The Freedom of Information ("FOI") (Scotland) Act 2002 came into force on 1 January 2005 and creates an entitlement to receive information held by a public authority upon request. The Act applies to public bodies including the Scottish Government and local authorities. However, the provisions of the Freedom of Information Act have never been extended to housing associations.

The Scottish Information Commissioner has recently called for the Act to be extended to cover those bodies which are responsible for social housing. In the Commissioner's Report,

As we have discussed in recent blogs, Stamp Duty Land Tax (SDLT) on the purchase of property is to be replaced in Scotland by the new Land and Buildings Transaction Tax (LBTT). The change is due to come into force on 1st April 2015. So what will this land and buildings transaction tax update mean for purchasers?

The Scottish Finance Secretary John Swinney announced amended the proposed rates at which LBTT will be charged from those originally proposed in October 2014.

The threshold for paying

The Department for Work and Pensions has finally publishing guidance for employers about the long awaited Fit for Work service. Here we look at what the service provides and what it will mean for employers and employees.

Presently, more than 130 million days annually are lost to sickness absence at a cost to the economy of around £15 billion. Employers face an annual bill of around £9 billion for loss of production and sick pay costs, and individuals face a loss of earnings of £4

Last year, we explained how a decision from Glasgow Sheriff Court raised concerns that many Scottish Powers of Attorney could, in fact, be invalid. In that case, Sheriff Baird at Glasgow decided that a Power of Attorney granted in favour of a bank was not valid as the wording used in the document did not comply with the requirements of the Adults with Incapacity (Scotland) Act 2000.

The potential effect of this was wide reaching as the wording used in the Power of Attorney in

As January is the time for making resolutions and setting goals in our personal lives, it might be an idea to do the same in our professional lives. So many things go to the bottom of a to-do list and can be forgotten easily. So what are your employment and HR New Year resolutions?

We have suggested a few targets which you might wish to set yourself over the coming 12 months:

1. Put in place an effective appraisal system

This is something which can bring

As we approach the end of what has been a very busy year for employment law, it is time to start thinking about what changes are coming in employment law in 2015.

1. As mentioned in our previous blog parents of children born on or after the 5 April 2015 will be able to share their parental leave depending on their own individual requirements. This change will have a potentially huge impact for employers who will have to manage employees? requests and respond to them appropriately.

More than three decades after the Land Registration (Scotland) Act 1979 entered into force in 1981, the law governing the registration of title to property in Scotland is being modernised. So how will changes to land registration in Scotland affect you?

As of Monday 8^th December 2014 the relevant law will be the Land Registration etc (Scotland) Act 2012, which aims to:

• update the law surrounding the registration of rights to land in the Land Register
• introduce electronic documents into the conveyancing process

As we discussed in a recent blog, Stamp Duty Land Tax (SDLT) on the purchase of property is to be replaced in Scotland by the new Land and Buildings Transaction Tax (LBTT). The change is due to come into force on 1^st April 2015.

Yesterday, however, the Chancellor announced immediate changes to the current UK SDLT regime which will affect Scotland from now until the introduction of LBTT in April. Both new regimes will use a graduated system similar to the current UK

The list has been made, the shopping has begun and Band Aid has become a familiar song in our lives once more. It can only mean one thing: Christmas is coming! However, all too often the festive season can put many employees and some employers, on Santa's naughty list as a result of their behaviour at office Christmas parties or failure to address Christmas party problems.

Here are some handy hints to think about before heading off to the office party and to let you

New rights for employees who are parents to take shared parental leave (SPL) in the first year of their child's life come in to force on 1 December 2014. The scheme will apply in relation to children whose expected week of childbirth begins on or after the 5 April 2015 or who are placed for adoption on or after 5 April 2015. This blog sets out some information for employers to think about and what steps they should take next.

For births, a mother who

Cohabiting couples who buy a property together need to consider whether having the title in joint names adequately reflects the financial contributions each is making. Should you enter into a minute of agreement when buying a property jointly?

It is often the case that one party commits to paying a greater share of the required deposit than the other, even where subsequent mortgage payments are divided equally between the purchasers. Sometimes a parent or other relative provide a gift or loan to one individual to

Do you have an employers winter checklist? With the clocks turning back a few weeks ago and the mornings and evenings getting darker, it seems an appropriate time to start thinking about an employer's obligations towards employees during winter.

Many people will remember the extreme weather conditions that the country suffered in the past and it is important that during any period of adverse weather an employer has thought ahead and has an understanding of what is needed in order for the business to continue

Are you considering selling your property but perhaps don't know where to start or what paperwork may be required? Selling your property can be a stressful time. However, this process can be made less stressful if you know the issues which commonly arise during this process. So what are the common things to be aware of?

Do you know where the title deeds to the property are?

This is especially relevant if you have been in your property for a long time and are unsure

The Procurement Reform (Scotland) Act received Royal Assent on 17 June 2014. It sits alongside existing public contracts regulations, and will increase regulation for public bodies seeking to award contracts for works, services and supplies. The Act applies where contracts have a value of £50,000 or more, except works contracts where the threshold is £2m.

Most public bodies have, for many years, sought to include community benefits provisions in their procurement processes, as a way of using their purchasing power to benefit their local area,

Overtime and holiday pay - do you currently consider overtime when processing holiday pay? Earlier this week the Employment Appeal Tribunal handed down the decision in the case of Bear Scotland Ltd v Fulton and found that employees' holiday pay may now need to be calculated to include any overtime.

Before this ruling, voluntary overtime was not typically included when calculating a workers' rate of holiday pay. This judgement has clarified that workers should have voluntary and compulsory overtime taken into account when they are

Arranging contact post-separation is important for children, to ensure they have an opportunity to see both parents. It can be difficult for parents to set aside their own feelings and make contact arrangements in the best interests of their children. Unfortunately, many parents are unable, or unwilling, to have direct contact with their former partner. These parents often consult lawyers for help. Family lawyers often use the excellent service provided by contact centres to resolve such difficulties.

What is a contact centre?

Contact centres are

Do you know what a private landlords duties under the Immigration Act 2014 are?

The Immigration Act 2014 makes it more difficult for illegal migrants to live in the UK and addresses the small minority of private landlords who knowingly target and exploit illegal migrants.

The Act means private landlords have duties under the immigration act to confirm prospective tenants have a right to reside in the UK. Many letting agents and private landlords currently carry out ID checks on prospective tenants and retain copies

Picture the scene
You notice that your tenant is behind in their rental payments. You go to the property to speak with them however the tenant has disappeared. You have a look through the letterbox, only to see a pile of unopened mail and a house that appears to have been abandoned. You reach the conclusion that all signs point to the tenant having vanished, sadly without thinking to tell you first. So what happens when a tenant disappears?

You change the locks, dispose of

Managing sickness absence during pregnancy - the recent news stories about the Duchess of Cambridge suffering from severe morning sickness in her second pregnancy have brought to mind the issue for employers and employees of sickness during pregnancy. Although Catherine is unlikely to face any disciplinary issues or be required to attend a back-to-work interview when she is feeling better, many employees are met with such things in the course of their pregnancy. In this blog I will look at some things for employers and

The Right to Buy (RTB) process is littered with various time limits which are all too familiar to landlords. However, it seems to be that some landlords are willing to run the risk of losing stock through the Right to Buy when they don't necessarily have to. So can housing associations refuse a Right to Buy application?

There are noted cases where tenants who, had the landlords acted timeously, would not have been entitled to buy their rented property.

When an application is received under