Morton Fraser MacRoberts Podcasts
507 episodes - English - Latest episode: 26 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
Employment Law Essentials
August 04, 2022 10:45 - 10 minutes - 19.4 MBIn this week's podcast Innes Clark and David Hossack discuss the key employment law issues that employers need to be aware of right now as well as highlighting what employers should be preparing for.
More holiday headaches for employers
July 27, 2022 11:02 - 11 minutes - 20.6 MBInnes Clark and David Hossack discuss the Supreme Court case of Harpur v Brazel which decided that employers cannot use the 12.07% holiday pay calculation for part year workers.
Employee who refused to attend work due to covid concerns was fairly dismissed
July 21, 2022 11:15 - 9 minutes - 16.8 MBIn our weekly podcast, David Hossack and Fiona Meek discuss a recent case in which the Employment Appeal Tribunal concluded that an employee who had refused to attend work due to concerns about covid had been fairly dismissed.
World Youth Skills Day
July 15, 2022 11:00 - 19 minutes - 16.7 MBMorton Fraser Partner and Chair, Jenny Dickson, is joined by Sara Cook of Volunteering Matters to discuss the importance of World Youth Skills Day, and the work that social enterprise Get the Gen do in empowering young people in the workplace and supporting businesses to develop diverse multi-generational workforces.
EAT finds that a belief that a person cannot change their sex/ gender at will, and a lack of belief in 'transgenderism', is protected under the Equality Act
July 14, 2022 08:53 - 14 minutes - 25.8 MBIn this podcast, we look at a case in which the Employment Appeal Tribunal held that a Christian doctor’s belief that a person cannot change their sex/gender at will, and his lack of belief in ‘transgenderism’, were protected under the Equality Act but that no discrimination had taken place.
Employee ownership an option for succession planning?
July 13, 2022 08:57 - 18 minutes - 10.4 MBAre employee-owned businesses the answer to strong companies and a more resilient Scottish economy? Join Partner, and Head of Corporate at Morton Fraser as he chats to Colin Grant from Time to Adapt and Sean Elliot of Network ROI about their expereinces. This podcast forms part of Morton Fraser's Corporate Clarity series. You can find previous video episodes on our website.
New Statutory Code of Practice to be issued on "fire and rehire" practices
July 07, 2022 08:03 - 7 minutes - 14.5 MBIn this week's podcast, Nicole Moscardini and David Hossack discuss the UK Government's recent announcement that they will publish a new statutory code which aims to deter employers from using controversial "fire and rehire" tactics as well as failing to engage in meaningful consultation with their employees.
What legal protections exist for employees undergoing fertility treatment?
June 30, 2022 08:28 - 7 minutes - 13.8 MBWith reportedly more than 3.5 million people in the UK experiencing fertility problems, Elise Turner and David Hossack discuss the legal protections available for employees undergoing fertility treatment and the types of things that employers should be thinking about in order to support those employees.
10% of women are leaving their job because of menopause
June 23, 2022 10:38 - 11 minutes - 21.5 MBDavid Hossack talks to Sarah Gilzean about a recent survey into how menopause affects women at work and what employers should be doing to help retain employees and reduce the risk of claims.
What should you do if an employee is suspected of a criminal offence?
June 16, 2022 08:00 - 13 minutes - 24.3 MBIn this podcast Hayley Johnson and David Hossack discuss the steps employers should take when a member of staff is suspected of comitting a criminal offence and how the disciplinary procedure interacts with any ongoing criminal investigation.
Mental health: why reasonable adjustments should be proactively considered at an early stage
June 09, 2022 19:55 - 10 minutes - 18.9 MBDavid Hossack talks to Sarah Gilzean and Fiona Meek about the recent case of Abrahart v University of Bristol which has lessons for employers as well as educational institutions about the importance of making reasonable adjustments at an early stage in cases involving mental health and disability.
Can being called bald amount to discrimination?
June 02, 2022 12:00 - 8 minutes - 16.1 MBIn this week's podcast David Hossack and Caroline Maher discuss a case in which an Employment Tribunal held that a comment about an employee's baldness amounted to harassment on the grounds of sex.
How to deal with employees caught watching adult content at work
May 20, 2022 21:31 - 7 minutes - 13.8 MBIn this week's podcast, and in light of recent news headlines, David Hossack and Fiona Meek discuss how employers should deal with employees caught viewing adult material at work and what pitfalls to avoid if taking disciplinary action.
Workplace disputes - the top 5 reasons why employees sue their employers
May 18, 2022 13:23 - 14 minutes - 26.6 MBIn this week's podcast, David Hossack and Hayley Johnson discuss the key factors that lead to employees taking action against their employer.
Reflections on the health and wellbeing at work survey from CIPD/Simplyhealth
May 12, 2022 14:13 - 10 minutes - 18.5 MBInnes Clark and David Hossack discuss the key findings of this wide ranging survey including the main causes of workplace stress and the pivotal role of managers in employee health and wellbeing.
Inclusive workspaces - supporting neurodiversity in the workplace
May 04, 2022 15:05 - 14 minutes - 27.3 MBDavid Hossack speaks to Hannah Marshall on what employers can do to change their workplace practices to better support neurodiverse employees and what reasonable adjustments may be appropriate.
Ethnicity Pay Gap Reporting - What's Next?
April 26, 2022 16:46 - 10 minutes - 19.1 MBDavid Hossack talks to discrimination expert Sarah Gilzean about the updated position on UK Government plans for Ethnicity Pay Gap Reporting and what the future may hold. Both David and Sarah are avid users of Twitter. Their handles are @SarahGilzean and @DavidHossack_MF
Injury to feelings awards increase for discrimination claims
April 21, 2022 12:16 - 9 minutes - 18.1 MBWith the latest increases to the Vento bands coming into force in April, David Hossack and Fiona Meek discuss how an Employment Tribunal approaches compensating injury to feelings in discrimination claims.
Employment Tribunal finds employee was harassed in relation to comments about menopause and unfairly dismissed following her raising Covid concerns.
April 14, 2022 09:00 - 9 minutes - 18 MBn our weekly podcast, David Hossack and Fiona Meek discuss a recent employment tribunal case which saw an employee automatically unfairly dismissed following her raising Covid concerns. They also discuss the tribunal finding that she was harassed as a result of comments made as to whether she was menopausal.
Ukraine: protecting those seeking work from exploitation
April 07, 2022 08:00 - 11 minutes - 21.3 MBIn our weekly employment podcast, David Hossack and Lindsey Cartwright discuss some of the potential implications of so many Ukrainians being displaced so suddenly, from an employment law perspective. What protections are there and what can organisations do to make sure that they don't give business opportunities to those who may try to exploit some of the World's most vulnerable workers? Content Warning: Slavery, Human Trafficking, Sexual Harassment. This podcast discusses issues of sl...
Stuck in the Middle, an interview with mediator Anna Howard
April 06, 2022 12:30 - 22 minutes - 41.6 MBIn this podcast in our "Stuck in the Middle" mediation series, David Hossack speaks with mediator and author Anna Howard about her insightful book on mediation ""EU Cross-Border Commercial Mediation: Listening to Disputants - Changing the Frame; Framing the Changes". In the podcast Anna sets out the result of her findings on why mediation is not as widely adopted as it might and offers a different perspective on how it might be promoted. This highly recommended book is available from Kluwer's...
April employment law changes - what employers need to know
March 30, 2022 13:29 - 7 minutes - 13.6 MBIn our weekly employment law podcast, David Hossack and Innes Clark discuss the key employment law changes taking place in April.
Employment Law: P&O Ferries - Dismissed without warning
March 24, 2022 14:52 - 14 minutes - 26.3 MBIn our weekly employment podcast, David Hossack and Lindsey Cartwright discuss the recent high profile mass dismissals involving employees of P&O Ferries and consider the legal issues involved.
Employment Law: What is "Jobfishing" and what can employees do to protect themselves?
March 17, 2022 12:33 - 11 minutes - 20.5 MBIn our weekly employment podcast, Elise Turner and David Hossack discuss the recent BBC Three documentary "Jobfished". This reported the story of 52 individuals who were conned into months of working for free for a fake company and consider what, if anything, employees can do to protect themselves from becoming victims of such a scam.
Employment Law: If an employer pays in lieu of notice following a resignation does that convert the resignation into a dismissal?
March 11, 2022 09:14 - 9 minutes - 17.1 MBIn our weekly employment law podcast David Hossack and Innes Clark discuss a recent case where the key issue was whether payment of a contractual PILON converted a resignation into a dismissal.
#BreakTheBias
March 08, 2022 09:51 - 15 minutes - 14 MBAs we celebrate #InternationalWomensDay, Chair Jenny Dickson, HR Director Martin Glover and Senior Associate Sarah Gilzean sit down to discuss the importance of the day, the current missions of IWD with particular focus on 'Women at Work' and highlight what Morton Fraser are doing to forge an inclusive work culture.
Mediation: Do lawyers use mediation? - Survey results
March 03, 2022 10:07 - 17 minutes - 32.7 MBIn the quest to encourage the use of mediation as an effective method to resolve disputes, mediators David Hossack and Laura McKenna surveyed lawyers in Scotland to gauge the use of mediation and the obstacles which may be preventing its use. In this podcast, they discuss the results and consider what could be done to improve things to better meet clients' needs
Employment Law: Holiday pay claims post-Pimlico
March 03, 2022 09:29 - 7 minutes - 14.3 MBIn our weekly employment podcast, David Hossack and Lindsey Cartwright discuss the implications of the latest case concerning holiday pay as it relates to the accrual of leave (and any payment due on termination) where workers have been denied the right to paid leave.
Changing Seat as a Trainee Solicitor
March 01, 2022 10:28 - 9 minutes - 8.97 MBAs part of the traineeship program here it at Morton Fraser, it is customary to rotate to different divisions every 6 months in order to gain new experiences and learn about different areas of the law. Chair and partner, Jenny Dickson catches up with trainee solicitor Ryan Mitchell to discuss how his first seat in our Real Estate and Infrastructure division has been and to highlight some of the learnings he will take onto his next seat.
Employment Law: Can an employee remove confidential documents belonging to their employer in order to seek legal advice?
February 24, 2022 09:18 - 7 minutes - 14.5 MBIn our weekly employment podcast, David Hossack and Fiona Meek discuss a recent case which looked at whether employees are entitled to remove confidential documents from their employer in anticipation of legal proceedings.
Personal Injury: Funding Claims and Recovering Expenses
February 22, 2022 09:24 - 21 minutes - 39.1 MBIn the sixth and final episode of our series, David Hossack discusses issues around funding claims and recovering expenses with experts Nicola Edgar and Derek Couper. The issues discussed include the various ways claims can be funded, including Success Fee Agreements, insurance and Legal Aid. Nicola also sets out the impact of the recent introduction of QOCS and the circumstances when the protection this provide claimants may be taken away. Finally, Derek and Nicola provide their advice on ...
Employment Law: The Right to Disconnect
February 16, 2022 14:47 - 8 minutes - 15.8 MBEmployment law experts, David Hossack and Helen Donnelly discuss how the proposed right to disconnect outside of contracted working hours might be received in the modern, flexible workplace.
Employment Law: Can an employer be held liable for injuries following a practical joke that went wrong?
February 10, 2022 09:26 - 10 minutes - 19.6 MBIn our weekly podcast David Hossack and Fiona Meek discuss a recent case where an employer was not found to be liable following injuries suffered by an employee when a practical joke went wrong.
Personal Injury: Case Law Update
February 07, 2022 10:17 - 21 minutes - 40 MBIn the fifth episode of our six-part masterclass in personal injury and medical negligence claims series, David Hossack discusses recent case law with experts Nicola Edgar and Derek Couper. These cases cover issues such as when the burden of proof will shift to a Defender and the importance of choosing the right expert witness. Derek discusses some recent medical negligence litigation which highlights the difficulties in proving causation, and what happens when witness evidence contradicts...
Masterclass in Personal Injury and Medical Negligence Claims: Case Law Update
February 07, 2022 10:17 - 21 minutes - 40 MBIn the fifth episode of our six-part series, David Hossack discusses recent case law with experts Nicola Edgar and Derek Couper. These cases cover issues such as when the burden of proof will shift to a Defender and the importance of choosing the right expert witness. Derek discusses some recent medical negligence litigation which highlights the difficulties in proving causation, and what happens when witness evidence contradicts the medical evidence available. Nicola also discusses certa...
Family: Divorce and Farming in Scotland
February 03, 2022 10:32 - 9 minutes - 8.29 MBIn a new podcast, Family Law expert Lucia Clark sits down with Agriculture and Rural Partner, Matthew Barclay to discuss 'A Practical Guide to Divorce and Farming in Scotland' a first-of-its-kind guide which aims to bring clarity to farming divorce. Scottish family lawyers are all familiar with the basic law regarding financial provision on divorce. So what makes farming divorce different from any other marital breakdown? It is especially complex, it involves advising on matrimonial and busi...
Divorce and Farming in Scotland
February 03, 2022 10:32 - 9 minutes - 8.29 MBIn a new podcast, Family Law expert Lucia Clark sits down with Agriculture and Rural Partner, Matthew Barclay to discuss 'A Practical Guide to Divorce and Farming in Scotland' a first-of-its-kind guide which aims to bring clarity to farming divorce. Scottish family lawyers are all familiar with the basic law regarding financial provision on divorce. So what makes farming divorce different from any other marital breakdown? It is especially complex, it involves advising on matrimonial and bu...
Employment Law: Academic described as 'naturally loud' and a 'marmite character' awarded over £100,000 in compensation
February 02, 2022 16:03 - 10 minutes - 20.1 MBIn our weekly employment podcast, David Hossack and Mark Pelosi discuss an Employment Tribunal's decision concerning a lengthy suspension and disciplinary process. They also provide key takeaways for employers
Academic described as 'naturally loud' and a 'marmite character' awarded over £100,000 in compensation
February 02, 2022 16:03 - 10 minutes - 20.1 MBIn our weekly employment podcast, David Hossack and Mark Pelosi discuss an Employment Tribunal's decision concerning a lengthy suspension and disciplinary process. They also provide key takeaways for employers
Stuck in the Middle - Listen
January 31, 2022 10:49 - 39 minutes - 72.3 MBIn the latest 'Stuck in the Middle' mediation podcast series, mediator David Hossack is joined by esteemed author Kathryn Mannix to discuss her important book "Listen"
Mediation: Stuck in the Middle - Listen
January 31, 2022 10:49 - 39 minutes - 72.3 MBIn the latest 'Stuck in the Middle' mediation podcast series, mediator David Hossack is joined by esteemed author Kathryn Mannix to discuss her important book "Listen"
Refusal to be vaccinated against Covid-19 sees care assistant fairly dismissed
January 27, 2022 09:56 - 12 minutes - 22.6 MBIn our weekly podcast, David Hossack and Fiona Meek discuss a very recent and topical Employment Tribunal decision where an employee was found to be fairly dismissed by her employer after refusing to get the Covid-19 vaccine.
Employment Law: Refusal to be vaccinated against Covid-19 sees care assistant fairly dismissed
January 27, 2022 09:56 - 12 minutes - 22.6 MBIn our weekly podcast, David Hossack and Fiona Meek discuss a very recent and topical Employment Tribunal decision where an employee was found to be fairly dismissed by her employer after refusing to get the Covid-19 vaccine.
Masterclass in Personal Injury and Medical Negligence Claims: Impact of Covid on Personal Injury Litigation
January 24, 2022 10:08 - 17 minutes - 31.3 MBIn the fourth episode of our six-part series, David Hossack discusses the impact of Covid-19 on Personal Injury litigation with experts Nicola Edgar and Derek Couper. Listen to find out the current position with the Courts and the advantages and disadvantages of virtual hearings. They also discuss the legacy the current restrictions may have on our civil justice system, including the potential increased use of alternative dispute resolution. Nicola and Derek also cover the types of claims ...
Personal Injury: Impact of Covid-19 on Personal Injury Litigation
January 24, 2022 10:08 - 17 minutes - 31.3 MBIn the fourth episode of our six-part masterclass in personal injury and medical negligence claims series, David Hossack discusses the impact of Covid-19 on Personal Injury litigation with experts Nicola Edgar and Derek Couper. Listen to find out the current position with the Courts and the advantages and disadvantages of virtual hearings. They also discuss the legacy the current restrictions may have on our civil justice system, including the potential increased use of alternative dispute r...
What expenses should be taken into account when calculating whether an employee has been paid the national minimum wage?
January 20, 2022 09:15 - 6 minutes - 12.7 MBIn our weekly employment podcast, David Hossack and Nicole Moscardini discuss the recent Employment Appeal Tribunal case of Augustine v Data Cars Ltd in which the EAT confirmed that any costs incurred by an employee or worker that are “in connection with employment” must be deducted when calculating NMW, even if the costs are incurred by the employee by choice.
Employment Law: What expenses should be taken into account when calculating whether an employee has been paid the national minimum wage?
January 20, 2022 09:15 - 6 minutes - 12.7 MBIn our weekly employment podcast, David Hossack and Nicole Moscardini discuss the recent Employment Appeal Tribunal case of Augustine v Data Cars Ltd in which the EAT confirmed that any costs incurred by an employee or worker that are “in connection with employment” must be deducted when calculating NMW, even if the costs are incurred by the employee by choice.
The journey from trainee to partner
January 12, 2022 12:45 - 7 minutes - 6.97 MBFollowing the recent appointment of several partners, chair, Jenny Dickson speaks with recently promoted Jack Kerr about his journey from trainee solicitor to partner within our private client division.
Employment law 2022 - what to expect - Part 2
January 11, 2022 09:18 - 15 minutes - 27.7 MBIn part 2 of a 2 part podcast, Innes Clark and David Hossack discuss what to expect on the employment law front in the second half of 2022 as well as considering other changes that may take place over the coming years.
Employment Law: What to expect in 2022 - Part 2
January 11, 2022 09:18 - 15 minutes - 27.7 MBIn part 2 of a 2 part podcast, Innes Clark and David Hossack discuss what to expect on the employment law front in the second half of 2022 as well as considering other changes that may take place over the coming years.