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Anderson Strathern Legal Updates

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December 2014

Land Reform - the next steps

The Scottish Government has responded to the Land Reform Review Group's Report which was issued earlier in the year.

Holiday pay update

The trade union, Unite, has indicated it will not appeal two out of the three of the conjoined cases that confirmed holiday pay should include overtime.

Investigating ill-health related misconduct

Despite admitting to sexual assaults in the workplace, an employee with a mental health condition successfully appealed a Tribunal’s decision that his dismissal was fair and not discriminatory.

Age limits for job applicants are difficult to justify

A local police force in the Principality of Asturias in Spain had a policy that they would not recruit anyone over 30. This was direct discrimination on grounds of age.

Is it ever impossible to make reasonable adjustments?

In this case, the EAT upheld a decision that no adjustment could reasonably be made to a workplace.

Dealing with redundancy during maternity leave

Women on maternity leave who are at risk of redundancy are entitled to first refusal on any suitable alternative vacancy. This can cause great difficulty for employers as is little case law on exactly when this obligation is triggered.

Unsigned changes to employment contracts can be valid

An unsigned variation to a contract of employment was held to be impliedly agreed to by the employee after they carried on working for a further 9 years without indicating any objection to the change.

Further Devolution of Tax Powers to Scotland

The eagerly anticipated Report of the Smith Commission was published on 27 November 2014 and contained recommendations for the further devolution of taxation powers to the Scottish Parliament.

November 2014

Misrepresentation or Statement of Future Intention?

The appeal by a bank customer against a bank who failed to advance loan funds in the manner that they had previously indicated they would, was heard before the UK Supreme Court on 20th November 2014. Judgement was deferred.

The dementia tidal wave – how to avoid getting swept off your feet

As we now are living longer than previous generations, the number of those diagnosed with dementia is unfortunately set to increase.

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