At the time of writing, the Scottish Government’s advice continues to be “everyone who can work from home should work from home”.   However, whilst restrictions continue in an effort to stop the spread of COVID-19, many people who cannot work from home have been able to return to work, usually after a period of furlough leave or business closure. The fear, uncertainty and disruptions caused by COVID-19 has led to many people suffering from anxiety in many areas of their lives; the return to the workplace being a particular area of concern for some.  For those who have been away ..read more

As June is pride month, we thought we’d take this opportunity to write an article on the rights of the LGBT community in the workplace. Members of the LGBT (lesbian, gay, bisexual, transgender) community are legally protected against discrimination at work through the Equality Act 2010. However, statistics are still showing a large portion of LGBT people are either hiding their identities from their employers or feel unsupported due to experiencing discrimination and bullying at work. Employers can take some clear steps to make a positive impact on the working and personal lives of their LGBT ..read more

Do you need a mental health first aider? Mental health continues to be one of the major health challenges in Scotland and in the workplace and is something we at AM Employment Law are passionate about. With the huge impact it can have in the workplace, we are familiar with all the challenges it can raise for the employer, the individual and other staff members. Employers can panic when they hear about mental health but there are many easy and basic steps an employer can take to do their bit to help and support their staff. One of these steps could be to introduce a mental health first aider. B ..read more

Acas have released some guidance for employers and employees on how to manage stress at work. The guidance explains what we mean by stress, things to consider if an employee is suffering with stress, the relevant legal implications, and preventative measures too. We will provide an overview of the guidance below which can be accessed here. What is stress? Too much pressure at work, home or a combination of the two can result in people feeling stressed. Whilst stress isn’t an illness, the symptoms of it can have a very serious physical and mental impact on people’s health and wellbeing. The Hea ..read more

In April 2023, Acas released some new guidance on reasonable adjustments for mental health at work which you can access here. The guidance is specific to mental health and contains very useful examples of reasonable adjustments and includes advice for both employees and employers. The Legal Bit The Equality Act places a legal duty on employers to make reasonable adjustments to help disabled employees, job applicants and former employees. The duty can also extend to contractors and self-employed people hired to personally do the work. The duty can arise where a disabled person is placed at a &n ..read more

King Charles III has confirmed there will be a UK wide bank holiday on Monday 19th September 2022 for the funeral of Her Majesty Queen Elizabeth II. Given the circumstances, many businesses have taken the decision to close on this day to allow staff the day off to pay their respects. If employers are unsure whether they need to give their staff the day as paid leave, this article will briefly outline the legal position. For the avoidance of doubt, the bank holiday will operate in the same way as other bank holidays, meaning there is no statutory entitlement to time off, but employers may inclu ..read more

The menopause and the symptoms associated with it can still be a taboo subject for some and how to approach it can cause concern for employers and managers. However, menopause and how it can impact the workplace has gained interest in recent months, appearing in the news as well as Acas issuing menopause specific guidance last year. We will outline some of the key pieces of information below and have a look at how it has been applied in the Tribunals. What is the Menopause? The menopause is when a woman stops having periods and is no longer able to get pregnant naturally. It usually occurs bet ..read more

Lay-offs and short-time working are ways that an employer can ask an employee to stay at home temporarily if there is not enough work; or reduce their hours. The aim is to avoid having to make redundancies. Lay-Off People often speak of being “laid off” when they lose their job; either receiving a sum of money or being made redundant.  However, “lay-off” is a statutory term and means something specific in employment law. A lay-off is where an employee is off work for at least 1 working day because there is not enough work for them.  Lay-off can be used by an employer when there is a ..read more

Sportspeople and Employment Law For certain industries or job types it isn’t always clear what type of employment relationship is in place and this can cause confusion and legal uncertainty. One such industry making the headlines recently is the sporting world, notably the case of former Great Britain cyclist Jess Varnish. After Varnish was dropped by British Cycling in 2016, she took them to an employment tribunal to prove an employer/employee relationship existed to enable her to sue them for wrongful dismissal and sexual discrimination. This case has already been heard in the first instance ..read more