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Anderson Strathern Legal Updates

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November 2014

Holiday pay to include overtime

A landmark legal ruling has confirmed that certain payments for overtime should be included in the calculation of holiday pay. The Government estimate that one sixth of the 30.8 million people currently working in the UK receive paid overtime meaning that around 5 million workers may be entitled to additional holiday pay. Employers may also find themselves liable for backdated holiday pay claims spanning several years. However, there is, some good news for employers.

Misrepresentation results in an unenforceable guarantee

In this appeal the Court upheld findings by the lower Court that a banker had made representations to a customer which were inaccurate, and which the banker knew or ought to have known were inaccurate, and that the misrepresentations were relied upon by the customer and induced him to grant a Letter of Guarantee for £300,000, which had he known the true facts the customer would not have granted.

The “new” legislation regarding disability discrimination is more robust

Why recent case law which has been hailed as eroding the obligation to make reasonable adjustments should be treated with caution.

Employees can be disciplined for not reporting absence

The need to be clear about what misconduct is the subject of disciplinary action - the fact the employee was absent or the fact they failed to report that absence.

How much evidence do you need to hold a disciplinary hearing?

Employees who are the subject of disciplinary action are often, understandably, ill with stress as a result. Can they pursue employers for personal injury if they are not guilty?

Employers can exclude an employee’s preferred trade union through collective agreements

There are ways in which employers can retain control of their collective bargaining arrangements and select the independent trade union with whom they engage.

October 2014

Heritable creditor liable for failure to obtain best sale price of a property

This is a decision from the Sheriff Principal at Glasgow in which he upheld the decision of the Sheriff to award damages against a heritable creditor for failing to achieve the best price following a sale of a property which they had taken into possession.

New Tenancies Proposed for the Private Rented Sector

Scottish Government has issued a consultation paper on setting out proposals for developing a new type of tenancy for the private rented sector. The consultation paper seeks views on the proposed outline for the new tenancy. The intention is to create a new modernised and simplified tenancy system in Scotland.

September 2014

'No' vote in the referendum on Scottish independence - What happens next?

It is important to understand what will happen following the “No” vote in the referendum on Scottish Independence and what this will mean for you

Further Devolution - Next Steps

It is clear from the statements made this morning that this referendum outcome has significant, long-term implications for the constitutional future and governance of the whole of the UK.

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