Morton Fraser MacRoberts LLP

The Employment Law Bulletin

November 2026
 

Welcome to the November issue of the Employment Law Bulletin. Things never stand still when it comes to the Employment Rights Act 2025. Following the introduction of some important new rights in October, the end of last month also brought a number of significant announcements and our monthly ERA update provides the details. Away from the ERA, we have a focus this month on neurodiversity in the workplace. We look at a case highlighting the importance of interviewers avoiding assumptions about candidates, as well as a recently published expert report recommending a needs-led approach to neuro-inclusion at work. Elsewhere, the EAT has provided welcome clarification on the extent to which HR can advise disciplinary managers on disciplinary sanctions.

Employment team in a meeting
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Morton Fraser MacRoberts LLP
Ranked Band 1 for Employment Law by Chambers and Partners
 

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Featured article

Workplace neuro-inclusion should be needs-led

The UK Government has recently published an independent expert report including recommendations for employers on achieving workplace neurodiversity inclusion.

Webinars

Essential employment law webinars

Our next essential employment law webinar will take place on 14 January 2027 and will guide you through what to expect in employment law in 2027.

The impact of the Employment Rights Act will continue to be felt, and we will take you through the key changes expected. 

We will also look at important cases to watch out for, employment tribunal trends and our predictions for 2027.

Our webinars last for approximately 50 minutes, are free to attend and are applicable to the law of Scotland, England and Wales.

"The panel were excellent. Very knowledgeable and easy to listen to."

 
– Essential employment law webinar attendee
Case report

HR need not stay silent on disciplinary sanctions

A recent Employment Appeal Tribunal judgment clarifies the extent to which HR professionals can advise on disciplinary sanctions, including how they can support consistency while ensuring the final decision remains with the disciplinary manager.

Neurodiversity in the Workplace

Interviewers should focus on facts, not make assumptions

A recent case provides an important reminder of the dangers of making assumptions about how neurodivergent individuals present in recruitment processes.
 

November update

Employment Rights Act

Keep up to date with how the Employment Rights Act 2025 is progressing with our monthly update of what's been happening.

We also offer a practical, tailored half-day training course for HR and business leaders, focusing on the steps employers can take to prepare for the changes coming into force as a result of the Act. For further details of our training course, please contact us here.

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Podcast recording in progress

MFMac: Employment Law Podcast

This month David Hossack speaks with Sarah Hanson, an expert in social intelligence, about better workplace conversations and how social intelligence can help strengthen working relationships and prevent conflict. In addition, and continuing this month’s focus on neurodiversity, David and Alan Delaney discuss practical steps employers can take to support neurodivergent employees and create more inclusive workplaces.

Round-up

Employment Law: beyond the headlines, November 2026

Away from the main stories, we highlight our selection of the employment law-related news, developments and trends that caught our attention over the past month.

Lawyers listening to meeting discussions

Employment team talking
Training

Preventing sexual harassment and third-party harassment

The new duty on employers to take all reasonable steps to prevent sexual harassment in the workplace is now in force. Employers are also now liable for third-party harassment. We can provide tailored support and training to help you comply with your obligations and reduce the risk of claims.

To find out more, click the link below or email Sarah Gilzean here.

"MFMac's key strengths are professionalism, a friendly and approachable manner, and a consistently fast response time."

 
– Chambers and Partners 2027

Contact us

Employment Partners
 

Our partners lead one of the largest employment law teams in Scotland, with more Law Society of Scotland accredited employment law specialists than any other firm.

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Innes Clark

Head of Employment Team
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Lindsey Cartwright

Partner
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Alan Delaney

Partner
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Sarah Gilzean

Partner
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Kenny Scott

Partner
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Stuart McWilliams

Partner, Business Immigration