Mark Hamilton

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Articles

Suitable alternative employment and redundancy payments

Oct 28, 2024 | lexology.com | Mark Hamilton |Claire Maclean

What is suitable alternative employment? An employer dismissing an employee by reason of redundancy has a duty to make reasonable efforts to find the employee alternative employment. That would usually involve an at-risk employee being notified of all available roles for them to consider as an alternative to being made redundant. However, if the employee unreasonably refuses to accept a suitable alternative role, they will lose their entitlement to a statutory redundancy payment. What is suitable?
Tips reform: ensuring a fair share for all

Oct 17, 2024 | lexology.com | Mark Hamilton |Karen Farrell

The tipping landscape is undergoing significant change with new non-statutory guidance from the UK government aimed at promoting fair distribution of tips between employees. This aligns with the introduction of the Employment (Allocation of Tips) Act 2023 and the Code of Practice on Fair and Transparent Distribution of Tips, effective from 1 October 2024. What is the purpose of the reform?
Equal value, equal pay: Lessons from the ruling in Thandi v Next

Oct 4, 2024 | lexology.com | Leslie M. Martin |Mark Hamilton

In a landmark decision, the Employment Tribunal (ET) in Thandi and others v. Next Retail Limited and another found that, by paying its warehouse staff a higher rate of basic pay than shop floor staff, Next was in breach of the equal pay provisions of the Equality Act 2010 (EA), which imply a “sex equality clause” into every contract of employment. Other retailers are involved in large-scale equal pay litigation on similar points, but this appears to be the first to reach a conclusion in the ET.
A last-minute winner for HMRC? Supreme Court considers employment status of part-time referees

Oct 3, 2024 | lexology.com | Mark Hamilton |Sarah Britton

The Supreme Court’s highly anticipated judgment in Commissioners for Her Majesty’s Revenue and Customs v. Professional Game Match Officials Ltd. determined that the “irreducible minimum” of mutuality of obligation and control necessary for employment contracts were present in individual match contracts of part-time football referees officiating English domestic matches.
High Court dismisses interim injunction in restrictive covenant dispute: Literacy Capital Plc v. Webb

Sep 3, 2024 | lexology.com | Amy Gordon |Mark Hamilton

In a recent High Court ruling, an application for an interim injunction aimed at enforcing restrictive covenants was swiftly dismissed, illustrating the court’s reluctance to uphold extreme covenants. Literacy Capital Plc (the Claimant), an investment company, sought to prevent Vanessa Webb (the Defendant), a former director of the Claimant’s subsidiary, Mountain Healthcare, from engaging in activities that were deemed competitive with Mountain Healthcare’s business.
Police Operation Summer City proves a success - Mark Hamilton

Aug 28, 2024 | edinburghnews.scotsman.com | Mark Hamilton

Chief Inspector Mark Hamilton, Local Area Commander, South East EdinburghSummer is usually a busy period for Edinburgh and it was no different this year with various events taking place across the city followed by the Edinburgh Festivals throughout August. I am pleased to report that our policing response in support of the Festival’s ’Operation Summer City’ was a success with no significant issues.
Growth and Small Business Culture

Aug 1, 2024 | sbam.org | Mark Hamilton |Danielle King

As a business grows, it becomes increasingly complex. Business functions that one or two people once managed now require additional staff. Automation replaces legacy systems and processes, both administrative and those that directly impact production and service delivery. Cross-functional communication and coordination, which used to be informal and direct, is soon flowing through layers of people and departments.
Crackdown on youth disorder is starting to pay off- Mark Hamilton

Feb 14, 2024 | scotsman.com | Mark Hamilton

The last couple of months have been a busy time for policing across the city of Edinburgh and the teams have been working hard tackling a number of issues. During December into January we had increased complaints of youths disorder around the east end of Princes Street, so we instigated a policing operation with colleagues from British Transport Police to engage with the youths and discourage underage drinking and antisocial behaviour.
Join the Mental Health Conversation: Time to Talk Day

Feb 1, 2024 | lexology.com | Claire Maclean |Mark Hamilton

1 February is Time to Talk Day, the nation’s largest mental health conversation. We look at the potential benefits for employers of getting involved and offer some suggestions on how to do so. The Time to Talk Day initiative is led by Mind and Rethink Mental Illness in England and extends across the UK with the collaboration of Scottish Action for Mental Health (SAMH) and See Me in Scotland, Inspire in Northern Ireland, and Time to Change Wales.
Deliveroo drivers’ dilemma: a deep dive into the Supreme Court ruling

Jan 18, 2024 | lexology.com | Claire Maclean |Mark Hamilton

At the end of last year, the Supreme Court released its much anticipated judgment in the case of Independent Workers Union of Great Britain v Central Arbitration Committee and anor. The Court decided that Deliveroo food delivery “riders” were not in an “employment relationship” for the purposes of Article 11 of the European Convention on Human Rights because they do not work specified hours, are able to work for rival companies and can appoint someone to work in their place.