With the law set to change in October to put the onus on employers to take reasonable steps to prevent sexual harassment, David Hossack and discrimination expert Sarah Gilzean discuss what employers need to do to comply.

Care should be taken if an employer is considering dismissing an apprentice, as a higher legal threshold applies for terminating a contract of apprenticeship in Scotland compared to other employees.

In our latest podcast, Nikita Sandhu discusses the case of Hassan v Commsworld Ltd with David Hossack and highlights why the employer was found to have unlawfully terminated their apprentice's contract.  It was accepted in this case that the individual was a common law apprentice. Even if a contract describes the arrangement as an apprenticeship, if the key features of a common law apprenticeship are not present then it is open to the Employment Tribunal or Court to find that the individual was not, in fact, a common law apprentice. 

Please note that the above applies to the law of Scotland. Different considerations apply to apprentices in England and Wales.

David Hossack talks to Sarah Gilzean about the case of Lister v New College Swindon where a teacher was dismissed for - amongst other things - failing to use a pupil's preferred name and pronouns.

Elise Turner and David Hossack discuss the High Court case of Nissan Motor (GB) Ltd v Passi in which an employee retained confidential information for the purposes of a dispute. Elise and David consider the lessons that can be learned for employers seeking to protect confidential information as well as the dos and don'ts for employees.

In our latest podcast David Hossack and Andrew Gibson discuss the case of Singh v Metroline West Ltd where the EAT looked at the legal test for constructive dismissal.

In the latest episode of our changing seat traineeship podcast series, Chair and Partner, Jenny Dickson speaks with trainee solicitor Ryan Mitchell about how his second seat has been continuing in our Real Estate and Infrastructure division, his work with our Social Mobility ERG, and what learnings he will take with him into his next seat in Litigation.

In our weekly podcast, David Hossack and Fiona Meek discuss the recent case of Alison Bailey v Garden Court Chambers and Stonewall, where the Employment Tribunal concluded that the claimant had been discriminated against due to her gender-critical views.

David Hossack talks to Sarah Gilzean And Hayley Johnson about how our working arrangements continue to evolve post-Covid and the potential discrimination implications arising from different approaches that employers are taking.

In our weekly podcast, David Hossack and Fiona Meek, discuss the recent case of Forstater v CGD Europe and Others, where the Employment Tribunal concluded that the claimant had been discriminated against due to her gender-critical views.

In 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.

Innes 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.

In 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.

Morton 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.

In 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.

In 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.

Are 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. 

In 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.

With 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.

David 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.

In 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.

David 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.

In 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.

David 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)

Both David and Sarah are avid users of Twitter. Their handles are @SarahGilzean and @DavidHossack_MF

With 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.

In 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 slavery, human trafficking and sexual harassment. Listener discretion is advised.

In our weekly employment law podcast, David Hossack and Innes Clark discuss the key employment law changes taking place in April.

In 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.

In 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.

As 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.

In 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

As 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.

In 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 maximising the expenses recoverable from the Defenders, by utilising Pursuer's Offers, applying for an additional fee and considering the best way to approach the preparation of the judicial account.  

Employment 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.

In 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 the medical evidence available.  Nicola also discusses certain cases which highlight the importance of complying with the Court rules

The CIPD's new guidance on managing terminally ill employees is considered in this week's podcast by David Walker in conversation with David Hossack.

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 business related claims, farm land and businesses are often gifted or inherited and there's often a reluctance to sell land.

In the face of this complexity, Morton Fraser family law expert and Partner, Lucia Clark has written 'A Practical Guide to Divorce and Farming in Scotland'. Suitable for those already working in family law, accountants, land agents and other parties involved in the management and advice of farming land.

Buy your copy here, using 3F2NDW6 to receive a 10% discount.