[{"id":"1641","sub_id":"25","order":"501","created":"2021-10-27 14:30:58","updated":"2021-10-27 14:38:33","type":"default","title":"WJM PARTNER ROSINA DOLAN GOES THE EXTRA 26.2 MILES FOR CHARITY","slug":"rosina-dolan-goes-the-extra-262-miles-for-charity","search_title":"WJM PARTNER ROSINA DOLAN GOES THE EXTRA 26 2 MILES FOR CHARITY","search_content":"WJM PARTNER ROSINA DOLAN GOES THE EXTRA 26 2 MILES FOR CHARITY 9 16353418441Capture JPG 1 WJM Partner Rosina Dolan street UK capit earlier thi month alongsid 40 000 peopl run London Marathon Her effort rais impress \u00a32 240 \u2013 significantli exceed origin \u00a31k target \u2013 a number sponsors She set donat ARI The Associat Relief Infirmiti West Scotland The chariti award grant allevi poverti suffer contract incur diseas caus signific impair daili activities ARI ha oper sinc 1875 Rosina ha work profession 10 years She said \u201cA a chariti ARI keen develop partnership referr agenc chariti publicis existence I thought I combin fundrais bring awar chariti great work carri out \u201cI agre pandem ha made awar smaller region chariti make a veri posit impact maintain close connect local communities \u201d The ARI welcom applic referr agenc Citizen Advice Bureau Welfar Right Officer Social Work Car Agenci charities For inform ARI pleas visit\u00a0www ariws scot \u00a0 27 10 2021 14 31 themeDarkPurpl 306 472 228","seo_title":"","seo_keywords":"","seo_description":"","template":"newsarticle","layout":"","logic":"","innav":"1","hide_in_cms":"0","redchild":"0","frontpage":"0","lock":"0","listing_container":"0","draft_for_page_id":"0","allow_delete":"1","allow_update":"1","published":"1","data1":"Jan","data2":"","data3":"","trail":[],"subs":[],"url":"https:\/\/www.wjm.co.uk\/news\/rosina-dolan-goes-the-extra-262-miles-for-charity","pagedata":{"Category":[{"value":"9","type":"select","id":"22726"}],"Image":[{"value":"16353418441Capture.JPG","type":"image","id":"22727"}],"Main Image Status":[{"value":"1","type":"select","id":"22728"}],"content":[{"value":"

WJM Partner Rosina Dolan took to the streets of the UK capital earlier this month alongside 40,000 people to run the London Marathon.<\/p>\r\n

Her efforts have raised an impressive £2,240 so far – significantly exceeding her original £1k target – thanks to a number of sponsors.<\/p>\r\n

She is set to donate it to the ARI (The Association for Relief of Infirmity in the West of Scotland). The charity awards grants to help alleviate poverty for sufferers of contracted incurable diseases which cause significant impairment in daily activities.<\/p>\r\n

ARI has been in operation since 1875 and Rosina has worked professionally with them for 10 years.<\/p>\r\n

She said: “As a charity, ARI is keen to develop new partnerships with referral agencies and other charities and to publicise its existence. I thought I could help by combining fundraising and bringing more awareness to the charity and the great work it carries out.<\/p>\r\n

“I think we would all agree the pandemic has made us all more aware that smaller, regional charities make a very positive impact maintaining close connections with local communities.”<\/p>\r\n

The ARI would welcome applications from referral agencies such as Citizens Advice Bureau, Welfare Rights Officers, Social Work and Care Agencies and other charities.

For more information about ARI, please visit www.ariws.scot<\/a><\/p>\r\n

 <\/p>","type":"textarea","id":"22729"}],"Sub Sections":[{"content title":{"value":"","type":"text","id":"22730"},"content":{"value":"","type":"textarea","id":"22731"}},{"content title":{"value":"","type":"text","id":"22732"},"content":{"value":"","type":"textarea","id":"22733"}},{"content title":{"value":"","type":"text","id":"22734"},"content":{"value":"","type":"textarea","id":"22735"}},{"content title":{"value":"","type":"text","id":"22736"},"content":{"value":"","type":"textarea","id":"22737"}}],"Date Created":[{"value":"27\/10\/2021 14:31","type":"text","id":"22738"}],"theme":[{"value":"themeDarkPurple","type":"select","id":"22739"}],"Connected Service":[{"value":"306","type":"select","id":"22740"}],"Connected Sector":[{"value":"472","type":"select","id":"22741"}],"Author":[{"value":"228","type":"select","id":"22742"}]}},{"id":"1752","sub_id":"25","order":"568","created":"2022-11-28 09:02:22","updated":"2022-11-28 09:10:21","type":"default","title":"TOP PLANNING SOLICITOR REACTS TO NPF4 CHANGES AHEAD OF COP27 ","slug":"top-planning-solicitor-reacts-to-npf4-changes-ahead-of-cop27","search_title":"TOP PLANNING SOLICITOR REACTS TO NPF4 CHANGES AHEAD OF COP27","search_content":"TOP PLANNING SOLICITOR REACTS TO NPF4 CHANGES AHEAD OF COP27 9 1669626586DSC 0817 jpg 1 Renew expert countri gather a popular seminar host Wright Johnston Mackenzi discuss long term vision Scotland energi sector Over 100 guest attend event \u2013 center theme Repow Recharg Rethink \u2013 discuss a varieti topic includ thought newly\u202frevis Nation Plan Framework NPF4 The legisl set sustain polici seek assess plan applic Scotland decad ha tabl Scottish Parliament backdrop intergovernment climat talk COP27 Egypt Fraser Gilli Manag Partner Head Plan WJM commented \u201cIt wa huge encourag abl discuss growth renew industri challeng it \u201cThe NPF4 draft radic differ year ha mani posit chang highlight a support approach renew develop Scotland \u201cThe plan system deliv net target protect enhanc biodivers a recur theme document \u201d As provid overview chang made NPF4 draft industry lead voic discuss repow exist windfarm project batteri storag technolog renew profession ar future proof sites Notabl speaker event includ Karen Anne Hutton Renew Energi System RES \u202fDavid Bell David Bell Plan Finlei Becks Phelp Fred Olsen Bill Ireland Logan Energy Expert panelist discuss opportun design optim energi project latest turbin technolog plan safeti issu surround repow exist projects Andy McFarlan Head Renew WJM host event Glasgow Royal Concert Hall said \u201cOnce a fantast turnout popular renew confer led discuss futur Scotland energi sector a huge import time industry \u201cOur event 48 hour revis NPF4 legisl wa publish provid panel speaker insight discuss role plan plai deliv expans renew energi country \u201cIt wa extrem encourag a great turnout expert develop rich discuss a varieti topics \u201cThe renew industri veri proud role it plai drive make Scotland energi sector all \u201d 28 11 2022 09 02 themeLightGreen 189 23 228","seo_title":"","seo_keywords":"","seo_description":"","template":"newsarticle","layout":"","logic":"","innav":"1","hide_in_cms":"0","redchild":"0","frontpage":"0","lock":"0","listing_container":"0","draft_for_page_id":"0","allow_delete":"1","allow_update":"1","published":"1","data1":"Jan","data2":"","data3":"","trail":[],"subs":[],"url":"https:\/\/www.wjm.co.uk\/news\/top-planning-solicitor-reacts-to-npf4-changes-ahead-of-cop27","pagedata":{"Category":[{"value":"9","type":"select","id":"24722"}],"Image":[{"value":"1669626586DSC_0817.jpg","type":"image","id":"24723"}],"Main Image Status":[{"value":"1","type":"select","id":"24724"}],"content":[{"value":"

Renewables experts from across the country gathered at a popular seminar hosted by Wright, Johnston & Mackenzie to discuss the long-term vision for Scotland’s energy sector.<\/strong>

Over 100 guests attended the event – which centered around the theme ‘Repower, Recharge, Rethink’ – to discuss a variety of topics, including their first thoughts on the newly\u202frevised National Planning Framework (NPF4).

The legislation, which sets out sustainable policies and seeks to assess planning applications in Scotland for the next decade, has been tabled in the Scottish Parliament against the backdrop of intergovernmental climate talks at COP27 in Egypt.

Fraser Gillies, Managing Partner and Head of Planning at WJM, commented: “It was hugely encouraging for us to be able to discuss the growth of the renewables industry and the challenges that come with it.

“The NPF4 draft is radically different from the one we saw last year and has many positive changes, highlighting a more supportive approach to renewables developments across the whole of Scotland.

“The need for the planning system to help deliver on the net zero targets, while protecting and enhancing biodiversity is a recurring theme throughout the document.”

As well as providing an overview of changes made to the new NPF4 draft, some of the industry’s leading voices also discussed repowering existing windfarm projects, battery storage technologies, and how renewables professionals are future-proofing their sites.

Notable speakers at the event included Karen Anne Hutton from Renewable Energy System (RES),\u202fDavid Bell from David Bell Planning, Finley Becks-Phelps from Fred Olsen and Bill Ireland from Logan Energy.

Expert panelists also discussed opportunities for designing optimal energy projects using the latest turbine technology and the planning and safety issues surrounding repowering existing projects.

Andy McFarlane, Head of Renewables at WJM who hosted the event at Glasgow’s Royal Concert Hall, said: “Once again we have seen a fantastic turnout at our popular renewables conference which led discussions on the future of Scotland’s energy sector at a hugely important time for the industry.

“Our event came less than 48 hours after the revised NPF4 legislation was published, providing our panel of speakers with insightful discussions on the role that planning must play in delivering the expansion of renewable energy across the country.

“It was extremely encouraging to have such a great turnout of experts and developers have rich discussions on a variety of topics.

“The renewables industry can be very proud of the role it’s playing in driving us towards making Scotland’s energy sector better for all.”<\/p>","type":"textarea","id":"24725"}],"Sub Sections":[{"content title":{"value":"","type":"text","id":"24726"},"content":{"value":"","type":"textarea","id":"24727"}},{"content title":{"value":"","type":"text","id":"24728"},"content":{"value":"","type":"textarea","id":"24729"}},{"content title":{"value":"","type":"text","id":"24730"},"content":{"value":"","type":"textarea","id":"24731"}},{"content title":{"value":"","type":"text","id":"24732"},"content":{"value":"","type":"textarea","id":"24733"}}],"Date Created":[{"value":"28\/11\/2022 09:02","type":"text","id":"24734"}],"theme":[{"value":"themeLightGreen","type":"select","id":"24735"}],"Connected Service":[{"value":"189","type":"select","id":"24736"}],"Connected Sector":[{"value":"23","type":"select","id":"24737"}],"Author":[{"value":"228","type":"select","id":"24738"}]}},{"id":"1663","sub_id":"25","order":"517","created":"2022-02-01 09:00:58","updated":"2022-02-01 11:10:01","type":"default","title":"The Implications the Coronavirus (Scotland) Bill ","slug":"the-implications-the-coronavirus-scotland-bill","search_title":"The Implicat Coronaviru Scotland Bill","search_content":"The Implicat Coronaviru Scotland Bill 9 1643713788WJM2097 COVID19Update 1200x675 jpg 1 Steven Docherti Partner Wright Johnston Mackenzi LLP examin Coronaviru Bill wa recent introduc Scottish Parliament explain impact propos legisl have The Scottish Govern ha set stall updat protect measur put place protect individu dure Coronaviru pandemic On 25 Januari 2022 Coronaviru Recoveri Reform Scotland Bill wa introduc Scottish Parliament In Bill Scottish Govern bed protect measur dure pandem long term put sunset claus measures The pandem requir extraordinari step Scottish Govern make aspect economi continu function everyon wa lock employe furlough etc Mani chang made Coronaviru Scotland Act 2020 Act Regul introduc measur expressli a temporari basi \u2013 thei sunset claus requir measur renew frequent Parliament to avoid ani accus Govern wa legisl proper scrutiny Som temporari chang made perman Bill For exampl debt threshold bankruptci petit \u00a33 000 wa temporarili increas \u00a310 000 dure pandem set \u00a35 000 forese future Document relat bankruptci serv person individu abl serv electron dure pandem subject restrict provis continu place There a rule \u201cdeem service\u201d document bankruptci case a debtor won t abl avoid proceed simpli avoid postman Sheriff Officer Togeth measur re balanc bankruptci process creditor a fair crack whip debtor debtor themselv mai struggl financi becaus pandemic Dur crisi virtual bankruptci case advanc becaus restrictions A signific chang landlord domest hous flat dure pandem wa remov \u201cmandatory\u201d natur statutori ground tenant evicted For exampl a landlord brought evict action ground tenant wa month arrear rent Hous Tribun a discret order tenant evicted Dur pandem recognis tenant won t paid rent becaus thei financi difficulti due Coronavirus rel restrict rule chang Tribun a discret \u2013 wa satisfi reason non pay wa becaus pandem Tribun decid evict That chang \u201cmandatory\u201d \u201cdiscretionary\u201d ground becom perman \u2013 ground evict \u201cdiscretionary\u201d Tribun satisfi reason circumst a case grant eviction Further befor bring evict action a landlord show complianc a Pre Action Protocol set Scottish Ministers The intent requir landlord exhaust option befor seek evict a tenant time pai arrears If evict action brought Tribun satisfi landlord ha compli Protocol Tribun entitl refus order eviction Overal chang relat residenti tenanc benefit tenant make harder landlord evict Depend perspect a good a bad thing Either wai a system seek ensur no on evict unjustli a laudabl aim Chang made dure pandem relat registr document electron becom permanent Thi appli document Disposit relat properti sale deed Inhibit Discharges Regist Scotland portal upload document ha a huge success Bill continu make easier and perhap quicker document registered Another chang relat process sign documents Under pre pandem law document notaris such Affidavits requir granter sign front a notari public wa physic room add signatur page That requir wa abandon dure pandem \u201cvirtual signing\u201d becam permiss document sign notaris dure Zoom calls Thi concess becom perman make easier document execut particularli live abroad remot locat a handi notari public around The Bill consid Scottish Parliament cours amend pass process We ll report Bill onc becom Act year \u00a0 01 02 2022 09 01 themeCyan 257 114","seo_title":"","seo_keywords":"","seo_description":"","template":"newsarticle","layout":"","logic":"","innav":"1","hide_in_cms":"0","redchild":"0","frontpage":"0","lock":"0","listing_container":"0","draft_for_page_id":"0","allow_delete":"1","allow_update":"1","published":"1","data1":"Jan","data2":"","data3":"","trail":[],"subs":[],"url":"https:\/\/www.wjm.co.uk\/news\/the-implications-the-coronavirus-scotland-bill","pagedata":{"Category":[{"value":"9","type":"select","id":"23126"}],"Image":[{"value":"1643713788WJM2097_COVID19Update_1200x675.jpg","type":"image","id":"23127"}],"Main Image Status":[{"value":"1","type":"select","id":"23128"}],"content":[{"value":"

Steven Docherty, Partner at Wright, Johnston & Mackenzie LLP, examines the Coronavirus Bill which was recently introduced into the Scottish Parliament, and explains what impact the proposed legislation could have.<\/strong><\/p>\r\n

The Scottish Government has set out its stall on how to update some of the protective measures put in place to protect individuals during the Coronavirus pandemic. On 25 January 2022, the Coronavirus (Recovery and Reform) (Scotland) Bill was introduced into the Scottish Parliament. In the Bill, the Scottish Government looks to bed in some of the protective measures that have been taken during the pandemic for the long-term, while putting sunset clauses on some other measures.<\/p>\r\n

The pandemic required extraordinary steps to be taken by the Scottish Government to make sure that aspects of economy could continue to function while everyone was locked down and employees were furloughed, etc. Many such changes were made in the Coronavirus (Scotland) Act 2020, as well as some other Acts and Regulations, all of which introduced measures expressly on a temporary basis – they all had sunset clauses which required the measures to be renewed frequently by Parliament (to avoid any accusation that the Government was legislating without proper scrutiny).<\/p>\r\n

Some of those temporary changes will now be made permanent in the new Bill.<\/p>\r\n

For example, the debt threshold for bankruptcy petitions, which had been £3,000 and was temporarily increased to £10,000 during the pandemic, will now be set at £5,000 for the foreseeable future. Documents relating to bankruptcy, which used to have to be served in person on individuals, were able to be served electronically during the pandemic subject to certain restrictions, and those provisions will continue in place. There will also now be a rule about “deemed service” of documents in bankruptcy cases, meaning that a debtor won’t be able to avoid such proceedings simply by avoiding the postman or the Sheriff Officer.<\/p>\r\n

Together, these measures should help re-balance the bankruptcy process between creditors, who just want a fair crack of the whip against their debtors, and the debtors themselves who may be struggling financially because of the pandemic. During the crisis, virtually no bankruptcy cases could be advanced, because of the restrictions.<\/p>\r\n

A significant change for landlords of domestic houses and flats during the pandemic was the removal of the “mandatory” nature of some of the statutory grounds on which tenants could be evicted. For example, if a landlord brought an eviction action on the ground that the tenant was in three months of arrears of rent, the Housing Tribunal did not have a discretion, and would have to order the tenant to be evicted.<\/p>\r\n

During the pandemic, recognising that some tenants won’t have paid rent because they were in financial difficulties due to Coronavirus-related restrictions, the rules were changed so that the Tribunal would have a discretion – if it was satisfied that the reason for non-payment was because of the pandemic, the Tribunal could decide not to evict.<\/p>\r\n

That change from “mandatory” to “discretionary” grounds will now become permanent – all grounds for eviction will now be “discretionary”, and the Tribunal will have to be satisfied that it is reasonable in the circumstances of a given case to grant eviction.<\/p>\r\n

Further, before bringing an eviction action, a landlord will need to show compliance with a Pre-Action Protocol to be set out by the Scottish Ministers. The intention here is to require landlords to exhaust other options before seeking to evict a tenant, such as allowing them time to pay arrears. If an eviction action is brought but the Tribunal is not satisfied that the landlord has done enough to comply with the Protocol, the Tribunal will be entitled to refuse to order eviction.<\/p>\r\n

Overall, the changes in relation to residential tenancies will be of benefit to tenants, and will make it harder for landlords to evict. Depending on your perspective, that might be a good or a bad thing. Either way, though, what such a system seeks to ensure is that no-one is evicted unjustly, which is surely a laudable aim.<\/p>\r\n

Changes made during the pandemic in relation to the registration of documents electronically will now become permanent. This will apply to documents such as Dispositions relating to property sales, and other deeds such as Inhibitions and Discharges. Registers of Scotland’s portal for uploading such documents has been a huge success, and the Bill should continue to make it easier (and perhaps quicker) for such documents to be registered.<\/p>\r\n

Another change relates to the process for signing documents. Under the pre-pandemic law, documents which needed to be notarised (such as Affidavits) would require the granter to sign in front of a notary public who was physically with them in the room, and who would add his or her signature to the same page. That requirement was abandoned during the pandemic, and “virtual signing” became permissible, with documents being signed and notarised during Zoom calls. This concession will become permanent, which should make it easier for such documents to be executed, particularly for those living abroad, or in remote locations where there might not be a handy notary public around.<\/p>\r\n

The Bill will be considered by the Scottish Parliament, and of course can be amended as it passes through that process. We’ll report on the Bill once it becomes an Act, which should be later in the year.<\/p>\r\n

 <\/p>","type":"textarea","id":"23129"}],"Sub Sections":[{"content title":{"value":"","type":"text","id":"23130"},"content":{"value":"","type":"textarea","id":"23131"}},{"content title":{"value":"","type":"text","id":"23132"},"content":{"value":"","type":"textarea","id":"23133"}},{"content title":{"value":"","type":"text","id":"23134"},"content":{"value":"","type":"textarea","id":"23135"}},{"content title":{"value":"","type":"text","id":"23136"},"content":{"value":"","type":"textarea","id":"23137"}}],"Date Created":[{"value":"01\/02\/2022 09:01","type":"text","id":"23138"}],"theme":[{"value":"themeCyan","type":"select","id":"23139"}],"Connected Service":[{"value":"257","type":"select","id":"23140"}],"Connected Sector":[{"value":"0","type":"select","id":"23141"}],"Author":[{"value":"114","type":"select","id":"23142"}]}},{"id":"1670","sub_id":"25","order":"523","created":"2022-03-04 09:15:16","updated":"2023-09-15 11:47:13","type":"default","title":"Employment Briefing \u2013 February 2022","slug":"employment-briefing--february-2022","search_title":"Employment Brief ndash Februari 2022","search_content":"Employment Brief \u2013 Februari 2022 6 1694774825WJM2649 WWW Imagery update Rulings jpg 1 Welcom February Employment provid a summari recent employ judgement updates If ani question ani topic cover discuss anyth Employment team pleas call Martin Stephen 0141 248 3434 email mss wjm co uk Propos law regard tip The govern announc plan propos a law relat tipping It hope implement provid a financi boost worker hospit leisur servic sector UK tip common place make a larg portion a workers income The legisl requir employ pass 100 tip gratuiti servic charg workers In case employ control signific influenc distribut tip thei distribut tip a fair transpar manner Under legisl worker make a request inform relat employer tip record bring forward a credibl claim employ tribun thei to Should employ fail adher rule thei Employment Tribun thei forc compens worker addit pai fines In term timescal govern advis thei expect law commenc no earlier year legisl ha passed \u00a0 Remov confidenti document purpos obtain legal advic Is employe remov confidenti document employ order seek legal advice Accord a recent High Court case Nissan v Passi answer thi question no Mr Passi wa emploi Nissan 2004 \u2013 2020 work firm Global Gener Counsel 2012 \u2013 2020 headquart Japan In March 2020 Mr Passi wa demot brought back UK work compani differ role Shortli thereaft disciplinari proceed commenc Mr Passi wa subsequ dismissed Mr Passi wa opinion thi happen a result make protect disclosur i e blew whistle relat integr intern investig alleg financi misconduct Chairman Nissan Carlo Ghosn Mr Passi brought proceed Nissan Employment Tribun unfair dismissal Follow dismiss Mr Passi wa requir return ani compani properti possess term contract Mr Passi fail retain access confidenti documents Mr Passi argu retain document purpos seek legal advic progress ongo Employment Tribun case He retain document ani confid employ disclos pend whistleblow case them The High Court reject Mr Passi argument held document return destroyed The Court wa opinion Mr Passi proprietari interest document wa reason pre empt happen dure disclosur stage case assumpt Nissan compli obligations End Coronaviru Statutori Sick Pai Rebat Scheme The Coronaviru Statutori Sick Pai Rebat Scheme ha employ reclaim week Statutori Sick Pai \u201cSSP\u201d employe ar absent work due COVID 19 relat ill close 17 March 2022 Employer submit ani claim COVID 19 relat absenc period 17 March 2022 amend ani claim thei alreadi submit 24 March 2022 so From 25 March 2022 SSP rule revert normal employ back pai employe SSP fourth qualifi dai thei ar reason sick absence Employment status affect entitl holidai pay Can employ statu affect entitl holidai pay Thi wa topic discuss a recent case decid Employment Appeal Tribun \u201cEAT\u201d Water v The Mot Cricket Club By wai background The Mot Cricket Club cricket pitch ground Maidston Kent It emploi a groundsman 2000 wa common ground parti employe Club As part contractu arrang licenc live residenti accommod Club Mr Water wa a member Club latterli committee On occas Mr Water work a volunt and or casual worker assist groundsman Club place In 2011 Mr Water start a busi Green Hand Garden provid garden ground servic includ mainten anoth cricket pitch The groundsman emploi Club vacat thi posit 2016 Mr Water subsequ howev wa hire a self emploi contractor Som time parti fell money Mr Water claim wa entitl holidai pai wa a worker The Club disagre thi howev thei hire a self emploi contractor Mr Water subsequ rais a claim Employment Tribunal The Employment Tribun \u201cET\u201d held purpos claim Mr Water wa employe a worker The Mot Cricket Club wa entitl claim holidai pai notic pay Mr Water appeal thi decis EAT The EAT dismiss appeal agre find ET In reach decis EAT assess claimant wa genuin busi account Cricket Club wa simpli a custom business Despit fact club a major custom busi contribut \u00a322 000 a total \u00a340 000 annual turnov EAT held Mr Water wa self emploi run busi therefor entitl benefit a worker Annual Increas Compens Limit The Employment Right Increas Limits Order 2022 increas compens limit employ tribun claims From 6 April 2022 limit ar follows \u2022 Maximum amount a week pai n b thi calcul award unfair dismiss award statutori redund payments \u00a3571\u2022 Maximum compensatori award unfair dismissal \u00a393 878 04 03 2022 09 15 themeBlu 278 475 101","seo_title":"","seo_keywords":"","seo_description":"","template":"newsarticle","layout":"","logic":"","innav":"1","hide_in_cms":"0","redchild":"0","frontpage":"0","lock":"0","listing_container":"0","draft_for_page_id":"0","allow_delete":"1","allow_update":"1","published":"1","data1":"Jan","data2":"","data3":"","trail":[],"subs":[],"url":"https:\/\/www.wjm.co.uk\/news\/employment-briefing--february-2022","pagedata":{"Category":[{"value":"6","type":"select","id":"23250"}],"Image":[{"value":"1694774825WJM2649_WWW_Imagery_update_Rulings.jpg","type":"image","id":"23251"}],"Main Image Status":[{"value":"1","type":"select","id":"23252"}],"content":[{"value":"

Welcome to February’s Employment news briefing, providing a summary of some of the recent employment judgements and updates.<\/p>\r\n

If you have any questions about any of the topics covered, or would like to discuss anything with our Employment team, please call Martin Stephen on 0141 248 3434 or email mss@wjm.co.uk<\/a><\/p>","type":"textarea","id":"23253"}],"Sub Sections":[{"content title":{"value":"Annual Increase in Compensation Limits","type":"text","id":"23267"},"content":{"value":"

The Employment Rights (Increase of Limits) Order 2022 is increasing compensation limits for employment tribunal claims.<\/p>\r\n

From 6 April 2022, the new limits are as follows:<\/p>\r\n

• Maximum amount for a week’s pay (n.b. this will be used to calculate awards such as unfair dismissal awards and statutory redundancy payments): £571
• Maximum compensatory award for unfair dismissal: £93,878<\/p>","type":"textarea","id":"23268"}},{"content title":{"value":"Employment status: can it affect your entitlement to holiday pay?","type":"text","id":"23260"},"content":{"value":"

Can your employment status affect your entitlement to holiday pay? This was the topic of discussion in a recent case decided by the Employment Appeal Tribunal (“EAT”), namely Waters v The Mote Cricket Club<\/em>.<\/p>\r\n

By way of background, The Mote Cricket Club had two cricket pitches on grounds at Maidstone in Kent. It had employed a groundsman from about 2000 and it was common ground between the parties that he had been an employee of the Club. As part of his contractual arrangements he had licence to live in residential accommodation at the Club.<\/p>\r\n

Mr Waters was a member of the Club and, latterly, of the committee. On occasions, Mr Waters worked as a volunteer and\/or casual worker assisting the groundsman that the Club had in place. In 2011, Mr Waters started a business, namely Green Hand Gardens, which provided gardening and grounds services, including the maintenance of another cricket pitch.<\/p>\r\n

The groundsman employed by the Club vacated this position in 2016 and Mr Waters subsequently took over, however, he was hired as a self-employed contractor.<\/p>\r\n

Some time later the parties fell out over money. Mr Waters claimed that he was entitled to holiday pay as he was a worker. The Club disagreed with this, however, as they hired him as a self-employed contractor. Mr Waters subsequently raised a claim with the Employment Tribunal.<\/p>\r\n

The Employment Tribunal (“ET”) held that for the purposes of the claim, Mr Waters was not an employee of, or a worker for, The Mote Cricket Club and, as such was not entitled to claim holiday pay or notice pay.<\/p>\r\n

Mr Waters appealed this decision to the EAT. The EAT dismissed the appeal, agreeing with the findings of the ET. In reaching their decision, the EAT assessed whether or not the claimant was genuinely in business on his own account or whether the Cricket Club was simply a customer of that business. Despite the fact that that the club were a major customer of the business, contributing £22,000 out of a total £40,000 to his annual turnover, the EAT held that Mr Waters was self-employed, running his own business, and therefore not entitled to the benefits of being a worker.<\/p>","type":"textarea","id":"23261"}},{"content title":{"value":"End of the Coronavirus Statutory Sick Pay Rebate Scheme","type":"text","id":"23258"},"content":{"value":"

The Coronavirus Statutory Sick Pay Rebate Scheme, which has allowed employers to reclaim up to two weeks of Statutory Sick Pay (“SSP”) for employees who are absent from work due to COVID-19 related illness, will close on 17 March 2022.<\/p>\r\n

Employers wishing to submit any new claims for COVID-19 related absences for periods up to 17 March 2022, or wishing to amend any claims that they have already submitted, will have up to 24 March 2022 to do so.<\/p>\r\n

From 25 March 2022, the SSP rules will revert to normal meaning that employers will need to go back to paying their employees SSP from the fourth qualifying day that they are off, regardless of the reason for their sickness absence.<\/p>","type":"textarea","id":"23259"}},{"content title":{"value":"Removing confidential documents for the purpose of obtaining legal advice","type":"text","id":"23256"},"content":{"value":"

Is an employee allowed to remove confidential documents from their employer in order to seek legal advice? According to a recent High Court case, Nissan v Passi<\/em>, the answer to this question is no.<\/p>\r\n

Mr Passi was employed by Nissan from 2004 – 2020 and worked as the firm’s Global General Counsel from 2012 – 2020 at their headquarters in Japan. In March 2020 Mr Passi was demoted and brought back to the UK to work for the company in different role. Shortly thereafter, disciplinary proceedings commenced against Mr Passi and he was subsequently dismissed. Mr Passi was of the opinion that this happened as a result of him making protected disclosures (i.e. blew the whistle) in relation to the integrity of an internal investigation into the alleged financial misconduct of the former Chairman of Nissan, namely Carlos Ghosn. Mr Passi brought proceedings against Nissan in the Employment Tribunal for unfair dismissal.<\/p>\r\n

Following his dismissal, Mr Passi was required to return any company property that he had in his possession, in terms of his contract. Mr Passi failed to do so, and instead retained access to certain confidential documents. Mr Passi argued that he retained these documents for the purposes of seeking legal advice and progressing his ongoing Employment Tribunal case. He wanted to retain the documents as he did not have any confidence that his former employer would disclose them in the pending whistleblowing case between them.<\/p>\r\n

The High Court rejected Mr Passi’s arguments and held that the documents should be returned or destroyed. The Court was of the opinion that Mr Passi had no proprietary interest in the documents and there was no reason to allow him to ‘pre-empt’ what might happen during the disclosure stage of the case, just on the assumption that Nissan would not comply with their obligations.<\/p>","type":"textarea","id":"23257"}},{"content title":{"value":"Proposed new laws regarding tipping","type":"text","id":"23254"},"content":{"value":"

The government have announced their plans to propose a new law in relation to tipping. It is hoped that the implementation of such will provide a financial boost to workers in the hospitality, leisure and services sectors in the UK, where tipping is common place and can make up a large portion of a workers’ income.<\/p>\r\n

The new legislation will require all employers to pass on 100% of the tips, gratuities, and service charges to workers. In cases where employers have control or significant influence over the distribution of the tips, they will have to distribute tips in a fair and transparent manner.<\/p>\r\n

Under the new legislation, there will also be new rights for workers to make a request for information relating to an employer’s tipping record, allowing them to bring forward a credible claim to an employment tribunal, should they wish to.<\/p>\r\n

Should employers fail to adhere to these new rules, they can be taken to an Employment Tribunal where they can be forced to compensate workers, in addition to paying fines.<\/p>\r\n

In terms of timescales, the government have advised that they expect the new laws to commence ‘no earlier than one year after the legislation has passed’.<\/p>\r\n

 <\/p>","type":"textarea","id":"23255"}}],"Date Created":[{"value":"04\/03\/2022 09:15","type":"text","id":"23262"}],"theme":[{"value":"themeBlue","type":"select","id":"23263"}],"Connected Service":[{"value":"278","type":"select","id":"23264"}],"Connected Sector":[{"value":"475","type":"select","id":"23265"}],"Author":[{"value":"101","type":"select","id":"23266"}]}},{"id":"1682","sub_id":"1678","order":"2","created":"2022-04-19 15:46:16","updated":"2023-08-30 16:31:17","type":"default","title":"Buying a Practice - Drilling into the detail","slug":"buying-a-practice---drilling-into-the-detail","search_title":"Bui a Practic Drill detail","search_content":"Bui a Practic Drill detail 18th Jun 2018\u00a0You found practic buy You surveyors practic goodwill valu dental practice Your account a posit viabil forecast factor chang dental staff follow purchase In principl lender give financ practice You re keen purchase What next To make purchas a success a firm idea financ foundat practice Lik ani busi sound order practic built up Three fundament stand out practice major contract premis employees Contract The introduct Oral Health Improvement Plan rule Juli patient dental plan financ contract Denplan mai becom greater import practices How differ financ contract compare What ar cost downsid enter contracts Equalli import ar contract lik regul restrict market patient patients Is practice exist market data compliant GDPR regulations Is practice websit term condit privaci polici suffici web marketing Premis If practic doe practic premis basi occupation It surpris a practic occupi premis base inadequ document sometim where exampl princip practic mai owner Yet absenc a proper leas practic ha busi properti evict short notice Altern a leas doe exist doe impos unaccept condit practice What exactli ar repair liabilities Who precis dental chair equip physic screw wall floor \u2013 owner tenant Employe Of complianc issu transfer employe a purchas complex You term contract employ e g salari holidai entitl potenti claims ensur TUPE procedur rule ar follow employees contract employ ar transfer you The abov ar exampl fundament ar essenti success a practice Fail address befor purchas signific manag time eaten fix worst problem won t awai practic ha in built instabl liabilities Fortun issu identifi earli resolv befor purchas goe ahead Thei ar gener easier fix befor \u2013 exampl goodwil seller employe mai s he fix employ issu readili incom purchaser Or seller mai abl persuad landlord enter a leas argument landlord agre thi dental practic mai ceas occupi premises A good dental practic lawyer familiar thi sector achiev genuin valu a purchaser Michael Dewar Partner Healthcar Sector Team Wright Johnston Mackenzi LLP Publish 18 6 18 1693409471WJM2635 Healthcare 330x150 3 jpg 1611579791Sectors Healthcare jpg 1611579961Sectors Healthcare jpg 18 Jun 2018\u00a0 Bui a Practice Drill Detail You found practic buy You surveyors practic goodwill valu dental practice Your account a posit viabil forecast factor chang dental staff follow purchase In principl lender give financ practice You re keen purchase What next To make purchas a success a firm idea financ foundat practice Lik ani busi sound order practic built up Three fundament stand out practice major contract premis employees ContractsTh introduct Oral Health Improvement Plan rule Juli patient dental plan financ contract Denplan mai becom greater import practices How differ financ contract compare What ar cost downsid enter contracts Equalli import ar contract lik regul restrict market patient patients Is practice exist market data compliant GDPR regulations Is practice websit term condit privaci polici suffici web marketing PremisesIf practic doe practic premis basi occupation It surpris a practic occupi premis base inadequ document sometim where exampl princip practic mai owner Yet absenc a proper leas practic ha busi properti evict short notice Altern a leas doe exist doe impos unaccept condit practice What exactli ar repair liabilities Who precis dental chair equip physic screw wall floor \u2013 owner tenant EmployeesOf complianc issu transfer employe a purchas complex You term contract employ e g salari holidai entitl potenti claims ensur TUPE procedur rule ar follow employees contract employ ar transfer you The abov ar exampl fundament ar essenti success a practice Fail address befor purchas signific manag time eaten fix worst problem won t awai practic ha in built instabl liabilities Fortun issu identifi earli resolv befor purchas goe ahead Thei ar gener easier fix befor \u2013 exampl goodwil seller employe mai s he fix employ issu readili incom purchaser Or seller mai abl persuad landlord enter a leas argument landlord agre thi dental practic mai ceas occupi premises A good dental practic lawyer familiar thi sector achiev genuin valu a purchaser Michael Dewar Partner Healthcar Sector Team Wright Johnston Mackenzi LLP Publish 18 6 18 theme17 714 101 63 223 659 1189 1196 1192 267 197 164 1011 1677 1672 1010 1678 1009 Recent Activiti https www wjm co uk services and sectors sectors recent act Meet Team https www wjm co uk services and sectors sectors meet the team Our Servic https www wjm co uk services and sectors sectors our services 2","seo_title":"","seo_keywords":"","seo_description":"","template":"sector","layout":"","logic":"","innav":"1","hide_in_cms":"0","redchild":"0","frontpage":"0","lock":"0","listing_container":"0","draft_for_page_id":"0","allow_delete":"1","allow_update":"1","published":"1","data1":"","data2":"","data3":"","trail":[],"subs":[],"url":"https:\/\/www.wjm.co.uk\/services-and-sectors\/sectors\/healthcare\/legal-updates\/buying-a-practice---drilling-into-the-detail","pagedata":{"content":[{"value":"

18th June 2018 <\/strong>

You have found the practice you wish to buy. You have your surveyors’ practice goodwill\/ value of the dental practice. Your accountants have given a positive viability forecast, even after factoring in changes in dental staff following the purchase. In principle, you know the lender will give you the finance needed for the practice. You’re keen to get going with the purchase. What next?<\/p>\r\n

To make your purchase a success, you need to have a firm idea not just of the finances but of the other foundations of the practice. Like any other business these must be sound in order for the practice to be built up. Three fundaments stand out: the practice’s major contracts, the premises, and the employees.<\/p>\r\n

Contracts<\/strong><\/p>\r\n

The introduction of the new Oral Health Improvement Plan rules in July means that patient dental plan financing contracts such as Denplan may become of greater importance to practices. How, though, do the differing finance contracts compare? What are the costs and downsides of entering into such contracts? Equally important are the contract-like regulations that restrict marketing to patients and new patients. Is the practice’s existing marketing data compliant with the new GDPR regulations? Is the practice’s website terms and conditions and privacy policy sufficient to allow web marketing?<\/p>\r\n

Premises<\/strong><\/p>\r\n

If the practice does not own the practice premises, what is the basis for its occupation? It is surprising how often a practice occupies premises based on inadequate documentation or sometimes none at all (where, for example, one of the principals of the practice may have been owner). Yet, in the absence of a proper lease, the practice has no business being in the property and could be evicted at short notice. Alternatively, if a lease does exist, does it impose unacceptable conditions on the practice? What exactly are the repair liabilities? Who precisely owns the dental chairs and other equipment physically screwed into the walls or floor – the owner or the tenant?<\/p>\r\n

Employees<\/strong><\/p>\r\n

Of all compliance issues, transfer of employees in a purchase is among the most complex. You will want to know the terms of the contracts of employment (e.g. salary, holiday entitlement, potential claims) and ensure that TUPE procedural rules are followed where employees’ contracts of employment are to transfer to you.<\/p>\r\n

The above are examples as to why these fundamentals are so essential to the success of a practice. Fail to address them before the purchase and, at best, significant management time will be eaten up trying to fix them; at worst, the problems won’t go away and the practice has in-built instabilities and liabilities.<\/p>\r\n

Fortunately, most of these issues, if identified early enough, can be resolved before the purchase goes ahead. They are generally also easier to fix before, not after – for example, the goodwill between the seller and employees may mean s\/he can fix an employment issue more readily than the incoming purchaser. Or the seller may be able to persuade the landlord to enter a new lease, using the argument that unless the landlord agrees to this, the dental practice may cease to occupy the premises.<\/p>\r\n

A good dental practice lawyer familiar with this sector can help achieve genuine value for a purchaser.<\/p>\r\n

Michael Dewar, Partner, Healthcare Sector Team, Wright, Johnston & Mackenzie LLP (Published 18.6.18)<\/strong><\/p>","type":"textarea","id":"23519"},{"value":"

18 June 2018 <\/h4>\r\n

Buying a Practice: Drilling into the Detail<\/h3>\r\n

You have found the practice you wish to buy. You have your surveyors’ practice goodwill\/ value of the dental practice. Your accountants have given a positive viability forecast, even after factoring in changes in dental staff following the purchase. In principle, you know the lender will give you the finance needed for the practice. You’re keen to get going with the purchase. What next?<\/p>\r\n

To make your purchase a success, you need to have a firm idea not just of the finances but of the other foundations of the practice. Like any other business these must be sound in order for the practice to be built up. Three fundaments stand out: the practice’s major contracts, the premises, and the employees.<\/p>\r\n

Contracts<\/strong>

The introduction of the new Oral Health Improvement Plan rules in July means that patient dental plan financing contracts such as Denplan may become of greater importance to practices. How, though, do the differing finance contracts compare? What are the costs and downsides of entering into such contracts? Equally important are the contract-like regulations that restrict marketing to patients and new patients. Is the practice’s existing marketing data compliant with the new GDPR regulations? Is the practice’s website terms and conditions and privacy policy sufficient to allow web marketing?<\/p>\r\n

Premises<\/strong>

If the practice does not own the practice premises, what is the basis for its occupation? It is surprising how often a practice occupies premises based on inadequate documentation or sometimes none at all (where, for example, one of the principals of the practice may have been owner). Yet, in the absence of a proper lease, the practice has no business being in the property and could be evicted at short notice. Alternatively, if a lease does exist, does it impose unacceptable conditions on the practice? What exactly are the repair liabilities? Who precisely owns the dental chairs and other equipment physically screwed into the walls or floor – the owner or the tenant?<\/p>\r\n

Employees<\/strong>

Of all compliance issues, transfer of employees in a purchase is among the most complex. You will want to know the terms of the contracts of employment (e.g. salary, holiday entitlement, potential claims) and ensure that TUPE procedural rules are followed where employees’ contracts of employment are to transfer to you.<\/p>\r\n

The above are examples as to why these fundamentals are so essential to the success of a practice. Fail to address them before the purchase and, at best, significant management time will be eaten up trying to fix them; at worst, the problems won’t go away and the practice has in-built instabilities and liabilities.<\/p>\r\n

Fortunately, most of these issues, if identified early enough, can be resolved before the purchase goes ahead. They are generally also easier to fix before, not after – for example, the goodwill between the seller and employees may mean s\/he can fix an employment issue more readily than the incoming purchaser. Or the seller may be able to persuade the landlord to enter a new lease, using the argument that unless the landlord agrees to this, the dental practice may cease to occupy the premises.<\/p>\r\n

A good dental practice lawyer familiar with this sector can help achieve genuine value for a purchaser.<\/p>\r\n

Michael Dewar, Partner, Healthcare Sector Team, Wright, Johnston & Mackenzie LLP (Published 18.6.18)<\/strong><\/p>","type":"textarea","id":"23522"}],"Image":[{"value":"1693409471WJM2635_Healthcare_330x150_3.jpg","type":"image","id":"26038"}],"Banner":[{"value":"1611579791Sectors_Healthcare.jpg","type":"image","id":"23520"}],"Sector Small Image":[{"value":"1611579961Sectors_Healthcare.jpg","type":"image","id":"23521"}],"theme":[{"value":"theme17","type":"select","id":"23523"}],"Key Contact":[{"Key Contact":{"value":"1192","type":"select","id":"23524"},"value":"1192","type":"select","id":"23524"},{"Key Contact":{"value":"1196","type":"select","id":"23525"},"value":"1196","type":"select","id":"23525"},{"Key Contact":{"value":"1189","type":"select","id":"23526"},"value":"1189","type":"select","id":"23526"},{"Key Contact":{"value":"659","type":"select","id":"23527"},"value":"659","type":"select","id":"23527"},{"Key Contact":{"value":"223","type":"select","id":"23528"},"value":"223","type":"select","id":"23528"},{"Key Contact":{"value":"63","type":"select","id":"23529"},"value":"63","type":"select","id":"23529"},{"Key Contact":{"value":"101","type":"select","id":"23530"},"value":"101","type":"select","id":"23530"},{"Key Contact":{"value":"714","type":"select","id":"23531"},"value":"714","type":"select","id":"23531"}],"Key Services":[{"Key Service":{"value":"164","type":"select","id":"23532"},"value":"164","type":"select","id":"23532"},{"Key Service":{"value":"197","type":"select","id":"23533"},"value":"197","type":"select","id":"23533"},{"Key Service":{"value":"267","type":"select","id":"23534"},"value":"267","type":"select","id":"23534"}],"In this section":[{"Sector":{"value":"1009","type":"select","id":"23535"},"value":"1009","type":"select","id":"23535"},{"Sector":{"value":"1678","type":"select","id":"23537"},"value":"1678","type":"select","id":"23537"},{"Sector":{"value":"1010","type":"select","id":"23536"},"value":"1010","type":"select","id":"23536"},{"Sector":{"value":"1672","type":"select","id":"23649"},"value":"1672","type":"select","id":"23649"},{"Sector":{"value":"1677","type":"select","id":"23650"},"value":"1677","type":"select","id":"23650"},{"Sector":{"value":"1011","type":"select","id":"23651"},"value":"1011","type":"select","id":"23651"}],"In This Section Custom Link":[{"Link Text":{"value":"Our Services","type":"text","id":"23538"},"Custom Link":{"value":"https:\/\/www.wjm.co.uk\/services-and-sectors\/sectors\/our-services-2","type":"text","id":"23539"}},{"Link Text":{"value":"Meet the Team ","type":"text","id":"23540"},"Custom Link":{"value":"https:\/\/www.wjm.co.uk\/services-and-sectors\/sectors\/meet-the-team","type":"text","id":"23541"}},{"Link Text":{"value":"Recent Activity","type":"text","id":"23542"},"Custom Link":{"value":"https:\/\/www.wjm.co.uk\/services-and-sectors\/sectors\/recent-activity","type":"text","id":"23543"}}]}},{"id":"1698","sub_id":"25","order":"529","created":"2022-05-16 10:22:44","updated":"2023-09-15 11:46:32","type":"default","title":"Employment Law Bulletin - April 2022","slug":"employment-law-bulletin---april-2022","search_title":"Employment Law Bulletin April 2022","search_content":"Employment Law Bulletin April 2022 6 1694774783WJM2649 WWW Imagery update EmployBrief jpg 1 Welcom April Employment provid a summari recent employ judgement updates If ani question ani topic cover discuss anyth Employment team pleas call Martin Stephen 0141 248 3434 email\u00a0mss wjm co uk \u00a0 The danger threaten violenc call a man bald In recent case Finn v British Bung Manufactur ET found Mr Finn made a public interest disclosur threaten violenc victimis call bald pejor terms It found convei inform employ suffici factual content specif meet relev tests Specif detail graphic industri languag found https www gov uk employment tribunal decisions mr a finn v the british bung manufacturing company ltd and mr j king 1803764 slash 2021 Thi case serv a remind male male banter danger result expens claims Employment Tribun Reform The HMCTS Reform Employment Tribun Project ha produc a FAQ document design tribun user navig reform Thi a move document continu updat project move forward Th document explain aim project includ develop a digit system place \u2013 onlin portal repres check statu a case respond a claim make applic relat such Whilst onlin portal quit open everyon Leed Glasgow access release Reason Adjustment Knightlei v Chelsea Westminst Hospit NHS Trust held employ dismiss a disabl employe fail make a reason adjust dure process render dismiss unfair In thi case disabl Claimant dismiss follow a capabl procedure The employ deni extens time appeal dismissal The Claimant appeal sever ground includ dismiss held unfair failur make a reason adjust dismiss held a breach S 15 Equaliti Act The EAT note fact employ fail claim doe fail others What matter conclus ar drawn test find facts Her conclus reason adjust claim depend merit case dismiss dismiss appeal made ani differ outcome New Presidenti Guidanc Oral Evidenc Individu Abroad Follow Agbabiaka case oral video evid abroad requir permiss foreign state You seek provid Employment Tribun detail possibl Tribun contact offic Foreign Commonwealth Develop Office confirm permission Permiss mai grant prior knowledg state posit matters Howev case mai requir FCDO offic make inquiri embassi time consuming If a case permiss long mai compromis trial date tribun wai seek permiss e g evid write person travel UK give evid someon els abl give evid instead New Financi Conduct Author Polici Statement \u2013 Divers Inclusion Mid April 2022 public Financi Conduct Authority statement increas divers inclus compani board execut manag financi servic sector In effect FCA introduc rule requir issuer includ financi report a statement thei met specif board divers target put a \u201ccompli explain\u201d basis Whilst target ar legal oblig thei ar design shine a light public organis meet targets The target are \u2022 40 board women \u2022 senior board posit a woman and\u2022 member board ethnic minor background Compani report basi sex gender ident provid thi approach consist explain adequately Can a Claim Be Struck Out a Close Preliminari Hearing The answer no Thi wa held Employment Appeal Tribun Mendi v Motorola Solut UK Ltd overturn a case manag decis effect strike Claimant indirect discrimin claim At a close preliminari hear Employment Judg overlook indirect discrimin claim proceed make a case manag order Rul 39 wa discern indirect discrimin case Thi effect inadvert effect strike Claimant indirect discrimin claim The order wa revoked The EAT upheld Claimant appeal note effect case manag order determin objectively The order wa akin a judgment wa effect a strike Rul 53 1 c As made a close preliminari hear breach Rul 56 follow Rul 37 2 provid a reason opportun make written represent and or open preliminari hearing wa effect wrong law 16 05 2022 10 22 themeBlu 329 495 101","seo_title":"","seo_keywords":"","seo_description":"","template":"newsarticle","layout":"","logic":"","innav":"1","hide_in_cms":"0","redchild":"0","frontpage":"0","lock":"0","listing_container":"0","draft_for_page_id":"0","allow_delete":"1","allow_update":"1","published":"1","data1":"Jan","data2":"","data3":"","trail":[],"subs":[],"url":"https:\/\/www.wjm.co.uk\/news\/employment-law-bulletin---april-2022","pagedata":{"Category":[{"value":"6","type":"select","id":"23817"}],"Image":[{"value":"1694774783WJM2649_WWW_Imagery_update_EmployBrief.jpg","type":"image","id":"23818"}],"Main Image Status":[{"value":"1","type":"select","id":"23819"}],"content":[{"value":"

Welcome to April’s Employment news briefing, providing a summary of some of the recent employment judgements and updates.<\/p>\r\n

If you have any questions about any of the topics covered, or would like to discuss anything with our Employment team, please call Martin Stephen on 0141 248 3434 or email mss@wjm.co.uk<\/a><\/p>\r\n

 <\/p>","type":"textarea","id":"23820"}],"Sub Sections":[{"content title":{"value":"Can a Claim Be Struck Out at a Closed Preliminary Hearing?","type":"text","id":"23836"},"content":{"value":"

The answer is no. This was held by the Employment Appeals Tribunal in Mendy v Motorola Solutions UK Ltd<\/em>, which overturned a case management decision that had the effect of striking out the Claimant’s indirect discrimination claim.<\/p>\r\n

At a closed preliminary hearing, the Employment Judge had overlooked an indirect discrimination claim and proceeded to make a case management order under Rule 39, that there was no discernible indirect discrimination in the case.<\/p>\r\n

This effectively had the inadvertent effect of striking out the Claimant’s indirect discrimination claim. The order was later revoked.<\/p>\r\n

The EAT upheld the Claimant’s appeal, noting that the effect of the case management order had to be determined objectively. The order was akin to a judgment, as it was effectively a strike out under Rule 53(1)(c). As it had been made at a closed preliminary hearing in breach of Rule 56, and without following Rule 37(2) (providing for a reasonable opportunity to make written representations and\/or have an open preliminary hearing), it was effectively wrong in law.<\/p>","type":"textarea","id":"23837"}},{"content title":{"value":"New Financial Conduct Authority Policy Statement – Diversity and Inclusion","type":"text","id":"23834"},"content":{"value":"

Mid-April 2022 saw the publication of the Financial Conduct Authority’s statement on increasing diversity and inclusion on company boards and executive management in the financial services sector. In effect, the FCA will be introducing new rules to require issuers to include in their financial report a statement of whether they have met specific board diversity targets, and will be put on a “comply of explain” basis.<\/p>\r\n

Whilst these targets are not legal obligations, they are designed to shine a light to the public on organisations who do not meet such targets.<\/p>\r\n

The targets are:
• at least 40% of the board should be women;
• at least one of the senior board positions should be a woman; and
• at least one member of the board should be from an ethnic minority background.<\/p>\r\n

Companies can report on the basis of either sex or gender identity, provided this approach is used consistently and explained adequately.<\/p>","type":"textarea","id":"23835"}},{"content title":{"value":"New Presidential Guidance on Oral Evidence from Individuals Abroad","type":"text","id":"23827"},"content":{"value":"

Following the Agbabiaka<\/em> case, taking oral or video evidence from abroad requires permission from the foreign state. You should now seek to provide the Employment Tribunal with details as soon as possible to allow the Tribunal to contact an office at the Foreign, Commonwealth and Development Office to confirm permission.<\/p>\r\n

Permission may be granted through prior knowledge of the state’s position on such matters. However, in other cases, it may require the FCDO office to make inquiries at the embassy which can be time-consuming.<\/p>\r\n

If, in a particular case permission is taking too long which may compromise the trial date, the tribunal can look at ways around seeking permission e.g. whether evidence can instead be in writing, the person can travel to the UK to give evidence or if someone else is able to give the evidence instead.<\/p>","type":"textarea","id":"23828"}},{"content title":{"value":"Reasonable Adjustments","type":"text","id":"23825"},"content":{"value":"

Knightley v Chelsea & Westminster Hospital NHS Trust<\/em> held that if an employer dismisses a disabled employee, but fails to make a reasonable adjustment during that process, it will not<\/span> render the dismissal unfair.<\/p>\r\n

In this case, the disabled Claimant had been dismissed following a capability procedure. The employer denied her an extension of time to appeal against dismissal. The Claimant appealed on several grounds, including that the dismissal ought to have been held to be unfair given the failure to make a reasonable adjustment and that the dismissal should have been held to be a breach of S.15 Equality Act.<\/p>\r\n

The EAT noted that the fact that an employer might fail on one claim, does not mean that it will fail the others. What matters here is the conclusions that are drawn under each test from the findings of facts. Here, the conclusion on the reasonable adjustment claim did not depend on the merits of the case for dismissal or the dismissal itself, or whether the appeal would have made any difference to the outcome.<\/p>","type":"textarea","id":"23826"}},{"content title":{"value":"Employment Tribunal Reforms","type":"text","id":"23823"},"content":{"value":"

The HMCTS Reform Employment Tribunal Project has produced a FAQ document, designed to help tribunal users navigate the reform. This will be a moving document and continually updated as the project moves forward.
The document explains the aims of the project, and includes the development of a new digital system that will be in<\/p>\r\n

place – an online portal where representatives can check the status of a case, respond to a claim and make applications relating to such. Whilst the new online portal is not quite open for everyone yet, those in Leeds or Glasgow have access to the first release.<\/p>","type":"textarea","id":"23824"}},{"content title":{"value":"The dangers of threatening violence calling a man bald","type":"text","id":"23821"},"content":{"value":"

In the recent case of Finn v British Bung Manufacturing<\/em> the ET found that Mr Finn had made a public interest disclosure of threatened violence and had been victimised when called bald in pejorative terms. It found he had conveyed information to his employer of sufficient factual content and specificity to meet the relevant tests. Specific details of the graphic industrial language can be found here https:\/\/www.gov.uk\/employment-tribunal-decisions\/mr-a-finn-v-the-british-bung-manufacturing-company-ltd-and-mr-j-king-1803764-slash-2021<\/a><\/p>\r\n

This case serves as a reminded that male to male banter can be dangerous and result in expensive claims.<\/p>","type":"textarea","id":"23822"}}],"Date Created":[{"value":"16\/05\/2022 10:22","type":"text","id":"23829"}],"theme":[{"value":"themeBlue","type":"select","id":"23830"}],"Connected Service":[{"value":"329","type":"select","id":"23831"}],"Connected Sector":[{"value":"495","type":"select","id":"23832"}],"Author":[{"value":"101","type":"select","id":"23833"}]}},{"id":"1709","sub_id":"25","order":"538","created":"2022-07-04 13:52:43","updated":"2023-09-15 11:43:05","type":"default","title":"Protect Your Digital Assets After Death","slug":"protect-your-digital-assets-after-death","search_title":"Protect Your Digit Asset After Death","search_content":"Protect Your Digit Asset After Death 9 1694774497WJM2643 WillImage www jpg 1 Great import place a drawn ensur power attornei date make plan happen digit asset onc you ve pass awai becom incapacit overlooked We tend term tradit asset monetari valu bank account properti make a mani ar awar step nomin individu deal digit asset circumstances Profession bodi STEP recent launch a campaign encourag member public protect \u201cdigit memories\u201d make plan futur digit assets It make a lot sens consid mani live a great deal live onlin dai vast major peopl UK fail digit footprint death You mai exactli a \u201cdigit asset\u201d These ar asset held a digit format Thei monetari valu cryptocurr NFT a balanc a PayPal account Domain ar valuabl assets These ar asset ar capabl therefor left a legaci a will Then a raft \u201cassets\u201d held digit form sentiment value Thei anyth email account social media account imag save a smart phone tablet cloud a download collect music books These ar exampl digit asset vast major ar a coupl these Peopl don t realis type digit asset aren t actual them The servic user onli ha a licenc product While asset left a legaci doe make provis happen account death It howev import check term condit attach account possible When someon pass awai thei haven t made clear happen digit footprint term condit appli thei permit access absenc express instructions There sever high profil case great difficulti encount access love ones digit asset thei died Mani internet servic provid ar base US thei insist a court order obtain a US court befor thei recognis it Thi simpli feasibl major us In mani case asset ar lost forever Becaus dynam multin natur digit world law ha simpli unabl up So make plan digit asset access death incred distress time consum costli family It import thi start plan sooner later Peopl mai answer simpli share password love thi breach servic provider term condit recommend case potenti privaci data protect issues Som larger onlin platform Meta Apple Googl offer legaci set enabl user nomin a parti gain access manag account death Mani ar unawar set thei ar incred I urg anyon protect futur digit asset advantag thi function import step My advic make a comprehens list digit asset legaci set wherev possibl nomin a parti abl access account absence It import discuss thi love explain step you ve you d account futur thei gain access A solicitor abl guid process put write clear evid intent unlock preciou asset love ones For inform WJM team solicitor plan futur \u00a0email privateclientgroup wjm co uk\u00a0 \u00a0 Thi articl The Scotsman\u00a0 04 07 2022 13 53 theme15 306 472 1386","seo_title":"","seo_keywords":"","seo_description":"","template":"newsarticle","layout":"","logic":"","innav":"1","hide_in_cms":"0","redchild":"0","frontpage":"0","lock":"0","listing_container":"0","draft_for_page_id":"0","allow_delete":"1","allow_update":"1","published":"1","data1":"Jan","data2":"","data3":"","trail":[],"subs":[],"url":"https:\/\/www.wjm.co.uk\/news\/protect-your-digital-assets-after-death","pagedata":{"Category":[{"value":"9","type":"select","id":"24004"}],"Image":[{"value":"1694774497WJM2643_WillImage_www.jpg","type":"image","id":"24005"}],"Main Image Status":[{"value":"1","type":"select","id":"24006"}],"content":[{"value":"

Great importance is placed on getting a will drawn up, or ensuring your power of attorney is up to date, but making plans for what happens to your digital assets once you’ve passed away or if you become incapacitated is often overlooked.<\/strong><\/p>\r\n

We tend to think in terms of traditional assets which have monetary value such as bank accounts and properties when making a will, and many are not yet aware that steps can also be taken to nominate an individual to deal with your digital assets in these circumstances.<\/p>\r\n

Professional body, STEP, recently launched a new campaign, encouraging members of the public to protect their “digital memories” by making plans for the future of their digital assets.<\/p>\r\n

It makes a lot of sense considering so many of us live a great deal of our lives online these days, but the vast majority of people in the UK fail to think about their digital footprint upon death.<\/p>\r\n

You may be wondering exactly what is a “digital asset”. These are assets held in a digital format. They can have monetary value such as cryptocurrency, NFTs, or even a balance in a PayPal account. Domain names are often valuable assets. These are all assets which are capable of being owned and therefore, left as a legacy in a will.<\/p>\r\n

Then there is a raft of other “assets” held in digital form which have sentimental value. They can be anything from an email account, social media accounts, images saved on a smart phone, tablet or cloud or a downloaded collection of music or books.<\/p>\r\n

These are all examples of digital assets and the vast majority of us are likely to have at least a couple of these.<\/p>\r\n

People don’t often realise that most types of digital assets aren’t actually owned by them. The service user only has a licence to use the product. While these assets cannot be left as a legacy, it does not mean that you cannot make provision for what should happen to these accounts on your death. It is however, important to check the terms and conditions attached to these accounts to see what is possible.<\/p>\r\n

When someone passes away, if they haven’t made it clear what is to happen to their digital footprint, it is these terms and conditions which apply, and they do not often permit access in the absence of express instructions.<\/p>\r\n

There have been several high-profile cases where great difficulties have been encountered in trying to access loved ones’ digital assets after they have died. Many internet service providers are based in the US and they will often insist that a court order is obtained from a US court before they will recognise it. This is simply not feasible for the majority of us. In many cases assets are lost forever.<\/p>\r\n

Because of dynamic and multinational nature of the digital world, the law has simply been unable to keep up.<\/p>\r\n

So if you do not make plans for your digital assets, trying to access them on your death can be incredibly distressing, time consuming, and costly for your family. It’s important to take this into consideration and start planning sooner rather than later.<\/p>\r\n

People may think the answer is simply to share passwords with their loved ones, but this can often be in breach of the service provider’s terms and conditions, and is not recommended in case of potential privacy and data protection issues.<\/p>\r\n

Some of the larger online platforms such as Meta, Apple and Google, now offer legacy settings which enable users to nominate a third party to gain access to or manage their accounts after their death. Many are still unaware of these settings, but they are incredibly useful, and I would urge anyone who wants to protect the future of their digital assets to take advantage of this function as an important first step.<\/p>\r\n

My advice would be to make a comprehensive list of all your digital assets and use the legacy settings wherever possible to nominate a third party to be able to access your accounts in your absence. It’s important to discuss this with your loved ones and explain the steps you’ve taken, and how you’d like them to use your accounts in future, should they ever need to gain access.<\/p>\r\n

A solicitor will be able to guide you through the process of putting these wishes into writing, so there is clear evidence of your intentions, which should help to unlock these precious assets for your loved ones.<\/p>\r\n

For more information on how WJM’s team of solicitors can help plan for your future, email privateclientgroup@wjm.co.uk<\/a> <\/strong><\/p>\r\n

 <\/p>\r\n

This article first appeared in The Scotsman <\/em><\/p>","type":"textarea","id":"24007"}],"Sub Sections":[{"content title":{"value":"","type":"text","id":"24008"},"content":{"value":"","type":"textarea","id":"24009"}},{"content title":{"value":"","type":"text","id":"24010"},"content":{"value":"","type":"textarea","id":"24011"}},{"content title":{"value":"","type":"text","id":"24012"},"content":{"value":"","type":"textarea","id":"24013"}},{"content title":{"value":"","type":"text","id":"24014"},"content":{"value":"","type":"textarea","id":"24015"}}],"Date Created":[{"value":"04\/07\/2022 13:53","type":"text","id":"24016"}],"theme":[{"value":"theme15","type":"select","id":"24017"}],"Connected Service":[{"value":"306","type":"select","id":"24018"}],"Connected Sector":[{"value":"472","type":"select","id":"24019"}],"Author":[{"value":"1386","type":"select","id":"24020"}]}},{"id":"1723","sub_id":"25","order":"548","created":"2022-09-01 12:00:25","updated":"2022-09-05 09:42:08","type":"default","title":"WJM WELCOMES FOUR NEW TRAINEES ","slug":"wjm-welcomes-four-trainees","search_title":"WJM WELCOMES FOUR NEW TRAINEES","search_content":"WJM WELCOMES FOUR NEW TRAINEES 9 1662367323Capture PNG 1 Wright Johnston Mackenzi ha welcom aspir solicitor Scottish offices Thoma Fairbairn studi Univers Glasgow join firm Edinburgh team Loi Legg studi Univers Aberdeen Univers Glasgow ha a posit Inver office Carol Baxter Angu Rutherford studi Univers Glasgow start legal career firm Glasgow office The traine solicitor complet LLB 2019 2021 befor complet Diploma Legal Practic commenc two year traineeship befor becom fulli qualifi solicitors Dur trainees placement WJM thei gain experi a rang practic area includ privat client corpor famili law rotat spend time a depart everi 6 months The firm traine posit ar huge competit hundr law graduat appli role everi year Fraser Gilli Manag Partner WJM said \u201cWhen a cohort traine seek academ excel ambit a client centr approach law We understand a career law requir a dynam creativ approach celebr trait them \u201cAll traine realli impress recruit process ar thoroughli forward watch grow develop roles \u201d One traine Loi Legg said \u201cI m incred happi join WJM It a larg firm I ll opportun work a wide rang client special I realli people centr etho approach team member are I m realli excit learn area busi gain invalu experi firm \u201d 01 09 2022 12 00 themeDarkPurpl 257 23 228","seo_title":"","seo_keywords":"","seo_description":"","template":"newsarticle","layout":"","logic":"","innav":"1","hide_in_cms":"0","redchild":"0","frontpage":"0","lock":"0","listing_container":"0","draft_for_page_id":"0","allow_delete":"1","allow_update":"1","published":"1","data1":"Jan","data2":"","data3":"","trail":[],"subs":[],"url":"https:\/\/www.wjm.co.uk\/news\/wjm-welcomes-four-trainees","pagedata":{"Category":[{"value":"9","type":"select","id":"24230"}],"Image":[{"value":"1662367323Capture.PNG","type":"image","id":"24231"}],"Main Image Status":[{"value":"1","type":"select","id":"24232"}],"content":[{"value":"

Wright, Johnston & Mackenzie has welcomed four new aspiring solicitors across three of its Scottish offices.<\/strong><\/p>\r\n

Thomas Fairbairn, who studied at the University of Glasgow, joins the firm’s Edinburgh team, and Lois Legge, who studied at the University of Aberdeen and the University of Glasgow, has taken up a position in the Inverness office.<\/p>\r\n

Carol Baxter and Angus Rutherford, who both studied at the University of Glasgow, will be starting their legal careers in the firm’s Glasgow office.<\/p>\r\n

The trainee solicitors completed their LLBs between 2019 and 2021 before going on to complete their Diplomas in Legal Practice and will now commence their two-year traineeship before becoming fully qualified solicitors.<\/p>\r\n

During the trainees’ placements with WJM, they will gain experience in a range of practice areas including private client, corporate, and family law, rotating to spend time in a new department every 6 months.<\/p>\r\n

The firm’s trainee positions are hugely competitive with hundreds of law graduates applying for the roles every year.<\/p>\r\n

Fraser Gillies, Managing Partner at WJM, said: “When taking on a new cohort of trainees, we seek academic excellence, ambition, and a client-centric approach to law. We understand that a career in law requires a dynamic and creative approach, so we look for and celebrate those traits when we see them.<\/p>\r\n

“All four of our new trainees have really impressed us throughout the recruitment process, and we are thoroughly looking forward to watching them grow and develop into their roles.”<\/p>\r\n

One of the new trainees, Lois Legge, said: “I’m incredibly happy to be joining WJM. It’s a large firm where I’ll have the opportunity to work across a wide range of clients and specialisms, but I also really like their people-centred ethos and how approachable the team members are. I’m really excited to learn more about each area of the business and to gain some invaluable experience with the firm.”<\/p>","type":"textarea","id":"24233"}],"Sub Sections":[{"content title":{"value":"","type":"text","id":"24234"},"content":{"value":"","type":"textarea","id":"24235"}},{"content title":{"value":"","type":"text","id":"24236"},"content":{"value":"","type":"textarea","id":"24237"}},{"content title":{"value":"","type":"text","id":"24238"},"content":{"value":"","type":"textarea","id":"24239"}},{"content title":{"value":"","type":"text","id":"24240"},"content":{"value":"","type":"textarea","id":"24241"}}],"Date Created":[{"value":"01\/09\/2022 12:00","type":"text","id":"24242"}],"theme":[{"value":"themeDarkPurple","type":"select","id":"24243"}],"Connected Service":[{"value":"257","type":"select","id":"24244"}],"Connected Sector":[{"value":"23","type":"select","id":"24245"}],"Author":[{"value":"228","type":"select","id":"24246"}]}},{"id":"1737","sub_id":"25","order":"554","created":"2022-10-07 11:30:44","updated":"2022-10-07 11:37:37","type":"default","title":"Developments and Divergence in Data","slug":"developments-and-divergence-in-data","search_title":"Develop Diverg Data","search_content":"Develop Diverg Data 9 1665139014Itech86482086 jpg 1 The UK data protect regim line a shakeup princip a signific bill befor Parliament \u2013 overal increas complex businesses Recent sever develop relat data protection On 18 Juli Govern introduc Data Protect Digit Informat Bill togeth a polici paper artifici intellig dai Informat Commissioner Office put strateg three year plan \u201cICO25\u201d annual conference On 21 Juli US UK releas a joint statement announc intent bring forc Data Access Agreement Data Access AgreementTak develop agreement sign 2019 aim co oper UK US investig nation gain access vital electron data law enforc agenc access evid \u201cbring offend justice\u201d Although statement declar agreement \u201ccompromis erode\u2026 human freedoms\u201d US access person data uncertain thi affect UK EU adequaci status The agreement forc 3 October 2022 ICO25ICO25 open consult 22 Septemb finalis autumn One main initi propos involv reduc complianc cost busi publish previou advic addit complianc templates Howev bill overhaul ICO oper ICO25 progress consult carefulli considered Data Protect BillTh bill long complex aim innov reduc complianc burden but below Focus mani chang exist data protect privaci legisl notabl chang current propos include Person data \u2013 A subject approach determin inform person data anonymous Thi effect data regul EU UK affect UK EU adequaci decision Cooki track propos \u2013 Again contrari European rout bill propos relax consent requir regard cooki particularli inform collect statist purpos order improv a websit service Web user ar choic opt cooki track a browser Data protect impact assess \u201cDPIAs\u201d record process activ \u201cROPAs\u201d \u2013 DPIA ar propos scrap replac carri assess high risk process in wai thi differ DPIA materialise Similarli ROPA ar replac a \u201crecord process person data\u201d DPO \u2013 The oblig a data protect offic circumst removed Instead public bodi high risk process entiti ar appoint a \u201csenior respons individual\u201d a member oppos report senior management Without guidanc thi external outsourc DPO face issues The ICO \u2013 Signific chang ar propos abolit offic Informat Commission a govern structur transfer function a statutori bodi Informat Commiss power such compel individuals attend criminal civil interviews In short Govern propos involv bodi it ha describ elsewher polit control line regul potenti odd EU consid UK independ regul person data Autom decis make \u2013 The individu challeng autom decis make propos refram restrict signific decis oppos decis produc legal similarli signific effects Thi form part discuss relat AI system propos regul these DSAR \u2013 At moment data subject access request ar treat \u201cpurpos blind\u201d a avail matter purpos request major case cost individual The bill propos a broader rang circumst organis refus respond charg a fee DSAR ar regard \u201cvexati excessive\u201d such request made good faith intend caus distress \u201cabus process\u201d Internat transfer person data \u2013 Sever signific chang ar propos includ a \u201cdata protect test\u201d met standard protect process \u201cnot materi lower\u201d UK GDPR part Data Protect Act 2018 Howev requir consid countri ha \u201cindepend authority\u201d an EU requirement remov a requir consid \u201cthe constitut tradit cultur a country\u201d guidanc avail yet Privaci Electron Commun Regul 2003 \u2013 The level enforc fine GDPR scale \u00a317 5 million 4 global turnov whichev higher changes Legitim interest \u2013 The exist balanc test activ dropped Access customer busi data \u2013 Regul propos make data holder disclos custom busi data custom parti a relat processing retent data The bill earli stage recommend pai close attent progress If pass win organis such relat DSARs thei a cost lower standard individu a potenti dual regulatori approach entiti oper internation greatli increas fine market breach overal a gener increas complexity Given organis ar reel GDPR remain hope UK lose EU adequaci decis relat data aim bill togeth US UK Data Access Agreement doe thi likely \u00a0 Thi articl The Journal 07 10 2022 11 31 themeEmerald 267 463 1195","seo_title":"","seo_keywords":"","seo_description":"","template":"newsarticle","layout":"","logic":"","innav":"1","hide_in_cms":"0","redchild":"0","frontpage":"0","lock":"0","listing_container":"0","draft_for_page_id":"0","allow_delete":"1","allow_update":"1","published":"1","data1":"Jan","data2":"","data3":"","trail":[],"subs":[],"url":"https:\/\/www.wjm.co.uk\/news\/developments-and-divergence-in-data","pagedata":{"Category":[{"value":"9","type":"select","id":"24456"}],"Image":[{"value":"1665139014Itech86482086.jpg","type":"image","id":"24457"}],"Main Image Status":[{"value":"1","type":"select","id":"24458"}],"content":[{"value":"

The UK’s data protection regime is in line for a shakeup, principally through a significant bill now before Parliament – which could mean an overall increase in complexity for some businesses.<\/strong><\/p>\r\n

Recently there have been several developments in relation to data protection. On 18 July, the Government introduced the Data Protection and Digital Information Bill, together with a policy paper on artificial intelligence, and the next day, the Information Commissioner’s Office put forth its strategic three-year plan (“ICO25”) at its annual conference. On 21 July the US and UK released a joint statement announcing their intention to bring into force the Data Access Agreement.<\/p>\r\n

Data Access Agreement<\/strong>
Taking the last development first, the agreement (signed in 2019) aims to further co-operation between the UK and US, by allowing investigators in both nations to gain better access to vital electronic data, and law enforcement agencies to access evidence needed to “bring offenders to justice”. Although the statement declares the agreement will not “compromise or erode… human rights and freedoms”, it will allow the US to access personal data and it is uncertain how this will affect the UK’s EU adequacy status. The agreement will come into force on 3 October 2022.<\/p>\r\n

ICO25<\/strong>
ICO25 is open for consultation until 22 September and will be finalised in the autumn. One of the main initiatives proposed involves reducing compliance costs for businesses by publishing previous advice and additional compliance templates. However, given that the new bill will overhaul the ICO and its operations, how ICO25 progresses after the consultation should be carefully considered.<\/p>\r\n

Data Protection Bill<\/strong>
The bill is long and complex, and aims to allow more innovation and reduce compliance burdens (but see below). Focusing on the many changes to existing data protection and privacy legislation, some of the notable changes currently proposed include:<\/p>\r\n

Personal data<\/strong> – A more subjective approach would determine whether information is personal data or anonymous. This could have the effect of certain data being regulated in the EU but not the UK, and could affect the UK’s EU adequacy decision.<\/p>\r\n

Cookies and tracking proposals<\/strong> – Again, contrary to the European route, the bill proposes to relax consent requirements regarding cookies, particularly for information collected for statistical purposes or in order to improve a website or service. Web users are also to be given the choice of opting in or out of cookie tracking while in a browser.<\/p>\r\n

Data protection impact assessments (“DPIAs”) and records of processing activities (“ROPAs”)<\/strong> – DPIAs are proposed to be scrapped and replaced with the need to carry out an assessment of high risk processing (in what way this will differ from DPIAs is yet to materialise). Similarly ROPAs are to be replaced with a “record of processing personal data”.<\/p>\r\n

DPOs<\/strong> – The obligation to have a data protection officer in some circumstances is to be removed. Instead, public bodies and high risk processing entities are to appoint a “senior responsible individual”, to be a member of, as opposed to reporting to, senior management. Without further guidance, this could mean external\/outsourced DPOs will face issues.<\/p>\r\n

The ICO itself<\/strong> – Significant changes are proposed here, with the abolition of the office of Information Commissioner, a new governance structure and the transfer of functions to a new statutory body, the Information Commission, with new powers (such as to compel individuals’ attendance at criminal\/civil interviews). In short, the Government is proposing much more involvement with the new body (it has been described elsewhere as political control), which is along the lines of other regulators but again potentially at odds with the EU, should it consider there to be no UK independent regulator of personal data.<\/p>\r\n

Automated decision making<\/strong> – The right of individuals to challenge automated decision making is proposed to be reframed and restricted to significant decisions, as opposed to decisions that produce legal or similarly significant effects. This will form part of the next discussion in relation to AI systems and proposed regulations on these.<\/p>\r\n

DSARs<\/strong> – At the moment data subject access requests are to be treated as “purpose blind”, a right available no matter the purpose behind the request and in the majority of cases at no cost to the individual. The bill proposes a broader range of circumstances in which organisations can refuse to respond, or charge a fee where DSARs are regarded as “vexatious or excessive” (such as requests not made in good faith, intended to cause distress, or an “abuse of process”).<\/p>\r\n

International transfers of personal data<\/strong> – Several significant changes are proposed, including a new “data protection test”, met if the standard of protection for processing is “not materially lower” than that of the UK GDPR and parts of the Data Protection Act 2018. However the requirement to consider whether the country has an “independent authority” (an EU requirement) would be removed; there would be a new requirement to consider “the constitution, traditions and culture of a country”, on which no guidance is available as yet.<\/p>\r\n

Privacy and Electronic Communications Regulations 2003<\/strong> – The level of enforcement fines is to be on the GDPR scale (£17.5 million or 4% of global turnover, whichever is higher), among other changes.<\/p>\r\n

Legitimate interests<\/strong> – The existing balancing test for some activities would be dropped.<\/p>\r\n

Access to customer\/business data<\/strong> – Regulations can be proposed to make data holders disclose customer and business data to customers or third parties (as well as in relation to the processing\/retention of such data).<\/p>\r\n

The bill is at an early stage and we recommend paying close attention to its progress. If it passes, although there will be some wins for organisations (such as in relation to DSARs), they come at a cost of lowered standards for individuals, a potential dual regulatory approach for entities which operate internationally, greatly increased fines for marketing breaches and overall a general increase in complexity. Given some organisations are still reeling from GDPR, we remain hopeful that the UK will not lose its EU adequacy decision in relation to data, but taking into consideration the aims of the bill together with the US\/UK Data Access Agreement, does this seem likely?<\/p>\r\n

 <\/p>\r\n

This article first appeared in The Journal<\/em><\/p>","type":"textarea","id":"24459"}],"Sub Sections":[{"content title":{"value":"","type":"text","id":"24460"},"content":{"value":"","type":"textarea","id":"24461"}},{"content title":{"value":"","type":"text","id":"24462"},"content":{"value":"","type":"textarea","id":"24463"}},{"content title":{"value":"","type":"text","id":"24464"},"content":{"value":"","type":"textarea","id":"24465"}},{"content title":{"value":"","type":"text","id":"24466"},"content":{"value":"","type":"textarea","id":"24467"}}],"Date Created":[{"value":"07\/10\/2022 11:31","type":"text","id":"24468"}],"theme":[{"value":"themeEmerald","type":"select","id":"24469"}],"Connected Service":[{"value":"267","type":"select","id":"24470"}],"Connected Sector":[{"value":"463","type":"select","id":"24471"}],"Author":[{"value":"1195","type":"select","id":"24472"}]}},{"id":"1988","sub_id":"25","order":"700","created":"2024-09-02 15:00:12","updated":"2026-04-29 09:45:36","type":"default","title":"Divorce FAQs \u2013 we\u2019ve decided to get divorced, but what happens next?","slug":"divorce-faqs--weve-decided-to-get-divorced-but-what-happens-next","search_title":"Divorc FAQ ndash we rsquo ve decid divorc happen next","search_content":"Divorc FAQ \u2013 we ve decid divorc happen next 26 1777280072shutterstock 2304754689 jpg Go a divorc a stress uncertain time mani question separ wai possibl family Our Famili Law team answer frequent question below For inform advic contact WJM Famili Law team on\u00a0family wjm co uk How I divorc Scotland To divorc Scotland appli court review situat if thei ar content so thei grant divorce The process appli court differ depend circumstances It a simplifi divorc applic a involv process ordinari procedure Gener speak abl utilis simplifi divorc procedur financ resolv ar children marriag ar ag 16 Otherwis rais divorc proceed ordinari procedure What ar legal ground divorce Ther onli ground divorc Scotland \u2013 irretriev breakdown marriage Thi proven ways 1 Adultery2 Unreason behaviour3 One year non cohabit spouse consent and4 Two years non cohabit consent requir spouse Do I spouse consent divorced It depend circumst always If separ year ar seek ground year non cohabit spous consent divorce Howev year non cohabit i e live togeth a marri coupl civil partners proce consent \u2013 albeit thei defend action How long doe divorc usual take A straightforward simplifi divorc a month make applic divorc granted Howev complex case particularli involv financ children significantli longer sometim a year more What differ a simplifi divorc ordinari divorce A simplifi divorc quicker cheaper onli suitabl ar financi disput resolv ar children ag 16 An ordinari divorc ar disagr financ children ar involv parti separ a year An ordinari divorc involv a detail court process Howev outcom divorc decre state process used How properti divid a Scottish divorce Scotland follow principl fair sharing Thi usual equal divis matrimoni property Howev thi impact variou special circumst argument made What count matrimoni property Matrimoni properti includ asset debt built dure marriage Thi includ famili home save pensions Asset befor marriag receiv gift inherit parti dure marriag remain form thei receiv ar usual excluded How ar pension debt dealt divorce Pens built dure marriag ar typic includ share follow obtain a pension valuation These valuat ar cash equival transfer valu CETVs Debt ar included Again debt built dure cours marriage What happen famili home divorce Th famili home signific asset make part matrimoni property It mai sold transfer spous retain temporarili agre parties The outcom alwai depend fair reason circumst regard Scottish legisl set Famili Law Scotland Act 1985 How ar arrang made children includ thei live contact parent Par ar encourag agre arrang themselv focuss interest child Howev agreement reach court decid matter resid contact Thei make order base child or children s interests How child mainten calculated Child mainten calcul base non resid parent incom \u2013 i e incom parent child spend nights The Child Mainten Servic provid a calcul ascertain this Do I a solicitor cost You ar requir a solicitor particularli a simplifi divorce Howev legal advic strongli recommend financ children ar involved It note onc ar divorc court financi order therefor ar simplifi divorc procedur sensibl discuss matter a solicitor instance Cost vari significantli depend complex case Can reach agreement court Yes Mani coupl resolv matter themselves Altern thei negoti a solicitor led process mediat collabor law These avoid court involv reach agreement relat childcar and or finances What happen spous doe co operate Y proce divorce The court make decis absenc agreement ensur process move forward quickli smoothli possibl circumstances When divorc final legal financi claim made afterwards A divorc becom final court grant Decre Divorce There two stage process England Importantli financi claim Scotland alwai resolv befor divorc grant ar lost divorce 27 04 2026 09 00 1 2216","seo_title":"","seo_keywords":"","seo_description":"","template":"newsarticle","layout":"","logic":"","innav":"0","hide_in_cms":"0","redchild":"0","frontpage":"0","lock":"0","listing_container":"0","draft_for_page_id":"0","allow_delete":"1","allow_update":"1","published":"1","data1":"Lesley Pert","data2":"","data3":"","trail":[],"subs":[],"url":"https:\/\/www.wjm.co.uk\/news\/divorce-faqs--weve-decided-to-get-divorced-but-what-happens-next","pagedata":{"Category":[{"value":"26","type":"select","id":"28117"}],"Image":[{"value":"1777280072shutterstock_2304754689.jpg","type":"image","id":"28118"}],"content":[{"value":"

Going through a divorce can be a stressful and uncertain time, with many questions about how to go about your separation in the best way possible for you, and your family.
Our Family Law team have answered some frequently asked questions below.
For further information and advice, contact the WJM Family Law team on 
family@wjm.co.uk<\/a><\/p>\r\n

How do I get divorced in Scotland?<\/strong>
To get divorced in Scotland, you must apply to the court for them to review your situation and then (if they are content do so) they will grant your divorce. The process by which you can apply to the court will differ depending on your circumstances. It can either be done via a simplified divorce application, or through a more involved process known as the ordinary procedure. Generally speaking, you will be able to utilise the simplified divorce procedure if your finances have been resolved and there are no children of the marriage who are under the age of 16. Otherwise, you will need to raise divorce proceedings using the ordinary procedure.<\/p>\r\n

What are the legal grounds for divorce?<\/strong>
There is only one ground for divorce in Scotland – irretrievable breakdown of the marriage. This can be proven in one of four ways:
1. Adultery
2. Unreasonable behaviour
3. One year’s non-cohabitation, with the other spouse’s consent, and
4. Two years’ non-cohabitation, and no consent is required from the other spouse.<\/p>\r\n

Do I need my spouse’s consent to get divorced?<\/strong>
It will depend on your circumstances, but no, not always. If you have been separated for one year and are seeking to use the ground of one year’s non-cohabitation, then your spouse must consent to the divorce. However, after two years of non-cohabitation (i.e. not living together as a married couple or civil partners), you can proceed without their consent – albeit, they could still defend the action.<\/p>\r\n

How long does divorce usually take?<\/strong>
A straightforward, simplified divorce can just take a few months from making the application to seeing the divorce granted. However, more complex cases, particularly those involving finances and children, can take significantly longer, sometimes a year or even more.<\/p>\r\n

What is the difference between a simplified divorce and an ordinary divorce?<\/strong>
A simplified divorce is quicker and cheaper, but only suitable where there are no financial disputes to be resolved and there are no children under the age of 16. An ordinary divorce is used where there are disagreements about finances, where children are involved or where parties have not been separated for a year. An ordinary divorce involves a more detailed court process. However, the outcome would be the same and the divorce decree would not state which process had been used.<\/p>\r\n

How is property divided in a Scottish divorce?<\/strong>
Scotland follows the principle of fair sharing. This usually means an equal division of matrimonial property. However, this can be impacted by various special circumstances arguments that can be made.<\/p>\r\n

What counts as matrimonial property?<\/strong>
Matrimonial property includes assets and debts built up during the marriage. This can include family homes, savings and pensions. Assets owned before the marriage or received as gifts or inheritance from third parties during the marriage and remain in the same form in which they were received are usually excluded.<\/p>\r\n

How are pensions and debts dealt with on divorce?<\/strong>
Pensions built up during the marriage are typically included and can be shared following the obtaining of a pension valuation. These valuations are known as cash equivalent transfer values (CETVs).
Debts are also included. Again, what will be looked at is the debt built up during the course of the marriage.<\/p>\r\n

What happens to the family home when we divorce?<\/strong>
The family home is often one of the most significant assets that make up part of the matrimonial property. It may be sold, transferred to one spouse, or retained temporarily if agreed between parties. The outcome will always depend on what is fair and reasonable in the circumstances having regard to the Scottish legislation that is set out in the Family Law (Scotland) Act 1985.<\/p>\r\n

How are arrangements made for children, including where they live and contact with each parent?
Parents are encouraged to agree arrangements themselves, focussing on the best interests of the child. However, if agreement cannot be reached, the court can decide matters such as residence and contact. They make orders based on what is in the child (or children’s) best interests.<\/p>\r\n

How is child maintenance calculated?<\/strong>
Child maintenance is calculated based on the non-resident parent’s income – i.e. the income of the parent with whom the child spends less nights. The Child Maintenance Service provides a calculator that can be used to ascertain this.<\/p>\r\n

Do I need a solicitor, and how much will it cost?<\/strong>
You are not required to have a solicitor, particularly for a simplified divorce. However, legal advice is strongly recommended where finances and children are involved. It should be noted that once you are divorced, you cannot ask the court for financial orders and therefore, even if you are using the simplified divorce procedure, it would be sensible to discuss matters with a solicitor in the first instance.
Costs can vary significantly depending on complexity of the case.<\/p>\r\n

Can we reach an agreement without going to court?<\/strong>
Yes. Many couples resolve matters between themselves. Alternatively, they can do so via negotiation, which is a solicitor led process, or by mediation or collaborative law. These all avoid the need for the court to be involved in the reaching of agreement relating to childcare and\/or finances.<\/p>\r\n

What happens if my spouse does not co-operate?<\/strong>
You can still proceed with the divorce. The court can make decisions in the absence of agreement and ensure that the process moves forward as quickly and as smoothly as possible given the circumstances.<\/p>\r\n

When is divorce finally legal, and can financial claims still be made afterwards?<\/strong>
A divorce becomes final when the court grants Decree of Divorce. There is no two-stage process like there is in England.<\/p>\r\n

Importantly, financial claims in Scotland should always be resolved before the divorce is granted as these rights are lost on divorce.<\/p>","type":"textarea","id":"28119"}],"Date Created":[{"value":"27\/04\/2026 09:00","type":"text","id":"28120"}],"Main Image Status":[{"value":"1","type":"select","id":"28121"}],"theme":[{"value":"themeBlue","type":"select","id":"28122"}],"Connected Service":[{"value":"0","type":"select","id":"28123"}],"Connected Sector":[{"value":"0","type":"select","id":"28124"}],"Author":[{"value":"2216","type":"select","id":"28125"}]}}]