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

Wed 7 November 2018

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

Answers to 14 Thorny Questions: Directly from 8 of Scotland's Sharpest Lawyers

5 hrs CPD

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  1. Registration and coffee

  2. Introduction

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

    Chaired 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 Scotland's "Lawyer of the Year."

  3. Selection

    When constructing the redundancy selection grid, what weight should you give to soft measures such as attitude and diligence?

    How do you measure them?

    Answered by: Stephen Miller of Clyde & Co

    Stephen has been involved in many of the leading employment law cases. "He has phenomenal judgement and an unerring instinct for what the Tribunal might do."

  4. Protected conversations

    Using real-life examples, what is the root cause of the trouble with protected conversations?

    Why do they go wrong and how can you put them right?

    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. Stress & anxiety

    In a grievance, disciplinary or under-performance situation, what can you do - practically and legally - if the employee responds by taking long-term sickness leave, for reasons of stress or anxiety?

    Answered by: David Walker of Morton Fraser

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

  7. Other substantial reason

    Is it possible to dismiss an employee because of persistently poor behaviour, e.g. bad manners, undermining, not speaking to people?

    What evidence is going to persuade a tribunal?

    Answered by: Jack Boyle of Blackadders

    Jack is "a rising star; matching the very best for talent." He is a great communicator; "giving clear and structured advice in a way that a lay person can understand.”

  8. Over-run

  9. Lunch

  10. Capability

    What happens if you can't agree over flexible working options with an employee returning from maternity or shared parental leave?

    When is a capability dismissal your best option?

    Answered by: Katy Wedderburn of MacRoberts

    Katy continues to impress with her "stellar employment law practice." Her advice is clear, concise and commercial. She is a popular commentator in the Press and on the Radio.

  11. Investigations

    Drawing on live cases, what counts as being fair and not fair at the investigatory stage?

    Just what is fair enough when it comes to the tribunal?

    Answered by: Gillian MacLellan of CMS

    Gillian is "solution-driven and knows how to make the law work for her clients." She is praised for her "fantastic service, her response times and commercially savvy advice.”

  12. Restructuring

    When restructuring, what are the benefits of dismissal and re-engagement over redundancy (and vice versa)?

    Where are the risks?

    Answered by: Mark Hamilton of Dentons

    Mark is "held in the highest esteem for his strategic advice and fantastic skill." "You get his gut feel, rather than just the black-letter law, which is particularly valuable."

  13. Over-run

  14. Close of conference