In May 2011 we reported that the Coalition government had announced plans to reform UK employment laws. But are the employment law reforms good for employers? Details of the reforms are slowly starting to emerge as the Chancellor has announced that:

1. As from the 1st April 2012 an employee will need to have been employed for 2 years as opposed to 12 months before they can bring a claim for unfair dismissal against their employer

2. Secondly, fees will be introduced for

We have been asked this question by a number of charitable clients, what is Gift Aid and what are the Gift Aid rules?

Gift Aid is a simple way for your charity to increase the value of donations of money from taxpayers by claiming back from the Government the basic rate of tax paid by the donor.

When an individual, sole trader or partnership gives money to your organisation through gift aid, you can take their donation, which is money they have already paid tax

TUPE protects employees by ensuring that a transfer does not disadvantage them in any way, by preventing variations to the employment contract. We are often asked - are TUPE and contractual variations permitted?

The recent case of Smith v. Trustees of Brooklands College (EAT) has confirmed that an agreed variation to an employment contract following a TUPE transfer is effective where the transfer is not the sole or principal reason for the variation.

All contractual variations are void if the sole or principal reason is

At the inaugural LetLaw Legal Update seminar in Glasgow, the hot topic was the launch of the Scottish tenancy deposit scheme and how this will work in practice.

Whilst there was plenty of discussion surrounding ways of avoiding the scheme (!), the primary concern of both landlords and letting agents appeared to be what would happen if a scheme was to fail.

The Tenancy Deposit Scheme Regulations 2011 were issued by the Scottish Government earlier this year.? Under those Regulations, any organisation who applies to

So just how can you recover factoring & common maintenance debts from owner-occupiers? A Notice of Potential Liability for Costs can assist housing associations and factors to recover money due by owner-occupiers for factoring and common maintenance debts. It was introduced in 2004 and can be used in relation to flats or houses. It does not solely relate to costs already incurred and can be lodged in relation to planned works where there is doubt regarding an owner's ability/likelihood of paying their share of the

Planning a gap year? You will no doubt have spent time deciding on your itinerary and making sure you have all the necessary visas, but have you given any thought to ensuring you know the legal essentials for gap year students?

Most young people will not have had any reason to visit a solicitor before, but if you are planning your dream gap year you should add a trip to the family lawyer to your 'to do' list before setting off on your travels!

What

New rules relating to licensing of houses in multiple occupation (HMO) came into force August 2011. Landlords should be aware of these rules, which require a local authority HMO licence when a property is shared by three or more unrelated individuals.

There are some exceptions but a recent court case has shown that landlords should not try to avoid compliance with the rules by attempting to find inventive ways to meet some of the exemptions. More details can be found here.

The case involved

It is a common misconception that Powers of Attorney are only for the elderly. However, accidents or illness can happen to anyone at any time and it is sensible to give thought to putting a Power of Attorney in place now, as a safety net for the future. Ask yourself the question - do I need a Power of Attorney?

What is a Power of Attorney?
A Power of Attorney is a legal document giving someone else authority to act on your behalf should you

In an increasingly litigious society it is important to reflect on all of the options available when considering a court action in relation to business disputes. With the Court of Session becoming significantly busier, the Commercial Court offers a swift and robust procedure in which to raise actions. However, individuals and organisations are not making best use of this alternative court, largely through misunderstanding its use and appreciation that they can in fact use it!

The key features of the commercial court's procedures are set

A regular question at our landlord training sessions relates to the idea of early intervention when a tenant accrues rent arrears in Scotland. Landlords should always contact the tenant in these situations to obtain an explanation for the non-payment of the rent. Early contact can often prevent the situation from escalating outwith the tenant's control.

Many landlords worry they will be accused of harassment if they make attempts to contact the tenant. In one recent example, after the tenant had given notice to quit, the

Since April 2011, existing unincorporated charities have been able to apply to change their legal form to the new legal entity of a Scottish Charitable Incorporated Organisation (SCIO). What are the advantages of becoming a SCIO?

Some of the advantages of becoming a SCIO are:

• Liability of charity trustees is limited and members are not liable to contribute to the assets if it is wound up.
• It has a legal personality and can undertake transactions in its own right.
• Single regulator - OSCR.
• Title to

Does your Will include a Legacy to Charity? If you are thinking of doing this there are some facts you may want to consider.

• Around 80% of us support charities during our lifetime.
• 35% us want to leave the bulk of our estate to loved ones but like the idea of giving something back by way of donation on death to charities that we consider worthy of support.
• Surveys indicate less than 10% of the population actually leave a legacy

Making provision for Charities could

As of 1 November 2011 the Local Democracy, Economic Development and Construction Act 2009 comes into force, amending the Housing Grants, Construction and Regeneration Act 1996. The changes will affect construction contracts entered into from 1 November 2011.

The main changes are:

• The 1996 Act now applies to construction contracts even where they are not in writing;
• An adjudicator now has the ability to make changes to his/her decision, insofar as to correct any typos or other errors. Previously, where an adjudicator's decision contained a

The question of whether pre-tenancy charges imposed on tenants by landlords/agents under a short assured tenancy are legal is a long-running debate within the private rented sector.

Many landlords/agents charge a variety of fees to a tenant prior to sign-up, including administration charge, 'holding deposit' and 'referencing fee'. We've even heard of agents charging fees to prospective tenants for cleaning the property after they have left, when they've not even moved in yet!

Section 82 of the 1984 Act states that ?any person who, as

You are buying housing sites and you have found a new site to buy. And agreed a price with the landowner. You now want to submit a formal offer to buy the land but do not want to commit to the purchase until you are sure that a number of other 'things' have been dealt with. What would now be ideal is a site acquisition checklist.

These 'things' are called suspensive conditions and would typically include:-

• satisfactory site investigation reports you want to be sure

Child Contact Orders - What happens if contact doesn't take place?

When a court order is in place stating the times a child has contact with a parent each week, and the parent with whom the child lives wilfully refuses to obey the order, then the other parent is entitled to ask the court to make a finding of contempt. Disagreement with a sheriff's decision does not entitle a parent to withhold contact.

The situation is less clear cut when the reason given is that

We are frequently asked to raise court actions against debtors whose whereabouts are unknown; would you know how to find a debtor then raise a court action?

In any court action, a summons needs to be served on a debtor. The whereabouts of a debtor may be unknown because:

• The debtor may have moved to another address without the creditor's knowledge since the original debt accrued
• The debtor has not provided an address
• Or, as is sometime the case, provided an inaccurate address

Many creditors

Nearly 50 years ago, Harold Wilson's Labour government introduced the first law to make unlawful tenant evictions a criminal offence. This law was designed to deal with the 'incentives' which encouraged landlords to remove tenants. So how do you evict a tenant lawfully?

At that time:

• Properties were easier to sell and would sell at a greater price if they were vacant rather than with a sitting tenant.
• Removing tenants who had the benefit of rental protection allowed landlords to maximise their income. One London

Providing for a disabled loved one following your death is not always straightforward - you want them to have enough money to be comfortable but don't want to affect their entitlement to state benefits, many of which are means tested. One of the most effective ways of providing for a disabled beneficiary is using a disabled person's trust within your Will. As well as providing protection for the beneficiary, if set up correctly, the trust can also avoid certain tax charges normally associated with trusts.

Due to the current economic climate many employers will reduce staffing levels and/or restructure their organisation to make savings. Employers need to consider in advance redundancy preparation & consultation requirements for any redundancies.

Failure to follow the correct procedures when making redundancies could prove to be costly, particularly if it results in legal proceedings being raised against the employer.

Unfair dismissal arising for redundancy may be caused by the following:
-  Unfair selection of pools
-  Unfair application of selection criteria
-  Failure to fully