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Anderson Strathern Legal Updates

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November 2014

New same-sex marriage laws in Scotland

While same-sex couples have been able to enter into civil partnerships in Scotland for the last nine years, the subject of same sex marriage has become prevalent in recent years and is set for a legal overhaul in December.

Scotland's new Land & Building Transaction Tax

From 1 April 2015, the Land and Buildings Transaction Tax (LBTT) will replace Stamp Duty Land Tax (SDLT) in Scotland.

Major Scottish court reforms one step closer

Royal assent was granted yesterday to the Courts Reform (Scotland) Act 2014. The Act is the long anticipated outcome of a comprehensive 2009 report by Lord Gill, now Scotland’s top judge. It will be the most fundamental shake-up in the Scottish court system for generations. Supporters insist it will provide ‘high quality civil justice that fully matches the expectations of 21st century Scotland’. Critics claim it will lead to ‘increased delays and greater inequality’.

When is it reasonable to repossess?

This is a decision from the Sheriff Principal at Dumfries where he upheld the decision of the Sheriff that it was reasonable to grant decree in a repossession action.

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?

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