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Anderson Strathern Legal Updates

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November 2013

Reform of Agricultural Holdings (Scotland) Acts

The Scottish Government has recently established the Agricultural Holdings Legislation Review Group charged with determining if any changes to policy or legislation are required to achieve its long held vision of a dynamic tenant farming sector

Renewing a shop lease in Scotland

Despite the Tenancy of Shops (Scotland) Act’s vintage, modern tenants still seek to try and rely on its protective measures as can be seen in the recent case of Edinburgh Woollen Mill Limited v. Surinder Singh & others.

Repossession in Scotland - Mortgages 1 Limited v Chaudhary

A judgment issued on 14 November 2013 by the Sheriff Principal at Airdrie highlights a further important development in the case law surrounding repossession actions.

Scottish Government consults on Presumption in favour of Sustainable Development

On 28th October 2013 the Scottish Government embarked on a new consultation to replace the principal policies on sustainable economic growth and sustainable development in the draft Scottish Planning Policy (SPP) with a principal policy on “sustainability and planning” which will include a “presumption” in favour of sustainable development.

October 2013

“Gross misconduct” does not make a dismissal automatically fair.

Consider mitigation because “gross misconduct” does not automatically make a dismissal fair.

Paying less than the National Minimum Wage? Prepare to be named and shamed!

New rules, which came into effect on 1 October, mean that any employer who fails to pay staff the National Minimum Wage may be publicly named and shamed.

End of the road for zero hours contracts?

Zero hours contracts have many advantages for employers but those who use them should keep an eye out for the code of conduct which the Government is proposing.

Aldi has more than two managers

It may be constructive dismissal not to have used the third to hear a grievance appeal.

Prisoners lose right to vote appeal

The UK Supreme Court has unanimously dismissed two appeals by prisoners who sought the right to vote under European law. Both prisoners were convicted murderers and claimed their rights are infringed because they are not entitled to vote.

Employee Rights for Employee Shares...?

On 1 September 2013 a new form of employment status was created, whereby employers are able to offer new and existing employees the opportunity to become “employee shareholders” in the company that employs them.

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