8. Employment Law Half-day Conference
Wednesday 07 March 2018
09:30am - 01:00pm
Michael McLaughlin (DWF), Graham Mitchell (Clyde & Co), David Morgan (Burness Paull) and Frances Ross (Clyde & Co)
Seminar Details:

Conference Topics:

Disability Discrimination (Frances Ross)
To what extent does an employer need to take into account an employee’s disability following allegations of misconduct? What if the employee claims that his/ her disability was a factor in causing them to commit the misconduct? How much knowledge of the consequences of the employee’s condition does the employer have to have to be liable in these circumstances? What evidence should employers be seeking as part of such disciplinary processes to protect themselves against claims of disability discrimination?  What factors should be taken into account before taking a decision to dismiss?  These questions and more will be answered during this presentation, as we consider the recent line of case law on discrimination arising from disability in the context of misconduct. 

New Forms of Social Media and the Right to Privacy (Graham Mitchell)
The talk will consider five recent key cases where employees have attempted to rely on the Article 8 of the ECHR – “The Right to a Private & Family Life” where they have been dismissed for reasons related to their social media use. The analysis leads to surprising results and key learning points for employers particularly in relation to new forms of social media such as instant messaging, tagging and “live” broadcasting.

A Dignified Workplace Divorce: Settlement Agreements and Protected Conversations (Michael McLaughlin)
Formal internal processes and tribunal claims lead to legal fees, stress, and confrontation for all concerned. Often a quick informal resolution is best for both sides. That said if you don't get the informal resolution right then you might end up in tribunal anyway.
Michael will provide some handy hints for employers, employees and those that advise them on how end the employment relationship quickly, quietly and at minimum cost.

Trade Union Relations and the Trade Union Act 2016 (David Morgan)
The Trade Union Act 2016 came into force on 1 March 2017, bringing the most significant shake up of the law of industrial action in a generation. In this session, delegates will:
   • Gain a core understanding of the implications of the new Trade Union Act 2016
   • Learn 10 (practical) things that all employment lawyers need to know about the new legislation
   • Consider the industrial relations ‘climate’ in the UK against which the law was enacted
   • Explore worked examples with a practical focus on the application of the new rules:-
        o The new threshold turnout limits
        o The definition of “important public services”
        o The ballot notification regime and timescales for compliance
        o The impact on the law of picketing.


Conference Speakers and Chair:

The conference will be chaired by David Hoey (BTO).

Michael McLaughlin (Partner, DWF)
Michael is head of Employment Law for DWF LLP in Scotland.  He has specialised in Employment law for almost 20 years acting mainly for private sector employers.  He lost count long ago of the workplace dispute settlements that he has worked on.

Graham Mitchell (Partner, Clyde & Co)
Graham Mitchell has specialised in Employment Law almost exclusively since he fully qualified as a solicitor in 1998. He has a particular interest in discrimination and social media issues. He has been accredited by the Law Society of Scotland as both a specialist in Employment Law & Discrimination Law. He enjoys speaking at a variety of events and is known for his negotiation and advocacy skills at Tribunal.

David Morgan (Partner, Burness Paull LLP)
David is accredited as a specialist in employment law (Law Society of Scotland) and he has practiced exclusively in employment law for 20 years. David is recognised in Chambers UK as a Tier 1 leading individual in employment law.

Frances Ross (Partner, Clyde & Co)
Frances has specialised in Employment and Discrimination Law since she qualified in 2005, having advised 17 local authorities on their defence of thousands of equal pay claims arising from historical bonus payments and implementation of new job evaluation schemes.  She has recently represented public and private sector employers in relation to claims of disability, sex, age, race and religion or belief discrimination. She is a member of the Law Society’s Equality & Diversity Committee.



Booking fee: members £100; non-members £150; trainee/paralegal from member firm £30; trainee/paralegal from non-member firm £50


Related File(s):
Booking Form:
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