Can an employer reject the decision of an appeal panel? A decision of the Employment Appeal Tribunal (EAT) has confirmed that there will be circumstances where it is fair for an employer to reject the decision of an appeal panel and proceed to dismiss an employee. We take a look at the case and how this may affect employers in a similar situation.
In the case of Kisoka v Ranpinyotip T/A Rydevale Day Nursery, the claimant was suspected of starting a fire in her workplace.
The Housing Bill is proposing significant changes to the law relating to many aspects of social housing including Short Scottish Secure Tenancies.
One significant part of the Housing (Scotland) Bill deals with proposed changes to the regime of Short Scottish Secure Tenancies (SSSTs).
The Housing Bill proposes:
New grounds for
Tenancy Deposit Scheme - Scottish landlord loses appeal against a decision made at Edinburgh Sheriff Court to hold them liable to pay their tenant three times the deposit taken, after their tenant took them to court over having failed to lodge their deposit in a tenancy deposit scheme.
In the case of Tenzin v Russell & Clark, the landlords had failed to pay a deposit into a tenancy deposit scheme. There was no dispute that they had failed to meet their obligations under the Regulations.
What is a limited company? The limited company is the most common business vehicle in use in the UK. It must be incorporated (registered) at Companies House and, once incorporated, the limited company becomes a separate legal entity, distinct from its shareholders, directors and employees.
In considering whether this is the best business vehicle for you, you must first know the basics of a limited company.
On incorporation under the Companies Act 2006, a limited company is required to have a Memorandum defining the company's
Who legally owns the attic space in Scottish Tenements? The ownership and maintenance of the attic space and roof of a tenement block can cause significant confusion for flat owners. Despite statements to the contrary, the legal position relating to these parts of the tenement has not been altered significantly following the enactment of the Tenements (Scotland) Act 2004.
Ownership
The key starting point when seeking to determine ownership of the "common parts" of a tenement will be to consult the title deeds for all flats
The Consumer Credit Act 1974 (as amended by the Consumer Credit Act 2006) regulates consumer credit. This is an important area that Registered Social Landlords (RSLs) must be aware of when providing any form of credit to tenants.
What is any other form of financial accommodation
A consumer credit agreement is an agreement between an individual (the debtor) and any other person (the creditor) by which the creditor agrees to provide the debtor with credit. 'Credit' is defined in the Act as a cash loan,
As many people will be aware, the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) are in place to provide employees with protection when their employment is transferred to another employer. The coalition government recently carried out a consultation regarding alterations to TUPE and various proposals to change the regulations were recommended. On 31 January 2014 these changes will be introduced via the Collective Redundancies and Transfer of Undertaking Regulations 2014, although not all of the changes will take effect on that date. Outlined
We are pleased to be supporting broadcaster Sally Magnusson in the launch of her new book, "Where Memories Go: Why Dementia Changes Everything". The book discusses her mother's struggle with the illness and her family's experience and gives a very personal insight into the effects of dementia on Sally's family. Alzheimer Scotland have organised a panel of experts for an open debate and panel discussion, chaired by Sally, to further explore the areas and challenges raised in the book, supported by TC Young.
How would
Research by Glasgow and Edinburgh universities has suggested that many women separating from their husband are deciding against making a claim on their partner's pension. This may be because pension holders tend to be extremely reluctant to relinquish a substantial part of their retirement fund or simply due to the fact that it can be a complex area of law. But what rights do you have to pension sharing and how do you go about enforcing those rights?
Since 1 December 2000 separating spouses, and
In a major appeal decision Sheriff Principal Kerr, North Strathclyde, has confirmed that Wills may be made for vulnerable adults with incapacity using powers under Part 6 of the Adults with Incapacity (Scotland) Act 2000. Unlike the procedure for making "statutory Wills" in England, there is no explicit procedure for doing the same in Scotland. Are you thinking about making a Will for a vulnerable adult?
Following the passing of the 2000 Act, with a limited number of express exceptions, an intervention order could be
In Scotland, if a Registered Social Landlord (RSL) has problematic tenants who regularly behave in an anti-social manner, they can make an application to court for Anti-social Behaviour Orders (ASBO) to be granted against tenants for the protection of neighbouring residents.
An ASBO is an order granted by the court and will contain specific conditions to stop a person from behaving in a particular manner or from carrying out specific actions. For example an ASBO may prohibit a person playing loud music at certain times
The recently published Housing (Scotland) Bill is proposing significant changes to how social landlords can allocate housing.
Changes to the allocation rules are proposed to the following:
Reasonable preference
The Bill proposes a shorter applicant category list who must be given reasonable preference. Beyond these categories RSLs will have greater freedom to create groups they wish to house. Proposed categories are:
In April 2014 regulation of consumer credit will be transferred from the Office of Fair Trading (OFT) to the Financial Conduct Authority (FCA) to create a "tougher and more pro-active" regulatory regime. The FCA will be granted greater powers to investigate and scrutinise, and will have a wider range of sanctions and penalties to impose. It is important for Registered Social Landlords (RSLs) to be aware of the changes in consumer credit regulation for housing associations'.
What do you need to know?
Many housing
A Trust is an unincorporated entity set up to hold property to be used solely for charitable purposes. So what is a Scottish charitable trust?
The main characteristics of a Scottish charitable trust are as follows:
1. It is simple to set up.
2. The Trust Deed (which is the governing document of the Trust) will identify the individuals who are the trustees responsible for the control and management of the Trust and its assets. The powers and duties of the Trust are set out
On 21 November 2013, a new Scottish Housing Bill was introduced in the Scottish Parliament - what will this mean for RSLs?
It is a lengthy document extending to 86 sections. It is expected that this Bill will become law at some point in 2014.
If passed, the Bill will create significant changes in four main areas of housing law and practice.
1 - Right to Buy
With the countdown to Christmas already started, it might be an idea to look at how to avoid the potential employment law issues at Christmas parties. Without wanting to be viewed as the 'Scrooge' of the party season, we think that it is helpful to set out some useful tips before entering into the party season and heading for that next glass of mulled wine.
Employees should continue to be aware that when on a work Christmas lunch or dinner, they are still employed by
The Scottish Government has issued the draft Housing Bill. The Bill covers a wide range of issues but one of the most significant is the plan for letting agent regulation in Scotland.
The Bill proposes a register of letting agents. Agents will be required to apply to be entered into the register and will only be admitted if deemed to be fit and proper to carry out letting agency work.
When looking into whether an applicant is fit and proper, the Scottish Ministers can take
The economic downturn has had a dramatic impact on financial settlements on divorce and has even affected those once considered financially stable.
The law in Scotland relating to financial settlements on divorce can be found in the Family Law (Scotland) Act 1985. But when looking at the effect of bankruptcy (or sequestration) on separating spouses, it is necessary to also consider the terms of the Bankruptcy (Scotland) Act 1985.
When advising clients of the effect of their spouse's bankruptcy following separation, it is important to
In what is thought to be the first of its kind in Scotland, the City of Edinburgh Council has seized control of two "party flats" from a private landlord after applying for Management Control Orders (MCO). What are the implications for landlords? This Order was brought in under the Antisocial Behaviour Etc (Scotland) Act 2004, which created a number of powers for police, local authorities and Registered Social Landlords to deal with antisocial behaviour. The City of Edinburgh Council may be the first to use
After much debate and a lot of discussion it would appear that we are now very close to the introduction of another Housing Bill in the Scottish Parliament.
This Bill is expected to propose a number of changes to the rules which govern tenancies in the public sector in Scotland. We expect the proposals in the Bill to cover almost every area of housing management law.
We anticipate the following proposals
