MEET THE B+M EMPLOYMENT LAW TEAM
Robert Holland, partner
Robert [link to Robert's profile] heads up the employment team and handles both contentious and non-contentious work, from individuals, to large organisations.
Robert comes from a strong litigation background and has a particular expertise in conducting tribunals and hearings. He is further solidifying his advocacy skills by undertaking the Law Society examination for the position of Solicitor Advocate.
While maintaining the Team’s solid litigation expertise, Robert is interested in developing the HR service to clients and will be leading a bespoke series of interactive seminars and workshops in 2009 to fit the needs of small and medium-sized businesses. (The full programme of events is overleaf.)
Robert is a member of the Employment Law Group, the Employment Law Association, and the Scottish Discrimination Lawyers Association and is a regular speaker at seminars and conferences. He also writes for national newspapers on employment law issues.
robert.holland@balfour-manson.co.uk 0131 200 1242
Lorna Gibb, solicitor
Lorna [link to Lorna's profile] has significant experience in advising on all contentious and non-contentious aspects of employment law. Lorna deploys her knowledge and experience to deliver guidance on all aspects of the employment relationship, including advising on strategic issues associated with TUPE, reorganisations and restructuring.
Lorna has a particular interest in assisting HR professionals and is committed to providing a comprehensive service to clients including formulation of HR strategy and implementation of policies and procedures.
Lorna is a tutor of employment law at the University of Edinburgh and as an accomplished speaker she also regularly delivers training and gives seminars to a diverse client base as well as writing press articles on employment and pensions law.
lorna.gibb@balfour-manson.co.uk 0131 200 1263
Johanna Millar, trainee
Johanna [link to Johanna's profile] joined the employment team in August 2008. Since then she has gained a wealth of experience advising a wide range of clients on all aspects of employment law.
Johanna prides herself on providing practical user friendly advice and has a particular interest in promoting positive employment law practices to avoid potential disputes.
Her recent experience includes advising clients in relation to redundancy consultation procedures, disciplinary procedures, and implementing changes to contracts of employment.
Johanna is also involved in contentious employment law work and routinely advises clients in relation to unfair dismissal and discrimination claims.
johanna.millar@balfour-manson.co.uk 0131 200 1462
STAFF ON LONG TERM SICK ENTITLED TO HOLIDAY RIGHTS
This month the European Court of Justice delivered its much anticipated ruling in the conjoined cases of Stringer and Others v Her Majesty’s Revenue and Customs and Schultz-Hoff v Deutsche Rentenversicherung Bund on the consequences of long term sick leave on a worker’s right to annual leave under the Working Time Directive. The verdict has clarified the confusion which has arisen over the years as to whether accrued holiday rights are lost after prolonged illness.
The European Court of Justice has ruled that the worker does not lose his right to be paid annual leave which he has been unable to exercise because of sickness and he must be compensated for his annual leave not taken. The ECJ held that in order to be entitled to annual leave any worker on sick leave will not actually be required to have worked in the course of the leave year. The Court concluded that the right to be paid annual leave will not be extinguished at the end of the leave year and/ or of a carry over period laid down by national law where the worker has been on sick leave for the whole or part of the leave year and where his incapacity to work has persisted until the end of the employment relationship, this being the reason why he could not exercise his right to be paid annual leave. This means that any worker who has ended employment without being able to exercise his right to the full holiday entitlement will be entitled to an allowance such that he is put in a comparable position to that which he would have been in had he exercised the right to end the employment relationship.
This is an important decision for UK and European employers and will necessitate a comprehensive review of employer’s policies on sickness, maternity and holiday to ensure that they meet the statutory minimum requirement.
employment law MATTERS seminar and training programme 2009
BREAKFAST SEMINARS
These free 60-minute events start with registration and breakfast at 8.30am. Presentations begin at 9.00am finishing at 10.00am. All events are held at our Frederick Street offices. To book a place on any of these events please contact, Luisa Deas, luisa.deas@balfour-manson.co.uk , 0131 200 1402.
Spring Series
Thursday 24 February: Redundancy / layoffs and short term working
During this 60-minute seminar we will look at the processes and procedures which should be followed by employers when considering making redundancies. Some of the topics which we will discuss are:
• Meaning of redundancy
• Pools and selection
• Alternative employment
• Consultation
• Automatically unfair redundancies
• Layoffs and short term working
• Redundancy payments
Thursday 19 March: Resolving grievances and avoiding tribunal claims
During an economic downturn it is important for the sustainability of a business that it looks at how to minimise the risks of being taken to an employment tribunal. This 60-minute breakfast seminar is designed to inform employers of how to manage staff disputes effectively thereby saving time and money.
Autumn Series
Tuesday 13 October: Bullying and harassment in the workplace
This 60-minute seminar will examine the effects of bullying and harassment at work. We will outline how these behaviours affect people and organisations and examine the legal implications if employers allow such behaviour to go unchallenged. We will also provide guidance on the development of appropriate policies and procedures.
Thursday 26 November: Hiring, firing and retaining key employees
During this 60-minute seminar we will examine the recruitment process, from advertising the position to drafting the employment contract. We will also look at how to resolve matters if an employee’s performance is below expectation and will discuss compromise agreements and dismissing staff. We will examine methods of retaining key staff in business units where commercially sensitive work is conducted by employees with a high market value and we will look at the risks of losing key people in key posts and retention strategies.
HALF-DAY SEMINARS
These free half-day seminars will provide practical guidance on the most significant employment law developments during the year. The events will start with a 9.30am registration, 10.00am presentation and finish at 1.00pm when a buffet lunch will be served.
Tuesday 28 April: The new Employment Act and mediation
Tuesday 8 December: Round-up of employment law for 2009 and looking forward to potential developments in the year ahead
To book a place on any of these events please contact, Luisa Deas, luisa.deas@balfour-manson.co.uk , 0131 200 1402.
TRAINING COURSES
We offer training on topics we have identified as key areas for HR professionals. These training sessions can be held either at our offices, or, we can come to you.
The topic titles can be used as a template for a more bespoke in-house course for all levels of management including supervisors, directors or other senior officers within an organisation.
• Equality and diversity
• Disciplinary and grievance procedures
• Becoming a family friendly employer
• Recruitment
• Mock employment tribunal
• Work performance and appraisals
To discuss your training needs please do not hesitate to contact Robert Holland, robert.holland@balfour-manson.co.uk , 0131 200 1242 or Lorna Gibb, lorna.gibb@balfour-manson.co.uk , 0131 200 1263.
