WELL, this will be my last year at the Aberdeen Employment Law Conference.
I have been involved in these for more years than I can remember.
The faces have changed over that time both of the delegates and the lawyers taking part and the law also keeps continuing.
It has been a real pleasure to work with such a variety of the Aberdeen law firms.
There is so much knowledge, not just legal but practical, recognising the real challenges for firms.
My task over the years has been to square the circle, so to speak.
To round up the case law and proposed employment legislation and pass it on.
Those of you who have been there know that I speak fast and cover a lot and do all the wrong things by filling the overheads with detail.
I have always done that.
My excuse is that you can read the detail later.
Nothing worse than remembering a case at some other date but having no detail on the slides.
I work on the basis that you listen and don’t take notes and my approach seems to have worked over the years!
And how the law has changed in that time.
When I started, it was difficult to conceive of having laws on sexual orientation and gender reassignment but these are part of the employment law make-up now.
I have always said that one of the joys of working in employment law is that it gives you the opportunity to look at lots of other disciplines.
To understand it, you have to look at the politics, the ideologies of the various political parties, Labour, Tory or even a coalition (probably the only one in my lifetime).
You have to look at demographics – we have had the glass ceiling, the grey ceiling and now the immigration question.
We have had globalisation, banking crisis, terrorism.
All of these impact on the laws which affect the workplace and their acceptance.
I have tried over the years to explain how these have affected us.
None, of cours e, makes sense without the case law and that understandably is one of the most frustrating areas for employers.
It is costly and time-consuming to go to court.
That was recognised by the coalition government coming to power in 2010 and by the continuing Conservative administration and this led to the introduction of fees.
On the surface that did not appear to be a bad thing. The reality of course is quite different.
A reduction of some 75% of cases and research indicating that justice certainly is not serving individuals.
Anecdotal evidence suggests that the reduced threat of tribunals is leading some employers to ignore the law judging that the likelihood of being taken to court is negligible.
They may be correct but most of us accept that justice is important for all of us and a lowering of good employment practice benefits no one.
In my 40 years of working in employment law, I can say with absolute certainty – what goes around comes around.
The senior manager who bypasses the law may be the manager made redundant at 55 and can’t find other well paid employment.
In other words it could be any of us.
Of course, control of tribunals in Scotland will be passed to the Scottish Government which has promised to repeal the fee structure.
Whilst this is a laudable intention, it might have been wise to consult on what might replace it as no one wants to go back to the previous structure.
My own view is that much of what goes to tribunal could be dealt with by mediation (where there is a breakdown in relationships) and preferably whilst the parties are still working.
Some areas are nuts and bolts and do not need a full tribunal, for example notice pay, redundancy pay etc.
And some of the most difficult are those which are about a legal question which would affect many employers/employees.
For instance the ongoing debate about what makes up holiday pay and all of the associated issues.
It is frustrating to wait for the result of the next case and the one after and maybe years later a referral to the European Court of Justice.
There must be a more certain way of dealing with these “reference” issues.
So to summarise, it has been fun over these 40 years and will continue to be so.
I am not retiring, just doing slightly less.
I am fascinated by the law and its implications for us all and I know that the Aberdeen conference will continue to go from strength to strength with such a great team at the helm and superb contributors.
Good luck to everyone.
- The annual Employment Law Conference – at which Toni is appearing for her final time – takes place on November 17 this year at the AECC.
The full-day event equips delegates with the essential information, knowhow and skills to deal with the demands of employment law and personnel management in an enjoyable way in the company of fellow professionals.
You can also read blogs from speakers Sandy Kemp of Clyde & Co, and Katie Williams and Euan Smith of Pinsent Masons