies that sponsor skilled worker visas can make sure they meet their obligations to the Home Office, while meeting the demand for hybrid working arrangements.
National Minimum Wage: why are big brands being named and shamed?
July 27, 2023 08:15 - 8 minutes - 16.2 MBWith big name brands recently named and shamed for failure to pay National Minimum Wage, David Hossack and Elise Turner discuss why businesses get it wrong, the ways in which employees can enforce NMW compliance, the potential consequences for employers who fail to comply, as well as their top tips on how to avoid common mistakes.
Risks for employers in heat of the moment resignations
July 20, 2023 08:15 - 9 minutes - 17.4 MBIn our weekly podcast, David Hossack and Caroline Maher discuss the recent case of Cope v Razzle Dazzle Costumes in which an Employment Tribunal concluded that an employee saying 'I'm done' did not amount to a resignation.
The Housing Grants, Construction & Regeneration Act 1996 – 25 Years On
July 13, 2023 10:27 - 29 minutes - 20.9 MB2023 marks 25 years since the coming into force of The Housing Grants, Construction & Regeneration Act 1996. In this podcast, Neil Kelly, Partner, and Tony Bingham, Adjudicator and Barrister, discuss: The impact of the Act on the construction sector The process of adjudication Jurisdictional challenges Use of legal and other experts The impact of lawyers and claims consultants in adjudication The quality of adjudicators The psychology of the decision maker The enforc...
Unilateral changes to employment contracts: risks employers can face
July 13, 2023 07:56 - 8 minutes - 14.8 MBThere can be significant risks when employers change terms and conditions without employee consent. In this podcast, David Hossack and Lily Braunholtz discuss the recent Court of Appeal decision in Secretary of State for the Home Department & others v Cox & others, which highlights that employees continuing to work does not always signify an acceptance of contractual changes.
Another EAT case looking at the question of refusing to attend work during the covid pandemic.
July 06, 2023 08:30 - 10 minutes - 19.3 MBIn our weekly podcast, Partner David Hossack and Senior Solicitor Fiona Meek take a look at the recent EAT case of Miles v Driver and Vehicle Standards Agency, which saw the Claimant try to argue he had been constructively dismissed and subject to health and safety detriments because he refused to attend work during the Covid pandemic.
Clawback: Recovering visa costs
June 29, 2023 08:30 - 8 minutes - 15.6 MBAs more businesses seek to recruit from abroad and Home Office visa fees continue to increase, David Hossack and Stuart McWilliams discuss what steps employers can take to recover visa fees from sponsored workers who leave their employment
ACAS Guidance: Reasonable Adjustments for Mental Health
June 22, 2023 07:30 - 10 minutes - 18.8 MBIn order to support both employers and employees, ACAS has recently published guidance on making reasonable adjustments, specifically in circumstances where the issue is mental health related. In this podcast, we discuss what the guidance covers, and what practical steps employers should be taking in light of this guidance.
Workplaces seeing record levels of long-term absence
June 13, 2023 10:45 - 8 minutes - 14.7 MBWith the Office For National Statistics recently reporting record levels of long-term absence in UK workplaces, David Hossack and Elise Turner explore some of the potential explanations for the increase, the legal issues that could arise and what steps employers can take to address the issue.
Corporate Clarity: An interview with Ben Walker, Principal at Carlyle
June 09, 2023 14:47 - 21 minutes - 18.4 MBIn our latest Morton Fraser Corporate Clarity podcast, Andrew Walker, Corporate Partner chats to Ben Walker from Carlyle about the challenges of recruiting and retaining talent in the current economic climate.
Restricting the Restrictions - what is the future for employee non-compete clauses?
June 08, 2023 08:30 - 12 minutes - 23.1 MBAs the Government announce their intention to legislate to restrict the duration of post-employment non-compete clauses, Lindsey Cartwright and David Hossack explore the background to these, the Government's proposals, and what employers should consider doing in the meantime.
Is it always discrimination to cancel an event because of the views of the speaker?
May 29, 2023 09:56 - 7 minutes - 14.1 MBDavid Hossack talks to Sarah Gilzean about the recent issue that arose where the cancellation of an event involving Joanna Cherry MP led to allegations of discrimination on ground of gender critical beliefs and a rapid re-instatement of the event.
Balancing the Risks and Rewards of ChatGPT in the Workplace
May 25, 2023 08:15 - 10 minutes - 19.9 MBIn this week's podcast, David Hossack and Caroline Maher discuss the growing use of ChatGPT, an artificial intelligence chatbot, in the workplace and consider the key issues for employers to be aware of.