Knowledge


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18 January 2016

Pensions Ombudsman holds employer had duty to inform member of impact of re-employment on protected pension age

Contributor: Andrew Holehouse

We look at the recent Ombudsman determination regarding a failure to make a police officer aware of the potential tax implications of re-employment where he had a protected pension age.

12 January 2016

Flooding and Property Queries

Contributor: Stuart Greenwood

The damage to property in Scotland caused by recents floods is unlike anything many parts of the country have experienced before and this has led to some complex legal queries in relation to damage to properties.

8 January 2016

North or South of the Border? Where should your claim be issued?

Contributor: John MacKenzie

A recent English Court of Appeal decision indicates that an English court can strike out a claim brought before it if it is more closely connected to Scotland than England, even if neither party has raised the issue.

7 January 2016

Fighting on a work night out: different penalties justifiable

Contributor: Neil Maclean

Normally the worst outcome of a work night out is a hangover which can usually be resolved by a bacon roll the next morning. But when a fight breaks out between employees, the outcome for the individuals may be far more significant, and could result in disciplinary sanctions including dismissal. In a recent case involving an altercation at an office function, the Employment Appeal Tribunal (EAT) held that where the two employees involved have behaved differently then it will not necessarily be unreasonable to apply different sanctions.

9 December 2015

Using Standard Terms & Conditions – key issues to consider

Contributor: Alison Rochester

This article provides an overview of the key issues to consider when using Standard Terms & Conditions.

8 December 2015

Payment notices: a balance redressed?

Contributor: Iain Drummond

This year has seen the rise of the headline-grabbing “smash and grab” adjudication; but to what extent are the courts attempting to redress the balance which, under the Construction Act, favours the contractor as payee?

26 November 2015

Property Disputes Update – Autumn 2015

In our Autumn update, we begin with a focus on relief from forfeiture. We also discuss a case where a local authority was successfully sued after it provided an incorrect search result, give an overview of the assets of community value regime and look at a recent case where the tenant “repaired” a wall by removing a mural attributed to Banksy.

13 November 2015

Modern mediation: much more than meeting in the middle

Contributor: Iain Drummond

The whys and wherefores of modern mediation in the construction industry. 

11 November 2015

Going Global Part Six: International Employees Working in the UK

Contributor: Neil Maclean

Part Six in our Going Global series, outlines some of the issues to think about when considering employing an international employee in the UK.

4 November 2015

Going Global Part Five: Secondments

Contributor: Neil Maclean

As commerce and global markets expand, employers are increasingly deploying members of their existing workforce overseas. This briefing outlines some issues to think about when considering seconding an employee to a foreign jurisdiction on a temporary basis.

29 October 2015

Going Global Part Four: Employment Checklist

Contributor: Neil Maclean

We provide a quick checklist of things to think about when employing individuals overseas, in this Part Four of our Going Global Guide.

21 October 2015

Going Global Guide Part Three: Restrictive Covenants

Contributor: Neil Maclean

The various challenges of preparing and enforcing international restrictive covenants are explained in this Part Three of our Going Global Guide.

13 October 2015

Going Global Guide Part Two: Employment contracts

Contributor: Neil Maclean

Our Going Global Guide to employment is essential reading for organisations with international reach. In this Part Two we focus on international employment contracts, jurisdiction and choice of law clauses. 

7 October 2015

Going Global Guide Part One: Territorial scope of UK employment law

Contributor: Neil Maclean

Our Going Global Guide to employment is essential reading for organisations with international reach. Whether you have offices abroad, employ people overseas, or recruit internationally, our six-part Going Global Guide will lead you through the various international employment issues that you are likely to encounter.

5 October 2015

New rules for judicial review in Scotland

Contributor: Ewan MacLeod

A number of procedural reforms of the Scottish Courts system were brought into effect on 22 September 2015.
These included the introduction of new rules on the judicial review procedure in Scotland, with key changes which will have a direct impact on the risks associated with legal challenges, including to planning permissions.

2 October 2015

Learn how to resolve your construction dispute via mediation

Contributor: Iain Drummond

Watch our webinar for an overview of the mediation process used in resolving construction disputes and receive helpful tips from our experts.  A recording can be viewed here.

18 August 2015

Holiday unused due to sickness can be carried over for 18 months

Contributor: Neil Maclean

The EAT has confirmed that employees have 18 months to use untaken holidays carried over from the previous leave year as a result of sickness absence. 

5 August 2015

Abolition of DB contracting-out: DWP publishes regulations

Contributor: Andrew Holehouse

The DWP has now published a response to its consultation on rules for formerly contracted-out schemes in light of the abolition of DB contracting-out next year.

22 July 2015

Plain speaking (and writing)

Contributor: Iain Drummond

Legal services are gradually becoming fit for the 21st Century, but why is it that some lawyers insist on clinging on to archaic language? It shouldn’t be necessary to have a law degree (or a legal dictionary) to interpret legal documents.

29 June 2015

Counterpart Signing in Scotland

Contributor: Hamish Patrick

The Legal Writings (Counterparts and Delivery) (Scotland) Act 2015 comes into force on 1 July 2015, making life rather easier in situations where counterpart execution or electronic delivery of documents would be helpful. We have prepared a guide on the new Act and practices going forward.

23 June 2015

Surprise EU mineral Bill could see companies unable to import from conflict zones

Last month the European Parliament voted to pass a law forcing companies to ensure their products do not contain conflict minerals. While the law is still to be rubber stamped by the European Commission it is likely that up to 880,000 companies in Europe could be affected.

15 June 2015

New Minimum Energy Efficiency Standards: Are you ready?

Contributor: Clare Foster

Our briefing note will help landlords, tenants, investors, occupiers and funders, asset managers and managing agents get up to speed with the Energy Efficiency (Private Rented Property) (England and Wales) Regulations.

10 June 2015

Regulator issues Contribution Notice in Carrington Wire case

Contributor: Andrew Holehouse

The Pensions Regulator has published a report on its investigation into the Carrington Wire scheme and the issue of a contribution notice against the sole director of the company who bought the company for nominal consideration from its Russian owners in 2010.

9 June 2015

Unreasonably withholding consent?

Discussion of the case of Homebase Limited v Grantchester Developments (Falkirk) Limited