Morton Fraser MacRoberts LLP
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Morton Fraser MacRoberts LLP
Ranked Band 1 for Employment Law by Chambers and Partners
 

The Employment Law Bulletin

August 2026
 

Welcome to the August issue of our employment law bulletin. Our featured article looks at the very important employment law changes that are due to take effect in October as a result of the Employment Rights Act. We also look at the other latest developments with the Act. Our case report this month focuses on a recent Court of Appeal judgment which held that a training costs repayment clause was a restraint of trade, restricting an employee's ability to move to a new employer.

We also round up the other employment law news that caught our attention over the past month as well as sharing details of our upcoming webinars and our latest podcasts.
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Featured article

Is your organisation ready for October's Employment Rights Act changes?

October sees a significant number of Employment Rights Act changes that will have an impact on all employers.
Webinars

Essential employment law webinars

Our essential employment law webinars return on 25 August when we will be looking at Health and Wellbeing in the Workplace. We will be joined by Dr Sigi Joseph and Dr Jane Catley who will provide a doctor's perspective, with the focus on prevention being better than cure. Details of 

this and our other upcoming webinars and how to register are available here.

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

"Very informative, pitched at the right level with excellent delivery, and consistently insightful, clear and current."
 
– Essential employment law webinar attendee
August update

Employment Rights Act

Keep up to date with how the Employment Rights Act 2025 is progressing with our monthly update.

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, please contact us here.
Restraint of trade

Training repayment or restraint of trade?

A recent Court of Appeal decision found a training repayment clause unenforceable as a restraint of trade. Employers should review clawback provisions to ensure they are proportionate, justifiable and linked to genuine training costs. The judgment offers important guidance on training repayment arrangements.
Fiona Meek recording podcast
Podcast

MFMac: Employment Law

Latest podcast episodes now live, with David Hossack and Andrew Gibson discussing an Employment Appeal Tribunal case on medicinal cannabis in the workplace. David is also joined by Fiona Meek to examine "up or out" policies and disability discrimination issues, including endometriosis at work.
Round-up

Beyond the headlines – August 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.
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Sarah Gilzean
Training

Preventing sexual harassment and third-party harassment

Employers already have a duty to prevent sexual harassment but from 30 October 2026, employers will be required to take all reasonable steps to prevent sexual harassment in the workplace. Employers will also become 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.

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

"The team consistently delivers high quality advice, making often complex legal issues easy to understand"
 
– Chambers and Partners 2026 Edition
 
     

Edinburgh Office
9 Haymarket Square, Edinburgh, EH3 8RY
DX number: ED119
+44 (0) 131 247 1000
edinburgh@mfmac.com

Glasgow Office
60 York St, Glasgow, G2 8JX
DX number: GW70
+44 (0)141 303 1100
glasgow@mfmac.com

Morton Fraser MacRoberts LLP, referred to as MFMac, is a limited liability partnership registered in Scotland. Our registration number is SO300472 and our registered office is at: 9 Haymarket Square, Edinburgh, EH3 8RY. Our VAT registration number is GB269 1293 36.