RGU: Staff: Law - Sam Middlemiss

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Dr Sam Middlemiss

PhD (The Robert Gordon University), BA (Hons) Business Law (Heriot Watt), Dip Personnel Management (Napier), MPhil by research (Edinburgh). Member of the Institute for Personnel Development.
Arbitrator for Unfair Dismissal Cases (appointed by ACAS).
Member of the Higher Education Academy.
Member and university representative for the Society of Legal Scholars.
Member of the Committee for Heads of University Law Schools.
Member of the Scottish Committee of Heads of University Law Schools.

Tel: +44 (0)1224 263408
Email: s.middlemiss@rgu.ac.uk
Personal website

Prior to joining RGU I was a full-time lecturer in law at Napier University for five years and previous to that I worked as a lecturer at various higher and further education establishments on a part-time basis. After graduating with my post graduate qualification I also undertook various roles within the human resources function, most notably training.

Teaching and other responsibilities

I have considerable teaching experience and during my employment at the university have taught extensively at both undergraduate and postgraduate level on a variety of full-time, part-time and virtual learning programmes.

I am Head of Teaching and Learning for Law and responsible for implementation of quality standards in the law department.

My expertise is in teaching Employment Law.

Research interests

As well as researching in the field of Employment law area I also research into aspects of Delict and Criminal Law.

I am pleased to supervise a PhD on a variety of topics including:
- Employment Law,
- Labour Law,
- Health and Safety
and aspects of Delict and Criminal Law.

Publications

Books

Written a key chapter of a textbook on Discrimination Law, Editor Malcolm Sargeant, Discrimination Law, Chapter 4, Sex and Race discrimination law, pp 73-97. Pearson Education, 2004.

Refereed Articles

Right to Dignity at Work? Recent Developments in Harassment Law in the United Kingdom Part 2 Irish Law Times, 2007 Vol. 7

Right to Dignity at Work? Recent Developments in Harassment Law in the United Kingdom Part 1 Irish Law Times, 2007 Vol. 6 pp 95 - 100

Legal regulation of harassment on the ground of age: lessons from America? International Journal of Discrimination and Law, 2007 Vol. 9, Part 1 pp 57-65

Beauty's Only Skin Deep? Legal Liability of Employers for Discrimination on the Ground of Physical Appearance? A Comparative Analysis Contemporary Issues in Law, 2006/2007 Volume 8, Issue 1, pp 18 - 46 published in special labour law issue.

"Cyberliability of Employers: Balancing Control of e-communication against Protection of Privacy Rights of Employees in the Workplace" Part 2
Irish Law Times November 2006 Vol. 24 No. 18 pp 279-282

"Cyberliability of Employers: Balancing Control of e-communication against Protection of Privacy Rights of Employees in the Workplace" Part 1, Irish Law Times October 2006 Vol. 24 No. 17 pp 262-265.

With Koyabashi, T. "The legal and human resource issues for employers providing references" Part 2, Irish Law Times Vol. 24 No. 11 2006 pp 172-176.

With Koyabashi, T. "The legal and human resource issues for employers providing references" Irish Law Times Part 1, Vol. 24, No 10 pp 156-160.

Middlemiss, S., "Liability of Employers under the Protection from Harassment Act" 2006 Edinburgh Law Review 307.

"The Demise of the Common Law in UK Employment Law? Part 2"
Irish Law Times Volume 22 Number (14) 2004, pp 214-219.

"The Demise of the Common Law in UK Employment Law? Part 1"
Irish Law Times Volume 22 Number (9) 2004 pp 138-143.

"The Truth and Nothing but the Truth? Legal Liability of Employers for Employee References" Industrial Law Journal Vol 31 No.1 March 2004, pp 59-67.

"Bullying in the Workplace, the Case for Legal Redress?" (1) with Hay O., Irish Law Times Volume (16) October 2003 pp 250 - 255.

"Bullying in the Workplace, the Case for Legal Redress?" (2) with Hay O., Irish Law Times Volume (17) November 2003 pp 266 - 271.

"Bullying in the Workplace, the Case for Legal Redress?" (3) with Hay O., Irish Law Times Volume (18) December 2003 pp 287 - 292.

"Fashion Victims, Dress to Conform to the Norm, or Else? Comparative Analysis of Legal Protection against Employers Appearance Codes in the United Kingdom and the United States", with Hay, O., International Journal of Discrimination and Law, 2003 Vol 6, pp 69-102.

"The Legal Liability of Employers for Trainees" Journal of Education and Law, Vol.15, No 2/3 2003, pp 115-133.

"Comparative Analysis on Vicarious Liability of Employers for Harassment Cases in United Kingdom and the United States" with Duffy A Common Law World Review, Vol 31 No 3, 2002, pp254-285.

"Liability of Employers for Work-Induced Stress-Related Illness", The Judicial Dichotomy? Institute of Occupational Safety and Health Journal, Vol 6, Issue 1 June 2002 pp 57 - 71.

"The Equality Deficit, Legal Protection for Homosexuals and Lesbians in Employment?" with Nicole Busby, Gender Work and Organisation, Vol. 8 No 4 Oct 2001 pp 387-410.

"Back to Square One, The Secretary of State for Defence v McDonald (2001) IRLR 431 and the legal protection against discrimination in employment based on sexual orientation" Scottish Law Practice Quarterly October 2001, 6 (3), pp 245-251.

"Shall I Compare Thee? The Legal Dilemma: The Choice of Comparators in Discrimination Cases" International Journal of Discrimination and the Law, 2000, Vol 4, pp 293-317.

"Legal Liability of Universities for Students" Journal of Education and Law, Vol 12, No 2, 2000, pp 69-91.

"Arbitration; A Suitable Mechanism for Unfair Dismissal Disputes?" with Busby, N Civil Justice Quarterly, Vol. 18, April 1999 pp 149-161.

"Comparators in Disability Discrimination Cases", Scottish Law & Practice Quarterly, April 1999, Vol. 4, No 2, pp 151-153.

"Legal Liability of Universities for Students under the Law of Contract", Juridical Review, Vol. 19, May 1999 p 170-183.

Casenote: Smith v Gardner Merchant (1998) IRLR 510, Juridical Review, Vol. 17, March 1999 pp 134-137.

"Employer's Liability for Non-Employees" Institute of Occupational Safety and Health Journal, (Refereed Practitioner Journal), June 1998 Vol. 2, Issue 1 pp 15-27.

"Civil Remedies for Victims of Sexual Harassment: Delictual Actions", Juridical Review, Part 4, July 1997 pp 241-249.

"Every Breath You Take, Every Move You Make... Scots Law, the Protection from Harassment Act 1997, the Problem of Stalking in Scotland", with Mays, R. and Watson, J. Juridical Review, Part 6, 1997 pp 331-354.

"Liability for CJD Deaths", with Crichton, D Mays, R Juridical Review, Part 2, 1998 pp 89 - 103.

"Sexual Harassment in Education" with Stewart, R., Journal of Education and Law, Volume 5, No. 4, 1993 pp 187-197.

Non-Refereed Articles

"Substantive Relief for Victims of Abuse? The Protection for Abuse (Scotland) Act 2001", Scots Law Times, 7.12.01, Issue 10, pp 324-327.

"Mutuality of Obligation, The Contractual Imperative in Employment Law?", Scottish Law Gazette, June 2000, Vol 68, No 3, pp 79-83.

"New Developments in Liability of Employers for Employee References", Green's Employment Law Bulletin, publication June 2000.

"Aiding a Discriminatory Act of the Employer, (AM v WC and SPF (1999) IRLR 410)" 2000 Scots Law Times, pp 1- 4.

"Protection Against Harassment: The Harsh Reality in Scotland", 1998 Green's Criminal Law Bulletin, Vol 36, December p 4-5. Reviewed in Scotsman Newspaper, 29th December, p 1.

"Tower Boot Revisited: The Impact Continues", 1998 Scottish Law Gazette, Vol 66, No 4 p 180-181.

"Statutory Control of Harassment, The Implications for Employment", 1997 Green's Employment Law Bulletin, Vol 19.

"The Common Law and Statutory Concepts of Vicarious Liability", 1997 Scots Law Times, pp 95-97 with Mays, R.

"The Legal Protection for Victims of Sexual Harassment: The Contractual Dimension", 1997 Scots Law Times, 37-40.

"Gender Neutral Conduct is Sex Discrimination", Green's Employment Law Bulletin, December 1996, with Mays, R.

"Arbitration: A Suitable Forum for Sexual Harassment Complaints?", Ed. Merchant, V., Proceedings of the First National Harassment Network Conference, May 1996, University of Central Lancashire.

"Criminal Liability for Sexual Harassment", 1996 Scottish Law Gazette, Vol. 64, No. 2.

"Pornography in the Workplace: A Licence to Offend?" Scots Law Times, 23.2.96, Issue 7, 1996.

Professional Articles

A licence to discard? Failed sexual relationships in the workplace and sex discrimination Greens Employment Law Bulletin May 2007 Issue 78.

The Royal Bank of Scotland v Mc Adie EAT/0268/06: Stress Related Illness and Incapacity Dismissal Greens Employment Law Bulletin February 2007, Issue 77 pp 4 - 6.

Liability of Employers under the Protection from Harassment Act Revisited Greens Employment Law Bulletin October 2006 Issue 74 pp 6-8.

Conference Papers

A paper (in an amended form) also called Beauty's Only Skin Deep? Legal Liability of Employers for Discrimination on the Ground of Physical Appearance? A Comparative Analysis is to be presented at the Society of Legal Scholars Conference, Sheffield, September 2004.

A paper with the title Beauty's Only Skin Deep? Legal Liability of Employers for Discrimination on the Ground of Physical Appearance? A Comparative Analysis presented at the Socio-Legal Studies Association Conference, Glasgow University, April 2004.

A paper on The Demise of the Common Law in UK Employment Law? presented at the Irish Association of Law Teachers Conference, Galway, April 2003 published in Irish Law Times.

Organised and chaired one day employment law conference in Aberdeen, September 2002 under the auspices of the Institute for Employment Law, presented a paper on dignity at work and the law.

Paper presented on Employer's Legal Liability for Employees' Stress Induced Illness Society of Legal Scholars Conference, De Montfort University, Leicester (2002) now published.

Organised and chaired a conference on employment law held under the auspices of the Institute for Employment Law (2000) Hilton Treetops Hotel, Aberdeen.

A paper on Legal Liability of Universities for Students presented to the Socio-Legal Studies Association Conference, Queen's University Belfast, (2000) now published.

Presented a paper on Legal Liability of Universities for Students Association of Law Teachers Conference, University of Cardiff (2000) now published

Co-presented a paper with Busby N on Stress and the Law, Psychology and Law Conference, Trinity College, Dublin (1999).

Presented a paper on Legal Aspects of Bullying in Education Association of Law Teachers Conference , Oxford (1999).

Presented a paper on Sexual Harassment Law since Porcelli joint conference of the Industrial Law Group of the Law Society of Scotland and the Equal Opportunities Commission. in Dundee (1997). Commemorating 20th anniversary of the Equal Opportunities Commission.

University of Central Lancashire, National Campaign against Harassment, (1996), Arbitration: A Suitable Forum for Sexual Harassment Complaints? (published in written summary of proceedings)

Joint organiser of the Scottish Law Teachers Conference held at the Robert Gordon University (1994).

Robert Gordon University, Scottish Law Teachers Conference (1994) Pornography in the Workplace, A Comparative Legal Approach.

Napier University, Scottish Law Teacher's Conference (1992)
Law and Sexual Harassment.

Research Funding

Obtained RDI funds from the University to pay for replacement teaching during a sabbatical taken from September to December 2003

Successfully obtained a contract from the Scottish Executive to undertake research into legal aspects of stalking and harassment in Scotland (£70,000). Research now published, Morris S. et al, Research Finding RF 67, Scottish Executive Legal aspects of stalking and harassment in Scotland

Submitted various bids to leading providers of research funding.