Monday, June 18, 2018
Innes Clark

Innes Clark

Employment Lawyer
Morton Fraser Solicitors 

Website URL:

The Federation of Small Businesses (FSB) has discovered that nearly one fifth of all candidates for jobs have provided false references on their application. 
I was presenting a talk on Settlement Agreements in Glasgow earlier this week and one case that jumped out as a cautionary tale was the decision of the High Court in Newbury v Sun Microsystems [2013] EWHC 2180.

In Newbury v Sun Microsystems the employer's solicitors had written to the employee to offer a settlement sum of

I have previously blogged on the issue of interns not being paid the National Minimum Wage (the "NMW") in circumstances where they should be. The Department for Business, Innovation and Skills (the "BIS") have now published new guidance entitled The National Minimum Wage: Work Experience and Placements which, according to BIS, outlines a new tough stance on employers who use interns to avoid paying the NMW.
Recently the media reported the story of Paris Brown, the former youth police and crime commissioner for Kent, who was forced to resign from her post on 9 April 2013, after the Mail on Sunday publicised tweets she had previously made and which could be considered homophobic and racist.

The comments were made by 17 year old Paris when she was aged between 14 and 16.

I noticed this interesting report - Pilot Scheme Tackles Long-Term Sickness Absence - on the BBC website the other day and it looks like this important initiative is finally being publicised more widely.

In 2011 the report, Health at work: an independent review of sickness absence, by Dame Carol Black was released by the Government. This report reviewed the health of Britain's working age population and made a number of recommendations to reduce workplace sickness absence and the cost of ill health on individuals, employers and the taxpayer.

Tuesday, 07 May 2013 15:48

Top Employment Law Myths

I recently posted a blog on Employers' Perceptions of Employment Law which made reference to the need to dispel some of the myths which surround employment law. With this mind I thought it would be a good opportunity to re-examine what employment law myths do exist.

There is no contract of employment if there's nothing in writing.

I recently blogged that the House of Lords had voted to reject the concept of employee shareholder contracts. Under this proposal an employee would receive at least 2,000 worth of shares in their employer in exchange for surrendering certain employment rights, including the right not to be unfairly dismissed (except in health and safety cases, automatically unfair cases, or cases where the dismissal is discriminatory under the Equality Act 2010) and the right to a statutory redundancy payment.
Wednesday, 01 May 2013 13:41

Employers' Perceptions of Employment Law

Since coming into power in 2010 the Government have sought to make significant changes to employment law. Their aims in doing so have been to ease the regulation of employers through the "Red Tape Challenge" and to reduce the burden of unnecessary employment legislation. Overall the stated aim of the Government is to ensure employment laws provide the flexibility required for employers to grow and that the obligations under them are not too onerous for employers.
On 6 April 2010 the statement of fitness for work ("fit note") was introduced. This replaced the previous "sick note" and allows doctors to indicate not only if an employee is "not fit to for work" but also if they "may be fit for work". The fit note gives doctors the opportunity (by way of tick boxes) to suggest ways in which the employee may be able to return to work such as altered hours or reduced duties.
Tuesday, 09 April 2013 17:25

Updated Employment Law Reform Timeline

There is a lot going on at the moment in UK employment law. This blog sets out the key changes for 2013 and beyond. I have updated this blog as of 8 April 2013.
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