An opinion was given in a case before the European Court of Justice (ECJ) which will interest a number of our clients who have workers who travel regularly as part of their role. The Working Time Directive (the Directive), defines "working time" as any period during which the worker is working, is at the employer's disposal and is carrying out his activity or duties. The Directive defines "rest period" as meaning any period which is not working time. The Directive is implemented in UK law
The loss of a loved one can leave families facing a period of financial hardship but there can be financial support following bereavement .
The State offers death benefits which could make things easier. There are currently three potential benefits available - Bereavement Payment, Bereavement Allowance & Widowed Parents Allowance.
Bereavement Payment:
If your spouse or civil partner has died you may be able to eligible for a Bereavement Payment. This is a one-off, tax-free, lump-sum payment of £2,000.
This is available to those
A question which I am often asked is, "how do we deal with an employee who has raised a counter grievance during disciplinary proceedings?" This is a common occurrence and an issue which many employers are faced with.
Having received notification that they are subject to disciplinary proceedings, many employees react to this news by raising a counter grievance. This grievance could relate to a number of things including the disciplinary process itself or to a completely separate matter. However, unlike grievances which are raised
I recently began my traineeship with TC Young. I have joined the busy court department and I am enjoying working as a trainee solicitor. Although I have only been at TC Young for a short time, I feel that I have learnt a lot already.
TC Young offers a unique experience compared to other firms of its size, they do not move their trainees around departments in 6 month slots and my entire traineeship will be spent within the court department. This will allow me
Her step-daughter Kim Kardashian had hoped to be the one to break the internet but Caitlyn Jenner's well-publicised photo shoot with Vanity Fair magazine, her first magazine shoot as a woman, allowed her to trump her famous offspring for that title. Are there implications of employment issues with gender reassignment?
The great news following this article, was the outpouring of public support for Jenner and her family. We look at the employment law implications for employers of individuals going through gender reassignment, as well as
Solar panels are becoming a more familiar sight across Scotland. Current planning permission regulations exist to make installing solar panels and renewable technologies simple. For most domestic properties formal planning permission is not required if certain criteria are met, namely:
The Hague Convention on the civil aspects of International Parental Child Abduction 1980 regulates the international relocation of children. However, when parents are planning on moving abroad with children they often overlook the Hague Convention or think that it will not apply to them. Do you need the consent of the other parent? What happens if you have moved abroad and then want to return to Scotland but the other parent doesn't?
Summer is almost upon us and, for residents of Edinburgh, there are few better ways to spend a sunny evening than to gather over a barbeque in The Meadows or to hack a small ball around the Bruntsfield Links. To lose the opportunity to enjoy these simple pleasures would be unthinkable, so the knowledge that these are two of a number of areas throughout Scotland that benefit from protection as "common good land" is comforting. So what exactly is common good land in Scotland?
It
At the end of May 2015, sections of the Small Business, Enterprise and Employment Act 2015 came into force, including the provision which makes the use of exclusivity clauses in zero hour contracts unenforceable.
A key part of the Conservative's election campaign was a promise to ban clauses in zero hours contracts requiring exclusivity from the worker and they have been quick off the mark in bringing this piece of legislation into force.
A zero hour contract is traditionally used for casual working, it does
A number of our clients either have employees that work alone or are lone workers themselves. Therefore the question of safety regarding lone workers comes up a lot. This blog outlines the main safety tips for lone workers for employers and workers to think about.
Working alone is not in itself against the law and will often be safe to do so. It is important that employers understand what they need to do to comply with their legal duties towards lone workers under the Health
The Construction Design and Management (CDM) Regulations 2015 came into force on 6 April and replace the 2007 Regulations. They govern health and safety in construction projects. Some of the main changes affecting 'clients' who are commissioning construction work are:
The client must make suitable arrangements for managing a project which ensure that construction work will be carried out without risk to the health or safety of any person affected by the project. The management arrangements must include how clients will ensure that
The number of zero hours contracts has increased rapidly in the past few years. Although these types of contracts can bring benefits both to employers and workers, a recent employment tribunal case involved a zero hours contract worker and her fear of reporting allegations of sexual harassment, in case her hours of work were limited. So just what are a zero hours workers legal rights?
The claimant in S v. Britannia Hotels Ltd and another worked in a hotel bar on a zero hours contract.
In October 2014, the Scottish Government published their first consultation on the introduction of new tenancies for the private rented sector. Receiving over 2,500 responses from parties including tenants, landlords, letting-agents and other organisations, the Scottish Government have now issued a second consultation paper on private rented sector tenancies.
The new consultation paper amends, and in some cases, builds upon the initial proposals outlined in the previous consultation by drawing on responses received.
Unchanged Proposals:
Any Scottish Government Bill going
According to a recent study, 50% of married men find their mother-in-law attractive. As unlikely as that seems, it perhaps comes as no surprise that a significant number of marriage breakdowns occur when one spouse engages in an extra marital relationship with another man or woman. We are often told - my spouse has cheated on me! Our clients then want to know what they can do.
The questions we are often asked by clients reflect their hurt and anger at this emotionally difficult time.
The Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013 replaced the Distance Selling Regulations & Door Step Selling Regulations. They make it an obligation for 'traders' to give 'consumers' certain information. Do your management agreements meet consumer contracts regulations?
From 13 June 2014, all distance, off-premises and on-premises contracts made will be subject to the 2013 Regulations. Contracts which pre-exist 13 June 2014, are governed by Consumer Protection (Distance Selling) Regulations 2000 and the Cancellation of Contracts made in a Consumer's Home or Place
As we have discussed in recent blogs, 1st April marks the first day of the new Land and Buildings Transaction Tax (LBTT) coming in to force in Scotland. LBTT replaces Stamp Duty Land Tax (SDLT) on the purchase of property in Scotland.
SDLT remains in force for the rest of the UK.
The threshold for paying LBTT on residential property purchases has been set at £145,000 meaning no LBTT would be due on any purchase under this value. The threshold for SDLT is £125,000.
In the case of Tenzin v Russell & Clark the landlords appealed to the Sheriff Principal against a decision to hold them liable to pay their tenant three times the deposit taken, having failed to lodge the deposit in a 'tenancy deposit' scheme. At the Appeal, Sheriff Principal Stephen upheld the previous decision and deemed the penalty reasonable to promote compliance with the Tenancy Deposit Scheme (Scotland) Regulations 2011.
Following Sheriff Principal Stephen's decision, Russell and Clark appealed further to the Inner House of the Court
This blog will briefly look at the obligation on employers in making reasonable workplace adjustments for any employees with a disability.
The definition of disability is found in Section 6 of the Equality Act 2010 and states that a person has a disability if:
The duty to make reasonable adjustments applies in recruitment and during all stages
Issued under sections 13(4A) and 19B(4) of the Housing (Scotland) Act 2006, the Scottish Government has recently published guidance on mandatory electrical check requirements which shall come into force from 1st December 2015.
The new requirements will apply to all Scottish privately rented properties covered by the Repairing Standard and will require landlords to have fixed wiring Electrical Installation Condition Report checks carried out at their properties at least every five years. Though the regulations will apply to all private tenancies, the fixed wiring
You might have heard somebody mention mediation before but what is mediation? Mediation is a form of alternative dispute resolution that involves two (or more) parties and a mediator. Mediation provides parties with the opportunity to have an open and honest discussion about a range of family law issues in a neutral environment. Everything that is said during mediation is confidential and the parties have control over any decisions that are made during mediation.
What sort of issues can be dealt with at mediation?
A
