Redundancy and Dismissal: Hints, Tips and Solution-Focused Answers for Employers

Tue 21 November 2017

The Playfair Building Surgeons' Hall, Nicolson St Edinburgh EH8 9DW

Answers to 17 Thorny Questions: Directly from 8 of Scotland's Most Sought-After Lawyers

5hrs CPD

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  1. Registration and coffee

  2. Chair's Introduction

    Redundancy and Dismissal: Hints, tips and solution-focused answers for employers

    Chaired by: Murray McCall of Anderson Strathern

    Murray brings a huge number of employment cases to the table. He advises clients such as INEOS and the University of the West of Scotland. He is the firm's managing partner.

  3. Fraudulent sick leave

    How do you lawfully evidence when an employee is taking fraudulent sick leave, i.e. pulling a sickie?

    Can you rely on a Facebook screen-shot of an employee actively partying or playing sport as evidence of misconduct and grounds for dismissal?

    Answered by: Simon Allison of Blackadders

    Simon “excels at translating difficult legal concepts into layman's terms and building confidence”. He is a gifted speaker and gives "effective and engaging advice".

  4. ​Stress and performance

    How do you manage an employee whose stress is driven by underperformance?

    What if the stress is causing frequent short-term absences?

    Are you expected to tolerate the underperformance so as not to exacerbate the illness?

    Answered by: Stuart Neilson of Pinsent Masons

    Stuart "is excellent at advising on risk and identifying lower-risk options for his clients". He is Vice Convenor of the Law Society of Scotland's Employment Committee.

  5. Morning coffee

  6. ​Redundancy selection

    In a redundancy selection process, must you put everyone at risk if your objective test clearly identifies who should go?

    How do you balance (1) objective factors, (2) the outcome of HR selection exercises and (3) management assessment?

    Answered by: David Walker of Morton Fraser

    David is "sharp, pragmatic and wise" - "one of Scotland's most experienced employment law specialists". His "reputation, especially for tribunal representation, is enviable".

  7. ​Previous warnings

    At an appeal, what do you do if an employee argues that a previous warning was given in bad faith (even though they never argued this at the time)?

    What if an employee resigns and claims constructive dismissal because of events that happened more than 6 months ago?

    Answered by: Frances Ross of Clyde & Co

    Frances provides clear advice to employers on the challenges arising from the employment relationship, including redundancy and reorganisations and disciplinary and grievance procedures.

  8. Over-run

  9. Lunch

  10. ​Disability and capability

    What are you to do with a disabled employee, if you've adjusted his or her work-pattern but attendance or performance is not improving?

    How long must you wait before (1) reviewing the arrangement or (2) dismissing the employee?

    Answered by: Amanda Jones of Dentons

    Amanda is "extremely authoritative, capable and practical". She acted in the Supreme Court case against Stirling University over redundancy consultations. She is a Director of Hibernian FC.

  11. ​Redundancy consultation

    What are the "red lines" of bad practice when handling a redundancy consultation, beyond which the entire process is invalidated?

    What if an employee suggests you have been insensitive or careless?

    Answered by: Gillian MacLellan of CMS

    Gillian is "solution-driven and knows how to make the law work for her clients" and is praised for her "fantastic service and her response times”. Her support to one global client following multiple collective redundancy exercises was described as “outstanding”.

  12. Disciplinary investigations

    In a disciplinary investigation, if your role is to advise but not alter decisions, what do you do when an investigating manager's recommendations for further action are just wrong or don't fit the allegations?

    Answered by: Chris McDowall of Anderson Strathern

    Chris stands out for the "quality of his strategic legal advice". Clients include the UK wide shoe retailer OFFICE. He is Chair of South Lanarkshire College’s HR Committee.

  13. Over-run

  14. Close of Conference

** All speaker quotes are taken from Chambers Directory, Who's Who Legal and Legal 500