Thursday, May 17, 2012
   
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An employee is pregnant, what do I do now?

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Pregnant180 120It’s wonderful news but for an employer there are a lot of things to think about when a staff member tells you they are pregnant.

Here are five practical things you need to think about once someone is pregnant in your business to ensure you’ve covered your legal obligations and supported your employee during her pregnancy.

   

Scots Private Client Law Update

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Gavel180 120Lord Tyre of the Court of Session issued a judgement on 7 March 2012 concerning an important question which has not previously come before the Scottish courts. That is, to consider the position where an Attorney acting under the terms of a Continuing (financial) Power of Attorney disposes of an item of property from the granter’s estate and that item of property had been bequeathed in the granter’s Will, the question being, on the testator’s death did the legacy adeem (i.e. was it cancelled) or was it converted so that the beneficiary is entitled to a sum equivalent to the proceeds of sale of the item?

   

How to avoid the pitfalls of employing an EU National illegally

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SueWarwickLogo180 120When is a Passport and a National Insurance number not enough evidence to employ someone legally?

There has been much media advertising regarding the penalties of employing someone illegally with fines of £10,000 per illegally employed person or up to 2 years imprisonment for the employer.

   

Landlords - are you making these five fundamental mistakes?

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TessaSheppersonLogo180 120If you rent out property in the private sector it is REALLY important that you understand the law and your legal obligations.  If you don’t, then

You may have difficulties enforcing your rights against your tenants, and
You could end up out of pocket. Seriously out of pocket.
You could find yourself on the wrong side of the law and even
Be facing a prosecution

   

A reminder of why its important to make a Will!

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Will180 120Not leaving a Will can have unintended and unexpected effects.

In December the Scottish Government announced significant increases in the amount a widowed spouse or civil partner can potentially claim when the other person in the relationship (hereinafter called the “spouse” for short) dies without having made a Will. Prior Rights in intestate estates are to be increased for deaths after 1 February 2012 with the aim of restoring the value in real terms to when the limits were last set by Parliament in 2005.
   

Employers - you need to have a policy on Social Media

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SocMedia180As so more of us are now using social media, it stands to reason that many more employment tribunal cases will result from its misuse. It is essential for employers to manage usage of social media amongst employees as a disgruntled employee may cause real damage to your business and attract unwelcome publicity. A recent case (Whitham v Club 24 Ltd. t/a Ventura) sheds some light on how employers should respond when an employee makes derogatory remarks concerning the workplace on a social networking site.

   

Why does housing law have to be so complicated?

Hieroglyphs400 267"And why" some people say "When you ask a lawyer a question, why do they never answer it properly? The best they can often say is 'it depends'. What kind of an answer is that?"

The trouble is that law IS complicated. Why? Because we are complicated. We live such complicated lives, that our laws have to be complicated to cope with them.

Housing law is complicated too. Very complicated.

   

What is the common law?

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LawBook400 267Law is a funny old thing and surprisingly vague and imprecise a lot of the time.

I often get people emailing me with a problem and saying “What is the law which covers that?”  The answer to which is often “There isn’t one”.  Not if you mean Act of Parliament law.  Non lawyers often seem to think that there is this vast body of statute which details everything, so that somewhere there will be an act of Parliament saying whether their landlord has to get rid of the wasps nest in the loft and how long their notice period should be.

Some of these things will be covered by statute, but others won’t.  What do you do then?  This is where the Common Law comes in.
   

Landlords - acting without a letting agent – is it for you?

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TessaSheppersonLogo180 120Landlords of private residential property, looking to earn more from their investment may want to think about managing their properties themselves rather than using a letting agent.  Reasons why you might want to consider this include:



   

Riot aftershocks

Riot400_267Following four nights of riots in London and a spread of violence across the country, numerous shops and businesses are now left to deal with the after effects.  This sensitive topic was at the forefront of everyone’s minds at my most recent Premier Club lunch.  As an employment lawyer, I was asked what would happen now for the businesses caught up in the riots and I thought other members may like to consider my thoughts on this.

Closure
Undoubtedly there will be businesses which are forced to close permanently as a result of the scale of criminal damage inflicted and, in this instance, employees may find themselves redundant. Employees will be entitled to redundancy payments and notice pay and employers should ensure they follow a fair procedure so as not to give rise to unfair dismissal claims.

   

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