Hamilton Nash Employee Relations

16/04/2025

The Supreme Court published their judgment on For Women Scotland Ltd (Appellant) v The Scottish Ministers (Respondent) this morning.

Contrary to what some social media commentary is saying, this was not about establishing a hierarchy of rights where one group is subordinate to another (actually, quite the opposite).

The question before the Court was all to do with legal interpretation: how to reconcile two statutes that appear to be in conflict with each other (the provision within the Gender Recognition Act 2004 that states a holder of a Gender Recognition Certificate has their acquired gender "for all purposes" and the Equality Act 2010, which differentiates between the characteristics of s*x and gender reassignment).

The Supreme Court decided that "interpreting 's*x' as certificated s*x would cut across the definitions of 'man' and 'woman' and thus the protected characteristic of s*x in an incoherent way".

This decision is particularly relevant to matters relating to single s*x spaces, in that "single s*x" has been clarified as meaning a specific *biological* s*x. I believe it will have knock-on ramifications for "single s*x" sports too.

The ramifications go further too, for example into s*x representation metrics. Let's say you have a goal to have a certain number of women in a particular position or role (i.e. no less than a certain percentage being women). In the opinion of the Supreme Court, appointing a transwoman with a GRC does would NOT count towards that goal.

31/01/2025

When the stakes are high, understanding the dynamics of disagreement can make the difference between deadlock and progress.

https://www.hnis.co.uk/workshop-identify-resolve-friction-in-senior-leadership-teams

20/01/2025

Friction isn’t always a bad thing - it can spark innovation when handled well. But unresolved friction? That’s when trouble starts.

Our workshop helps leaders spot friction early, understand the dynamics of disagreement, and turn misalignment into opportunity for collaboration.

Ready to help your leadership team thrive under pressure?

Check out the details here:

https://www.hnis.co.uk/workshop-identify-resolve-friction-in-senior-leadership-teams

14/01/2025

Feel like you have to tiptoe through a minefield whenever you deal with a potentially sensitive HR issue?

Let us guide you through.

Our team are experts at managing workplace conflict, grievances, disciplinary issues, etc.. We can even represent you in any Employment Tribunal claim if necessary!

If you have a situation on your hands, or just want to know who to call if one arises, get in touch for a free, 30-minute consultation with no obligation.

13/01/2025

When executive friction goes public, it damages more than just team morale - it impacts brand perception and ultimately the bottom line.

Think of recent headlines about high-profile leadership clashes and their fallout (e.g., Two Sigma's management shakeup, OpenAI leadership departures, EY's UK leadership restructuring, Stellantis CEO departure, to name just a few)

Our workshop dives deep into how friction arises, how it escalates, and - perhaps even more importantly - how to manage it effectively.

Because a united leadership team isn’t a luxury - it’s essential for success.

Interested in learning more?

https://www.hnis.co.uk/workshop-identify-resolve-friction-in-senior-leadership-teams

08/01/2025

Did you know that only 36% of executives report that their decision-making style aligns with their organisation’s?

That’s a whopping 64% that doesn’t! 😱

Misalignment at the top can create confusion, slow down critical processes, and weaken leadership effectiveness.

When executives aren’t on the same page in terms of their goals, decision-making, and communication, it becomes difficult to inspire trust and alignment in their teams.

This often leads to delays, eroded trust, and ripple effects across the organisation.

Our half-day workshop, "Dynamics of Disagreement: How to Identify & Resolve Friction in Senior Leadership Teams", helps senior leaders recognise and manage friction before it escalates.

Ready to help your leadership team get back in sync? More details here:

This half-day workshop helps senior leaders understand the dynamics of disagreement and transform friction into strategic advantage.

24/10/2024

Recently, Jim Moore gave a presentation on workplace conflict to the Financial Executives Networking Group (FENG). It’s only a high level talk, but if you’re curious, a link to the video is below…

Speaker: Jim Moore, Managing Partner, Hamilton NashPresentation: - If we're rational & reasonable, why do we argue?- The cognitive biases that predispose us ...

01/08/2024

⚠ Allegations against senior leaders need to be handled carefully.

The issue needs to be investigated and resolved, striking a balance between tact, discretion, protecting the business, and your duty of care as an employer.

The matter needs a full and impartial investigation, but that can be tricky when the status and influence of the individual can affect witnesses.

That's where we can help! We've supported a number of companies with investigations involving C-level executives and Managing Directors, from small businesses to major multinational brands.

We'll carry out a comprehensive investigation, and produce an evidence-based findings report with our recommendations. You can use that report inform your decision making for further internal or legal processes.

If you have a situation on your hands, get in touch for a confidential 30-minute consultation, with no obligation and no cost.

Call us on 0118 380 5050, or drop an email to [email protected] and we'll get back to you. You can also find and book a slot that suits you from our website!

17/07/2024

Significant changes to employment law have been announced in the King's Speech..

In line with Labour's proposals prior to the election, we heard from the King about a forthcoming 'Employment Rights Bill' that promises some significant changes to employment law during this government.

We'll put a link to the King's Speech briefing notes in the comments (see page 21 for the bit on the Employment Rights Bill).

Measures included in this Bill, if enacted, are:

- No more one-sided (exploitative) zero hour contracts.

- Implementation of a Fair Work Agency to enforce employment rights and fine employers. We shall have to see how this works alongside the existing Employment Tribunal system.

- Flexible working to be the 'default' from day one. Employers will have to justify why an employee cannot work flexibly, rather than employees having to request flexible working arrangements.

- Abolishing the 2-years' service 'qualifying period' before an employee can make an unfair dismissal claim

- No more minimum earning threshold or 3-day waiting period before workers can get Statutory Sick Pay

- No more minimum service requirement before workers can take parental leave

This could represent the biggest shake-up of employment law since 1975. We need to see the details in the Bill, and there will certainly need to be consultations etc. so it may be a little while before we see these being implemented. However, employers should start planning for these changes and understanding the potential consequences as soon as possible.

10/07/2024

Labour's proposal to enable unfair dismissal protection from day one may put the focus on probationary periods. Here's why...

Labour have signalled that they want to remove the requirement for 2 years' service before an employee can make an unfair dismissal claim. This has generated a number of headlines but, as usual, there's more to this than meets the eye.

Labour have also said that employers would still be able to use probationary periods to assess new hires. This suggests that 'failure to complete probation successfully' would be considered a fair reason for dismissal. However, it's not clear what process or criteria would constitute a 'probation failure'.

Also, some employers take a fairly lax attitude to probation, and don't properly set expectations and manage performance during the probationary period. Some don't even have a probationary period defined in their contracts.

Employers will need to really focus on their probationary clauses and processes if Labour do introduce this change.

We'll have to see the actual drafting of the proposed legislative changes, but it's likely that any dismissal decision will still need to be based on a fair process.

I've heard mutterings about using an initial 6-month fixed-term 'probationary' contract and only offering a permanent contract to those who you are sure you want to keep, and simply don't renew the contract for the rest.

Sorry, this won't help you. Not renewing a fixed-term contract is still considered a dismissal in UK employment law, and employers need a 'fair reason' for non-renewal, following a fair process. Therefore, this approach won't circumvent any day one rights to claim unfair dismissal. You can't just arbitrarily refuse to renew the contract and then hire someone else to do the same work.

Need advice on implementing robust probation processes, or want to talk about the proposed changes to employment law? Get in touch for a free, 30-minute consultation.

05/07/2024

https://www.linkedin.com/pulse/labours-plans-workforce-hamilton-nash-cbdie/?trackingId=vwwz451pTGa5YvRo0jLg9Q%3D%3D

03/07/2024

Most of our work is pre-litigation. Indeed, we pride ourselves on resolving issues within the employment relationship. However, there are times when you might need employment law assistance. We can help there too!

We're offering a very affordable employment law service, with a fixed fee for drafting settlement agreements of just £750 + VAT. This includes an hour of negotiating time, if it's needed!

We can also assist with employment tribunal claims, managing your case all the way through to representing you at a tribunal hearing. This service is just £199 + VAT per hour.

If you would like a free 30-minute consultation to discuss your situation, get in touch and we'll arrange it!