EMPLOYMENTMATTERSOBESE WORKER AWARDED CLAIMAN OBESE EMPLOYEE HAS WON A DISABILITY HARASSMENT CLAIM

GENDER PAY GAPNEW INITIATIVES HAVE BEEN INTRODUCED TO REDUCE THE GENDER PAY GAP

WORKER SACKED FOR ‘RACIST REMARKS’SURGEON DENIED INJUNCTION TO STOP EMPLOYER FROM CONDUCTING DISMISSAL

www.employment-lawuk.co.uk | ISSUE 10 MARCH 2015

International Women’s Day We speak to Solicitor Justine Watkinson about the

challenges that women face in today’s workplace

The Countdown to Shared Parental LeaveDON’T MISS

It’s All Change for 2015!Social media policies continue to be key

focus with other big changes later this year

’Fit For Work’ ServiceThe Government introduces its new ‘Fit for

Work’ Service for employers and employees

Women ‘Hindered By Gender’We explore claims that nearly half of women still face gender inequality in the workplace

Published by Hillyer McKeown Solicitors

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EDITOR’S LETTER

4 EDITOR LETTERRichard Burnett comments on some of the key features of the issue.

5 EMPLOYMENT NEWSAn obese worker is awarded a disability claim and a surgeon is sacked following ‘racist remarks’

6 ALL CHANGE FOR 2015!Social media policies continue to be a key focus for employers in 2015, with several other big changes coming into force later this year.

8 SHARED PARENTAL LEAVEThe Countdown has begun to the introduction of Shared Parental Leave

12 ’FIT FOR WORK’ SERVICEThe Government has introduced its new ‘Fit for Work’ Service, offering employers and employees access to advice about work-related health matters.

14 WOMEN SAY CAREER HINDERED BY GENDERAs International Women’s Day approaches, we explore the findings of a survey that found almost half of working women still face gender inequality in the workplace.

14 GENDER PAY GAP INITIATIVES ANNOUNCEDThe Government has announced that it is investing £2million on initiatives to reduce the gender pay gap.

16 JUSTINE WATKINSONSarah Lowe speaks to solicitor Justine Watkinson about the challenges that face working women today.

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contentsEMPLOYMENTMATTERS

16Interview:Justine

Watkinson

06It’s All Changefor 2015!

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Welcome to the latest edition of Employment Matters Magazine (EMM) - a dedicated employment magazine written for employers and business owners.

International Women’s Day

In this edition of EMM, we’re showing our support for the annual International Women’s Day (IWD), which is being held on Sunday 8th March. IWD is a time to celebrate the achievements of women around the world and on Pg. 16 we speak to Solcitor Justine Watkinson, who heads up Hillyer McKeown’s employment team, about the challenges that she believes are still faced by working women today.

Shared Parental Leave

Also in this issue, we look at the imminent Shared Parental Leave laws, which will become available to the parents of children adopted or born after 5th April 2015. Find out all you need to know about the new rules on Pg.8.

’Fit For Work’ Service

A ‘Fit for Work’ Service has been introduced by the Government, offering employers and employees across the country access to advice about work-related health matters. On Pg.12, we outline all you need to know about the new service.

EMPLOYMENTMATTERS

Welcome

byRICHARD BURNETT Editor

EDITORIAL & FEATURES Employment-lawuk.co.ukT: 0845 366 4416E: enquiries@law.uk.com

Aventi Employment SolutionsMurlain HouseUnion Street ChesterCheshireCH1 1QP

EDITOR’S LETTER

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Worker sacked after ‘racist remarks’

Obese worker awarded disability claim

EMPLOYMENT NEWS

An obese employee has won a disability harassment claim after being taunted about his weight by a work colleague.

It’s the first case of its kind in the UK since the Court of Justice of the European Union (CJEU) ruled last year that obesity could be considered as a disability in certain circumstances. The case involved a man called Mr Bickerstaff who worked for a company in Antrim. Mr Bickerstaff claimed he was harassed by a colleague who told him that he was “so fat he could hardly walk” and that “so fat that he could hardly feel a knife being stuck into him”. He brought a claim of harassment on the grounds of his disability. During the hearing, the Employ-

ment Tribunal heard evidence that Mr Bickerstaff had an excessive body mass index of 48.5 and suffered from sleep apnoea and gout. It held that he had been “harassed for a reason which related to his disability, namely his morbid obesity condition”.

In reaching its decision, the tribunal took into account the CJEU ruling in the case of a Danish child minder Karsten Kaltoft, who was dismissed for being so overweight that he needed help to tie a child’s shoe-laces. The court ruled that obesity can constitute a disability in certain circumstances if it impairs a person’s ability to work. The ruling stated: “The concept of ‘disability’ within the meaning of the directive must be understood as referring to a limitation which

results in particular long-term physical, mental or psychological impairments which may hinder the full and effective participa-tion of the person concerned in professional life on an equal basis with other workers.

“While no general principle of EU law prohibits, in itself, discrimina-tion on grounds of obesity, that condition falls within the concept of ‘disability’ where, under particular conditions, it hinders the full and effective participa-tion of the person concerned in professional life on an equal basis with other workers.”

Justine Watkinson, Hillyer McKeown Employment Solicitor advises employers to “review their employment policies as this case could pave the way for more disability discrimination claims.”

A surgeon who was sacked after allegedly making racist remarks has failed to get an injunction prevent-ing his employer from going ahead with the dismissal.

The case involed a consultantgeneral surgeon who attended a meeting with a number of other doctors. Ater some of them left, he allegedly made remarks about them that the NHS Trust employer considered to be unacceptable. The Trust said the remarks were discriminatory on grounds of race, nationality and ethnicity and were contrary to its HR policies on equal-

dismissal, but that would be a matter for the disciplinary hearing, not the court. There was no arguable case that a court would grant an injunction ordering the Trust to continue employing the surgeon if he were to win his appeal. There was therefore no justification for granting an interim injunction preventing dismissal before the hearing took place.

If the appeal hearing were to decide that the dismissal was unfair, the surgeon could be adequately compensated by being awarded damages.

ity and the surgeon was dismissed for gross misconduct. He appealed on the grounds that the remarks were not discriminatory and were not serious enough to justify dismissal for gross miscon-duct. He also applied to the court for an interim injunction preventing the Trust from going ahead with the dismissal before the disciplinary appeal could be heard. The judge said it was difficult to understand how the Trust consid-ered the surgeon’s remarks to be discriminatory and enough to justify

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It’s All Change For 2015! Social media policies continue to be a key focus for employers in 2015, as Hillyer McKeown announces ‘Employment Essentials’ event in April to tackle this and several other big changes coming into force later this year.

EMPLOYMENT LAW NEWS

Late last year, Hillyer McKeown launched a campaign highlighting the increasing need for North Wales businesses (and busi-nesses nationwide) to adopt a coherent social media policy.

As part of the campaign, a survey was commissioned and conducted at one of the biggest events in North Wales - Flintshire Business Week – in October. We set out to discover just how many North Wales businesses currently have a social media policy in place and the results, published in the last issue of Employment Matters, revealed that just 34% of North Wales businesses currently do.

With this in mind, Hillyer McKeown is set-ting out to educate businesses both across North Wales, and across the nation on the importance of implementing a social media policy in the workplace.

Social media has changed the way that we interact on a day-to-day basis; with just one tweet, we can speak to thousands of people at any one time. However, should something go wrong, this will also be in front of the eyes of those same thousands of people. If the error relates to a business, this could potentially cause some very serious damage indeed.

In 2015, social media needs to be front-of- mind for businesses, both in North Wales and beyond. This is why on Wednesday 29th April, Hillyer McKeown’s experienced employment solicitors Justine Watkinson and David Jones will be joining forces with North-Wales-based firm Outwrite Public

Relations for a special event at the Dee-side Enterprise Centre as part of the wider ‘Employment Essentials’ event series. Outwrite was established as a public rela-tions agency in 1994 and the firm has a wealth of experience in public relations, including social media. At this event, Out-write’s Head of Digital, Anthony Bullick, will be discussing the benefits and pitfalls of social media for businesses and giving de-tails on how social media as a whole can impact on a business’ reputation within brand-related searches in Google. Following this, David and Justine will cover the legal side of the fast-paced and ever-changing social media arena. Employers and tribunals are needing to keep up with the many technological challenges faced

by all businesses in this area, so Justine and David will be briefing up on all that you need to know. Heading up Hillyer McKeown’s Employment team, Justine has been at the firm for over 15 years and has extensive experience on a wide range of employment issues, both contentious and uncontentious, from contract disputes to discrimination claims. She is a sessional lecturer in employment law at Manchester Metropolitan University and the senior employment law advisor for the CHERAL project at the University of Law Chester. In recent years, she has also been responsible for the creation and de-velopment of Hillyer McKeown’s fixed price employment law service Aventi, which provides cost effective HR and employment support to SME businesses.

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David joined Hillyer McKeown in Septem-ber last year, bringing with him extensive experience in all matters of Employment Law and Human Resources. David acts predominantly for employers across a range of sectors and industries including care, construction, leisure and manufactur-ing. He is a proficient Employment Tribunal advocate and has appeared in Tribunals across the United Kingdom and the Chan-nel Islands. David regularly undertakes generic HR advice work in addition to advising clients on complex matters of Employment Law including discrimination and TUPE. The event will also be covering key chang-es coming into play this year, specifically:

• The upcoming Fit for Work Scheme (discussed in more detail on Pg.14)

• What to expect in employment law from the different political parties

• An update on commission and over-time cases

2015 has already seen a number of changes in employment law. January saw new laws coming into effect regarding new ‘claw back’ provisions and on 5th January a ban was introduced on overseas-only recruitment employment agencies. Also in January, we saw the start of the Committee stage of the Small Business Enterprise and Employment Bill 2014 -2015, which will ultimately enable smaller businesses to compete with larger ones by reducing current barriers. on 8th Janu-ary, the Deduction from Wages (Limitation) Regulations 2014 (SI 2014/3322) came into force. Speaking about the upcoming event. Justine said: “ This event comes at a time when there are many changes being introduced in employment law. Indeed, 2015 has already seen several new rules coming in. “One of the most noteworthy changes is the introduction of Shared Parental Leave,

which will become available to the parents of children adopted or born after 5th April 2015 (discussed in more detail on Pg. 10). “What remains constant is the importance of businesses introducing a social media policy in the workplace, and this will be the focus of the event. “We are delighted to be joined by Anthony Bullick from Outwrite PR in the delivery of this event. Anthony has vast knowledge and experience of the social media arena and will be speaking to us about the many benefits and pitfalls that social media presents.” This event is free to attend and will book up fast. To book your free place now, please visit www.employment-essentials-social-media-policy.eventbrite.co.uk

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LATEST NEWS

A survey conducted on behalf of the Department for Business, Innovation and Skills has found that

over half of the UK believes childcare should be shared equally between both parents. With the imminent Shared Parental Leave (SPL) regulations only a matter of weeks away, parents with babies due on or after 5th April 2015 will need to begin crucial conversations with their employers if they are to share up to 50 weeks of parental leave. It is expected that around 285,000 working couples every year will be eligible for SPL and parents are required to give 8 weeks’ notice to their employers of the pattern of leave they wish to take. The new system has been championed by Deputy Prime Minister Nick Clegg, who

said: “For decades our parental leave system has been based on this out-dated assumption that it’s always the father who goes out to work while the mother stays home, looking after the children. But the reality is that there’s no one size fits all, and we’re dragging the rules and regulations into the 21st century to reflect that. “[The current laws] are just not an accurate representation of how most people feel or live their lives now. In the last 50 years or so, we’ve experienced a social revolution in this country. But not every rule, regulation and cultural attitude has kept up with that change.”

Although a spokesperson for the Institute of Directors spoke of their concerns that smaller firms may struggle to adapt to this new scheme, Mr Clegg disagrees,

saying the introduction of this law services as an important step forward for society. “As global competition increases, no successful business leader would think twice about investing in the latest technology to help their business get ahead,” he said. “In exactly the same way, an upgrade in old-fashioned attitudes to flexible working can sharpen competitiveness even more.” Rugby Union full-back Ben Foden, husband to popstar Una Healy of band The Saturdays and father of two, including a brand new baby boy, is showing his support for the new laws. He is fronting a new campaign to encourage more fathers to take advantage of the scheme and will be making full use of it himself. “Me and Una have this condensed period

by RACHEL HUGHESEmployment Solicitor

The Countdown to Shared Parental Leave1 in 2 people feel childcare should be shared equally, survey reveals

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to make the most of our career timings,” Foden said. “Neither of us wanted to choose between delaying career and having family or vice versa.

“Men should have the opportunity to decide what kind of parent they want to be. I personally wanted to bring to the table as much as possible as a man. Those early stages are so important for the father to play a part in the develop-ment of the person their baby becomes, and I think being entitled to the leave will help make men aware that they can do this, they can be hands-on right from the beginning.” Foden said that he’ll be taking time at home to ensure he is not just fulfilling his role as a father, but as a partner too. “I know it’s not just Una that should make sacrifices. I have a responsibility to my wife and being able to take time off work gives me a better opportunity to fulfil that, to help her keep a hand-in to

her industry, to be an emotional support, to take on childcare as soon as she feels physically able to get to meetings, or simply when she gets bored and needs time away from the kids. Parenting can get lonely when the support network disperses, and that’s where fathers can really shine.” Jo Swinson, Minister for Employment Relations and Consumer Affairs and Minister for Women and Equalities, is also championing the scheme and hopes that the new legislation will a spur a change between working fathers and their employers.

“I want Shared Parental Leave to kick-start a change where fathers feel they can talk to their employers about taking time off to look after their kids,” she said.

“It will help create a cultural shift in the workplace, making it just as normal for

fathers to fulfil their childcare responsi-bilities as mothers.” Lindsey Kidd, Partner in Hillyer McKe-own’s Employment Team, said: “These new laws illustrate the changing attitudes of society and are a big step forward in terms of gender equality in the workplace. “The new system will allow parents to look after their newborn baby in the way that works best for them, whether that be the mother or father taking the time off work to care for the child. “With the imminent introduction of these new laws, employers need to ensure that their organisation’s Parental Leave policy is updated without delay. If you need assistance, our experienced employment team will be happy to help.” Visit www.employment-lawuk.co.uk for more information.

INTERVIEW

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‘Fit For Work’ Service IntroducedA ‘Fit for Work’ Service has been introduced by the Government, offering employers and employees across the country access to advice about work-related health matters. Here, we outline all you need to know about the new service.

The Fit for Work service (FFW) offers employers and employees access to web and telephone advice about work-related health matters and a free referral for an occupational health assessment for employees who have reached, or whose GP expects them to reach, four weeks of sickness absence.

Online & telephone advice

FFW can be contacted online through its website www.fitforwork.org or by telephone (0800 0326235), as many times as required. It can give employees, employers and GPs advice about work-related health matters (when an employee’s health condition is affecting them at work) or when an employee is off sick from work. The advice can help identify adjustments that could help an employee remain in, or return to, work.

Occupational Health Assessment

The process will normally begin with a referral by the GP. Once an employee has reached, or is expected to reach, four weeks

of sickness absence, their GP should ordinarily refer them for a free OH assessment. GPs will, however, be able to exercise their own judgment when making referrals. The guidance gives an example of a hip replacement, with a GP judging that a referral at four weeks would be too soon, but would be suitable after six weeks. The trigger point for referral is four weeks’ absence. This includes absence self-certified by the employee. A GP can make a referral before four weeks if they judge that the employee will be absent for four weeks and that a referral may be beneficial. The employee guidance suggests that it will be helpful if an employee advises their employer when they have been referred to FFW by their GP. There is no requirement for an employer to contact the employee’s GP before it refers an employee to FFW. If FFW receives duplicate referrals they will be combined. Whoever refers the employee, that individual must agree to participate in the process. Consent

is a key part of the whole regime – an employee is able to withdraw consent at any time. For that reason, employers may be well advised to make any occupation sick pay conditional upon co-operation with the FFW scheme.

There is no limit on the number of eligible employees that can be referred to FFW by an employer, but an employee can only be referred for one assessment in any 12-month period.

Assessment by FFW

Once an employee is referred, FFW anticipates contacting the employee to make an assessment by telephone within two working days. The occupational health professional who undertakes the assessment becomes the employee’s case manager for the whole FFW process.

The service is intended to be quick, efficient and non-bureaucratic. Short turnaround targets have been set and the whole process is conducted

‘FIT FOR WORK’ SERVICE

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remotely over the telephone. In rare cases, a face-to-face assessment may be required, in which case it will take place within five days of the referral and within 90 minutes’ travelling time by public transport of the employee’s home. If the employee is unable to travel, alternative arrangements will be considered (presumably a home visit, but the guidance does not state what these may be).

The assessment (described as a “biopsychosocial holistic assessment”) will involve the employee describing their condition, their job role and any factors which are affecting their return to work. The purpose of the assessment is to identify all possible obstacles preventing the employee’s return (“including health, work and personal factors”) and for the employee and their case manager to agree a Return to Work Plan to address each obstacle and enable a safe and sustained return to work. If the employee consents, their case manager may contact an appropriate individual at the employer, for example, a line manager or member of the employer’s own occupational health service, to assist in the creation of the employee’s Return to Work Plan.

Return to Work Plan

The outcome of an assessment will be reflected in a Return to Work Plan (Plan) that, with the employee’s consent, will

be provided to their GP and employer. A Plan will cover a specified period of time and will state whether an employee is fit for work or whether they may be fit for work, subject to their employer being able to follow certain recommendations. Where appropriate a Plan will include a timetable for progressing interventions and for returning to work. It may also include advice for the employee and their GP and may suggest further potential sources of assistance. While all parties are “encouraged to act on the recommendations”, complying with them will not be mandatory and there are no sanctions for employers if recommendations aren’t followed. However, if litigation subsequently arises, a failure to follow such recommendations could become evidence in a reasonable adjustments claim, or even an unfair dismissal claim. (For example, an employee dismissed for poor performance could argue that they would have performed better had the recommended adjustments been made.) It is hoped that the government’s tax exemption of up to £500 (per tax year, per employee) on medical treatments will encourage employers to support recommendations made by a Plan. In addition, where the employee meets the criteria for Access to Work their employer can apply for support, such as specialist aids and equipment or

support workers. Contacting Access to Work may be suggested as part of a Plan if it is considered appropriate.

The employee’s case manager will contact them at an arranged point to check if their Plan is on course and will contact the employee again shortly after the return to work date. Where an employee is not fit to return in the timescales estimated in their Plan, their case manager will consider whether a further assessment is necessary. Where recommendations in a Plan have not been actioned the case manager may contact the employer to ensure that any recommendations have been fully understood. This may include “taking a facilitation role between employer and employee”. The issuing of a Return to Work plan will replace the need for a fit note. Employers are advised not to request fit notes to certify sickness absences in these circumstances, in order to prevent unnecessary consultation with GPs. Where a patient does not consent to their Plan being shared with their employer or where the employer does not accept a Plan as evidence of incapacity it will be for GPs to exercise their professional judgment to decide whether a fit note is required. However, an employee will need a fit note to cover the period between a referral being made and a Plan being issued.

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FOCUS: IWD 2015

T his March sees the return of the annual International

Women’s Day; a time to celebrate the achievements of women around the world. Although in recent years there have been gradual steps taken in an effort to reduce the gender pay gap that still exists in the UK (see Pg. 16), in June of last year we reported on the results of a survey commissioned by career coaching firm Talking Talent, which revealed that 44% of women feel their gender has hindered or will hinder their career in the future. In addition, the report shows that 36% of women have experienced prejudice in the workplace. Over 1000 working women took part in the research, including many working mothers. Although 71% of mothers said their employer is supportive of them, 37% have experienced prejudice.

Eighty per cent of women overall said they do feel that their employer is supportive of their gender. However, some industries rank significantly worse in their satisfaction levels for women. Accountancy is shown to be the best sector for women to work in, with those working in the profession submitting the highest scores for more positive indicators than other industries. 94% of women say their employer is supportive of them and they are a lot more positive about the ability of their employer to retain female talent; a third described their employer as ‘excellent’

compared to a one in five average.

Those least satisfied with their job however are women working in advertising, marketing and media industries. 31% of workers in this profession said they had faced prejudice and discrimination and respondents rated their industry as the worst for progression of female talent.

In terms of the support received from employers, women working in the engineering and manufacturing industries rated their sector the least likely to offer support and were the least positive about their employer’s ability in retaining female talent (11%). Women in this sector said their gender is most likely to hinder their career progress, with the majority of respondents putting this down to a male-dominated environment.

Satisfaction levels were high in the education and law sectors, deemed the best for working mothers. Education was ranked most highly for recognising and accepting the need for a work/life balance, assessing the performance of workers rather than the hours worked, and its attitudes towards working mothers. Far fewer mothers working in this sector saw the lowest level of discrimination too, with 25% reporting prejudice compared with 34% overall.

Those working in law reported the highest levels of satisfaction for the support of working mothers – 29% described the support they received as ‘excellent’ compared to 14% overall. The sector also

scored highest in its implementation of career progression and the opportunities that it offered to working mothers.

On the other hand, women in advertising, marketing and media again rated their industry poorly on its attitudes to working mothers, flexible working and work/life balance. Women working in this sector were also more likely to say that being a working mother had somewhat hindered their career progress.

Since this study was conducted, new laws have been set with regards to parental law, meaning parents will now be able to share their parental responsibilities. Last year the Flexible Working regulations were also amended and all employees now have the right to request flexible working after 26 weeks service.

Justine Watkinson, Head of Employment Law at Hillyer McKeown, said: “It is important to recognise the contrasts between the industries included in this research and understand how employers can work more effectively to improve satisfaction levels amongst women.

“Whilst some industries, such as education and law are providing a healthy working environment for women with flexibility and support, others are sadly lagging behind. It is important to ensure that workers feel comfortable speaking out about the problems they are facing and to discuss how these can be resolved; else employers will risk losing some of their most talented workers.”

by RACHEL HUGHESEmployment Solicitor

44% of women say gender hinders their careerAs International Women’s Day approaches, we explore the findings of a survey that found almost half of working women still face gender inequality in the workplace.

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Gender Pay Gap Initiatives Announced

T he Government has announced initiatives to reduce the gender pay gap.

A £2million fund is to be spent on initiatives aimed at reducing the gender pay gap, the Government announced last November.

The funding will go towards training, events and monitoring programmes for women to help them move from low paid, low skilled work to jobs that are high paid and high skilled.

The measures will also help female employees to hold their companies to account over equal pay.

The overall pay gap is 19.7% which is lower than the 25% figure ten years ago. However, although the gap has narrowed, it is still significant, especially for older and part time workers.

One of the reasons for the gap is that there are more women in low paid jobs. The training on offer is aimed at helping them move into higher paid professions.

It is to be carried out by the UK Commission for Employment and Skills and will target women working in the

science, technology, engineering and maths (STEM), retail and hospitality management, and agricultural sectors.

However, equal pay for men and women carrying out the same work is still an ongoing issue for employers. Earlier this year, Shadow Minister for Women and Equality, Gloria de Piero, said: “equal pay should be a priority for all employers […] Whether you’re a chief executive or hairdresser, women across the capital are being paid less than men for doing the same or equivalent work.”

In a separate survey conducted by career coaching firm Talking Talent, it was suggested that 44% of women believe that their gender has hindered their career or will hold them back to some extent in the future.

As part of this new initiative the government will:• Publish guidance to help women

compare their pay to their male counterparts

• Invest £50,000 in further advice to enable female employees to hold their companies to account if they think they are not being paid correctly

• Launch free pay analysis software to be made available to all companies

to calculate at their gender pay gap• Implement further measures to

strengthen the existing Think, Act, Report initiative.

Minister for Women and Equalities Nicky Morgan said: “The measures we’re announcing today will help to tackle the pay gap head-on. We will support women to move out of low paid, low skilled work, into high paid, high skilled work, through providing better training and mentoring. We will also give both women and employers the tools to assess and address unfair pay.”

The measures will make it easier for female employees to identify pay gaps within their company and also bring the issue to the attention of their bosses.

Justine Watkinson, Head of the Employment Law team at Hillyer McKeown said: “These initiatives are a positive step forward by the Government who have invested a significant amount of money into these schemes. “It is also very positive news for employers who could benefit from some talented female workers joining their workforce.” For more information about the schemes, please visit www.employment-lawuk.co.uk

by SARAH LOWEFeatures Editor

FOCUS: IWD 2015

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INTERVIEW

About JustineJustine has been with Hillyer McKeown for nearly 14 years and has extensive experience in all areas of employment law, including executive appointments and terminations, employment contracts and all aspects of redundancy.

Justine has been instrumental in the creation and development of Hillyer McKeown’s HR and employment service Aventi, which supports a diverse array of businesses of all sizes across all sectors with their HR and employment related matters.

Justine studied at Leeds University where she obtained her LLB Hons and then attended Chester College of Law. She trained with Elliott and Company in Manchester then joined Hill Dickinson Solicitors in Liverpool. Justine came to Hillyer McKeown in 1999 as an Assistant Solicitor. She was promoted to Head of the Employment Department in 2005 and has been

A I’ve always ridden since I was a little girl - it’s a real passion of mine. When I decided on a career in law I saw there was a bit of an overlap – with my background I was being asked questions on the industry by my peers. I was still teaching people to ride and was also riding myself when I first started working in law. It just seemed like a natural progression to try and bring both together, especially with the big growth we’re seeing in the equine industry at the moment – there seems to be so much going on! Bringing both aspects together and providing the service just seemed like a natural step. Whilst training I spent time in other areas of commercial law, including commercial property and commercial litigation but when I joined the corporate and commercial team I came across issues that had an equine focus so this was an area that I was able to advise on, and it’s just grown from there.

A There are many sides to it. I have advised on veterinary negligence claims, for example where a horse has been vetted and then problems arise. In these situations I’m able to advise specialist negligence lawyers as I am familiar with the industry and the terminology used. If someone has a potential veternity claim for example, they can come to me and expalin how they’ve had their horse five-stage vetted but now it has a problem with its tendon. Obviously I am familar with what five-stage vetting is and everything that this involves, whereas a negligence lawyer might not. They would have to go away and look it up, which all results in extra time and money for the claimant.

Another aspect of equine law which I deal with a lot are employment claims. For example, I have advised big racing yards in the past who have needed help with an employment matter. Racing yards and eventing yards find that they often have lots of employment matters to deal with as they employ lots of staff.

Other areas include property matters, livery contracts and grazing licenses. It goes all the way to the commercial aspect and these are the aspects of equine law that I deal with most of the time. Day-to-day, my work mostly includes the sale and purchase of high-value horses, shareholders agreements for syndicates and syndicate agreements, which is when high-value horses are shared between two separate owners. These are all things that are becoming more and more common because the industry is growing so much that there is a lot more money and a lot more value involved in it now.

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Interviewwith

Justine WatkinsonTo celebrate International Women’s Day (IWD), Sarah Lowe speaks to solicitor Justine Watkinson, Head of Hillyer McKeown’s Employment Team about the challenges that working women face today.

Q Justine, why do you think International Women’s Day is so important?

A I think International Women’s Day is a really important occasion for people across the world, indeed it is even a national holiday in some countries, including China, Russia, Vietnam and Bulgaria. The day presents an opportunity to honour the achievements of women past, present and future and looks at how far we have come in the fight for equality. However, it also serves as a stark reminder of the inequities that remain. Indeed, a survey conducted last summer by career coaching firm Talking Talent revealed a massive 44% of women feel that their career has been hindered or will be hindered by their gender and a staggering 36% of women have experienced prejudice in the workplace. International Women’s Day is a time for leaders across the world to gather in a unified attempt to implement change.

Q You juggle a demanding job and busy family life – how do you find the time to fit it all in?!

A It is very challenging and I find it very difficult to juggle it all, as lots of working mums do. However, I have a hugely supportive husband and fantastic grandparents who support me. This allows me to work the hours I do. I have been working at Hillyer McKeown for over 15 years now find employment law incredibly interesting and ever-changing.

Q How do you think the legal industry has changed over recent years – what has been your biggest challenge?

A I think that the legal industry has been slow to respond to changes facing all businesses in the current climate because the profession as a whole tends to think very inside the box and is not entrepreneurial. The main thing we’ve got to do is concentrate on delivering good quality services at fixed fee prices so people know how much they’re paying from the outset. We need to move away from the old traditional model of charging for hours spent on a case.

I’m continually looking to develop income streams and growing the business in challenging economic times. The legal profession is changing because of the internet and being able to embrace this is a big challenge as it is a very new way of driving in business and not traditionally something that we’ve looked at. Recent legislation changes have allowed non-lawyers to own part of a solicitors practice, we are seeing the likes of BT and the Co-op entering the profession and I have to say that this not something I expected to see in my lifetime. It remains to be seen how successful this will be, no doubt time will tell.

Q Describe an ideal day off for you.

A I’d go for a run in the morning and then go and do a bit of shopping the afternoon - TK Maxx is my favourite. I’d then go out for a nice meal with the children and my husband in the evening.