Daniel Gorry recently joined our employment team as our experienced lawyers across our offices in Glasgow, Edinburgh and Dundee continue to support employers at a time when the myriad of issues that they face means they have never needed strong advice more.
Daniel, who has 16 years of legal experience and has worked in all aspects of employment law, will be based at our Glasgow offices. He was previously Legal Director in Scotland for employment law and HR advisory organisation WorkNest (formerly Law at Work).
Get in touch with Daniel
If you would like to speak to Daniel about your or your business' circumstances, you can reach him here:
danielgorry@lindsays.co.uk
Daniel urges Scots employers to stay alert as Brexit clock ticks
Daniel Gorry advises businesses not to forget that the clock is ticking on potentially significant shifts in legislation.
On 31 December 2023 all retained pieces of EU law in the United Kingdom will automatically expire - unless legislation is brought in to retain them. That leaves the possibility open of legal changes between now and the end of the year which employers could face having to implement quickly.
Daniel said: “With the time that’s passed, and all that’s happened since the Brexit vote, people would be forgiven for having forgotten that there are some pretty significant legal changes on the horizon, not least when it comes to employment law. It’s a situation that businesses would be well advised to watch closely.
“For decades, EU legislation has been a major influence on the rules that businesses in the UK have had to operate within when it comes to working with their staff.
“With the December deadline looming, there still doesn’t seem to be any indication from the UK Government about what it plans to do in terms of whether it retains those EU laws for longer, or whether tailor-made legislation is about to come into play.
“It’s a waiting game, although time is clearly running out. There are legitimate concerns that if there’s going to be significant legal reform there is not enough time for them to be properly considered and enacted.
“As lawyers, we are standing ready to digest developments and advise clients as they happen.”
Political power over employment law is reserved at Westminster, with legislation covering the whole of the UK.
While, under the Brexit agreement, retained EU employment law automatically expires on December 31, the UK Government can extend that deadline to give Ministers more time to decide what to do with particular pieces of legislation.
But the maximum extension is June 23, 2026 - the tenth anniversary of the referendum which decided the country’s departure from the European Union.
"On 31 December 2023 all retained pieces of EU law in the United Kingdom will automatically expire - unless legislation is brought in to retain them - meaning legal changes which employers could face having to implement quickly. "
Major areas of employment law driven by EU policy include:
- The Transfer of Undertakings Regulations (TUPE). These are designed to protect employees’ rights when their employment is transferred to another employer, including when businesses are sold or contracts are outsourced.
- Working Time Regulations - the rules which contain the right to paid holiday, rest breaks and limits on working hours.
- “Worker” rights - which are distinctly different to employee rights.
- Aspects of discrimination legislation, including on the grounds of religion and sexual orientation.
There are influences also on a number of other areas, including some rights for pregnant women and those on maternity leave, as well as health and safety rules.
Daniel added: “We would hope for guidance shortly. But it’s a situation that employers cannot afford to lose sight of.
“Even if there are to be no changes this year, we should know in the coming months what the actual timetable of employment policy change is going to be in the medium term. Once the situation becomes clear, everyone would be best advised to start planning towards that - taking legal advice where necessary.”
While the scope of potential change for tailored UK policy has not yet been outlined, the EU-UK Trade and Cooperation Agreement includes a clause that, if changes to UK employment law have an impact on trade or investment with the EU, then measures can be taken by Brussels to address them. These could include tariffs.
"Once the situation becomes clear, everyone would be best advised to start planning towards that - taking legal advice where necessary."
Respected Scottish legal advice
Our specialist employment lawyers advise on all aspects of employment law.
Daniel, who recently joined the team, has experience which includes advising on complex company restructures, as well as developing an in-depth knowledge of the education and leisure sectors. He has appeared in employment and appeal tribunal cases involving issues including disability status, sex discrimination and TUPE regulations.
Daniel said: “It’s great to be part of the team at Lindsays. The firm has a terrific - and incredibly well-earned - reputation in employment law.
“This is a fantastic opportunity to join at a time of growth. Lindsays is an institution in the Scottish legal sector and is highly regarded, which was another attraction. While continuing to grow, it has retained its own identity.
“The myriad of legal issues affecting employers and staff - often rapidly evolving - means the need for professional advice has never been greater. I am looking forward to helping the team grow further as we support increasing numbers of businesses and people.”
Ben Doherty, Partner and Head of Employment Law at Lindsays, has been delighted to welcome Daniel to the team.
Ben said: “To have someone of his experience join our ranks really demonstrates the strong reputation our firm has for providing quality and considered legal advice to employers. Daniel’s arrival will undoubtedly further strengthen our services for clients.
“Employers face no shortage of challenges at the moment, which require careful counsel. There’s the ongoing impact of Brexit, of course, but also those stemming from the legacy of Covid-19 and the cost of doing business crisis and more.
“Our team - both in employment law and our sister HR consultancy service, is perfectly positioned to support as they navigate these.”
If you would like to get in touch with Daniel, you can email him at: danielgorry@lindsays.co.uk
Or call him: 0141 302 8373
For more information, visit our page detailing our services for businesses: Lindsays | For Business
