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

September 2026
 

Welcome to the September issue of our employment law bulletin. We begin by looking at a recent judgment highlighting the significant cost of bypassing collective bargaining with recognised trade unions. We also examine a Supreme Court decision providing welcome clarity on part-time workers' claims, and an Employment Appeal Tribunal judgment confirming that the right to be accompanied is only triggered by an employee request, even where they have not been told the purpose of the meeting. As always, we include details of other key employment law developments, our latest podcasts and our upcoming webinars.

Collective bargaining and workplace consultation meeting
Featured article

High Cost to Circumventing Collective Bargaining

A recent Employment Appeal Tribunal judgment has reaffirmed the importance of collective bargaining procedures being exhausted before an employer can approach workers directly - at a cost of nearly £4.9 million to the employer.

Webinars

Essential employment law webinars

Our next essential employment law webinar takes place on 24 September and looks at the key Employment Rights Act changes coming into force in October.

The webinar will last for approximately 50 minutes, is free to attend and is applicable 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
September 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.

Professionals reviewing employment documents during a workplace meeting.
Fiona Meek recording podcast
Podcast

MFMac: Employment Law

Our latest podcast episodes are now live, with David Hossack and Sarah Gilzean discussing Gender Equality Action Plans and whether employers will benefit from acting now. In addition, Jenny Dickson, a leading personal injury lawyer, joins David to explore the interplay between employment and personal injury claims arising from workplace stress and situations where employers may be said to have caused or contributed to that stress.

Private hire driver holding a steering wheel while working.
 
Case Report

Supreme Court judgment aligns approach to protection for part-time workers

The Supreme Court has brought welcome clarity to a long running misalignment of approach to part-time workers protections by Employment Tribunals in England and Wales versus those in Scotland.

Employee and manager in a formal workplace meeting.
 
Case Report

If you don't ask, you don't get

A recent Employment Appeal Tribunal decision confirms that employees must request the right to be accompaniment by a fellow worker, trade union official or trade union representative before the statutory right applies.

Round-up

Beyond the headlines – September 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.

Woman reading online articles.
Sarah Gilzean
Training

Preventing sexual harassment and third-party harassment

Employers already have a duty to prevent sexual harassment but from next month, employers will require 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