[{"id":"9","sub_id":"6","order":"1","created":"2014-08-25 15:09:32","updated":"2021-01-26 16:36:47","type":"default","title":"Sectors","slug":"sectors","search_title":"Sector","search_content":"Sector Sector Her you ll find inform services Each entri show WJM The Place Practic Advice Each entri provid a descript servic show kei reason WJM firm practic cost effect advic specialist areas WJM a full servic law firm becaus make sens client make sens us 1611678971Services ManProLiability jpg","seo_title":"","seo_keywords":"","seo_description":"","template":"services","layout":"","logic":"","innav":"1","hide_in_cms":"0","redchild":"0","frontpage":"0","lock":"0","listing_container":"0","draft_for_page_id":"0","allow_delete":"0","allow_update":"1","published":"1","data1":"","data2":"","data3":"","trail":[],"subs":[],"url":"https:\/\/www.wjm.co.uk\/services-and-sectors\/sectors","pagedata":{"Banner":[{"Title":{"value":"Sectors","type":"text","id":"20903"},"Description":{"value":"
Here you’ll find information about all our services. Each entry shows you how WJM can help you through being 'The Place for Practical Advice'. Each entry provides a brief description of our service and shows you the the key reasons why WJM is the firm you should use for practical and cost-effective advice in each of these specialist areas.<\/p>","type":"textarea","id":"20904"},"Subtitle":{"value":"WJM is a full service law firm because it makes sense to our clients - which means it makes sense to us.","type":"text","id":"20905"},"Image":{"value":"1611679177Services_ManProLiability.jpg","type":"image","id":"20906"}}]}},{"id":"928","sub_id":"25","order":"176","created":"2017-04-11 09:50:51","updated":"2017-07-25 13:17:38","type":"default","title":"The Future of the Scottish Planning System","slug":"the-future-of-the-scottish-planning-system","search_title":"The Futur Scottish Plan System","search_content":"The Futur Scottish Plan System Plan Scotland develop energi Scottish Govern law legal 9 1491901208blueprint jpg 1 Scotland a plan system nurtur growth unlock potenti peopl place accord Scottish Government So expect draft plan bill expect introduc autumn The Scottish Govern consult deadlin respons 4th April 2017 describ a \u00a0 root branch review Scotland plan system identifi kei area change simplifi strengthen develop plan improv commun involv plan process activ enabl co ordin develop \u00a0remov process valu strengthen leadership resourc skills Twenti propos ar made area improv role plan system deliveri home school road work place infrastructur requir Scotland prosper Scottish Govern recognis a plan l system continu offer method effect land plan invit comment propos wai thi system improved Suggest tabl improv commun involv includ the\u00a0 \u00a0introduct commun led plan social media explor mechan engag young peopl develop plan process space thei live work plai in Few argu aren t worthwhil objectives Howev introduc addit develop layer odd propos consult reduc bureaucraci strengthen plan manag process The propos a develop plan place ten year befor replaced While thi propos mai eas administr burden plan prepar question primaci develop plan maintain flexibl cope inevit chang dure period Propos enabl ordin develop includ enhanc \u201csimplifi plan zones\u201d effect plan permiss principle larger develop proposals In order address difficulti infrastructur deliveri paper propos a local levi meet cost infrastructur provis work alongsid current method contribut legal bind agreements Attempt remedi deliveri issu made England The introduct Commun Infrastructur Levi \u201cCIL\u201d wa intend address challeng surround infrastructur provision Howev a paper ha publish read Hous Bill review success CIL Thi suggest adopt a similar approach Scotland necessarili answer \u00a0there ar lesson lean local levi propos forward Propos improv plan system undoubtedli cost implications I queri system capabl deliv requir chang rais cost plan applic propos preval local author auster measures \u00a0 On hand introduc fee make appeal propos mai implic fair oper administr justice Whatev includ draft bill agre plan system change Thi consult kei WJM ar readi step 11 04 2017 09 50 themeLightOrang 286 486 594","seo_title":"","seo_keywords":"Planning, Scotland, development, energy, Scottish Government, law, legal ","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":"Margaret Hoisington","data2":"","data3":"","trail":[],"subs":[],"url":"https:\/\/www.wjm.co.uk\/news\/the-future-of-the-scottish-planning-system","pagedata":{"Category":[{"value":"9","type":"select","id":"11172"}],"Image":[{"value":"1491901208blueprint.jpg","type":"image","id":"11173"}],"Main Image Status":[{"value":"1","type":"select","id":"11174"}],"content":[{"value":"
Scotland needs a planning system which nurtures growth and unlocks the potential of our people and places according to the Scottish Government. So what can we, or should we, expect from the draft planning bill which is expected to be introduced in the autumn.<\/p>\r\n
The Scottish Government consultation, (deadline for responses is 4th April 2017), is described as a ‘root and branch’ review of Scotland’s planning system and identifies four key areas for change: to simplify and strengthen development planning; improve community involvement in the planning process; actively enable and co-ordinate development; remove processes that have no value and strengthen leadership, resources and skills.<\/p>\r\n
Twenty proposals are made within each of these areas to improve the role of the planning system in the delivery of the homes, schools, roads, work places and infrastructure required for Scotland to prosper. Scottish Government recognises that a plan-led system continues to offer the best method of effective land use planning, but invites comments on the proposals for the ways this system can be improved.<\/p>\r\n
Suggestions which have been tabled for improving community involvement include the introduction of community led plans, the use of social media and exploring mechanisms to engage young people in the development plan process for the spaces they live, work and play in. Few would argue these aren’t worthwhile objectives.<\/p>\r\n
However, introducing an additional ‘development layer’ could also be seen to be at odds with other proposals within the consultation to reduce bureaucracy and to strengthen the planning management process. The same could be said about proposals that a development plan should be in place for ten years before it is replaced. While this and other proposals may ease the administrative burden of plan preparation, we question how the primacy of the development plan can be maintained so that it is flexible enough to cope with inevitable change during that period.<\/p>\r\n
Proposals to enable and co ordinate development include the enhanced use of “simplified planning zones” (effectively planning permission in principle) for larger development proposals. In order to address difficulties in infrastructure delivery, the paper proposes a new local levy to meet costs of infrastructure provision which would work alongside the current method of contributions under legally binding agreements.<\/p>\r\n
Attempts to remedy some of these delivery issues have been made in England. The introduction of the Community Infrastructure Levy (“CIL”) was intended to address challenges surrounding infrastructure provision. However, a paper has been published to be read with the Housing Bill which reviews the success of CIL. This suggests that adopting a similar approach in Scotland is not necessarily the answer and there are lessons to be leaned in taking the local levy proposal forward.<\/p>\r\n
Proposals for the improvement of the planning system will undoubtedly have cost implications. I query whether the system would be capable of delivering the required changes without raising the costs of planning applications as is proposed, given the prevalence of local authority austerity measures. On the other hand, introducing fees for making an appeal, which is also proposed, may have implications for the fair operation of administrative justice.<\/p>\r\n
Whatever is included in the draft bill, it is agreed that the planning system needs to change. This consultation is key, and we at WJM are ready for the next step.<\/p>","type":"textarea","id":"11175"}],"Sub Sections":[{"content title":{"value":"","type":"text","id":"11176"},"content":{"value":"","type":"textarea","id":"11177"}},{"content title":{"value":"","type":"text","id":"11178"},"content":{"value":"","type":"textarea","id":"11179"}},{"content title":{"value":"","type":"text","id":"11180"},"content":{"value":"","type":"textarea","id":"11181"}},{"content title":{"value":"","type":"text","id":"11182"},"content":{"value":"","type":"textarea","id":"11183"}}],"Date Created":[{"value":"11\/04\/2017 09:50","type":"text","id":"11184"}],"theme":[{"value":"themeLightOrange","type":"select","id":"11185"}],"Connected Service":[{"value":"286","type":"select","id":"11186"}],"Connected Sector":[{"value":"486","type":"select","id":"11187"}],"Author":[{"value":"594","type":"select","id":"11188"}]}},{"id":"25","sub_id":"0","order":"8","created":"2014-09-03 16:35:11","updated":"2021-02-09 19:41:32","type":"default","title":"News","slug":"news","search_title":"New","search_content":"New 1 New Update Our sector knowledg wide rang outstand individu firm recognis specialist field thei say Keep up to dat latest chang legal landscap individu busi alik 1612870430Sectors LeisHosp jpg 2","seo_title":"","seo_keywords":"","seo_description":"","template":"news","layout":"","logic":"","innav":"1","hide_in_cms":"0","redchild":"0","frontpage":"0","lock":"0","listing_container":"1","draft_for_page_id":"0","allow_delete":"0","allow_update":"1","published":"1","data1":"","data2":"","data3":"","trail":[],"subs":[],"url":"https:\/\/www.wjm.co.uk\/news","pagedata":{"Category":[{"value":"1","type":"select","id":"11694"}],"Banner":[{"Title":{"value":"News & Updates","type":"text","id":"20907"},"Description":{"value":"
Our sector knowledge is wide-ranging with outstanding individuals in the firm recognised as specialists in their field, see what they have to say.<\/p>","type":"textarea","id":"20908"},"Subtitle":{"value":"Keep up-to-date with the latest changes in the legal landscape for individuals and businesses alike","type":"text","id":"20909"},"Image":{"value":"1612870430Sectors_LeisHosp.jpg","type":"image","id":"20910"}}],"Main Image Status":[{"value":"2","type":"select","id":"11696"}],"content":[{"value":"","type":"textarea","id":"11697"}]}},{"id":"789","sub_id":"25","order":"123","created":"2016-02-16 11:48:45","updated":"2017-02-07 10:44:00","type":"default","title":"The Scottish Rate of Income Tax","slug":"the-scottish-rate-of-income-tax","search_title":"The Scottish Rat Income Tax","search_content":"The Scottish Rat Income Tax The Scottish Rat Of Income Tax WJM New The Scottish Rat Income Tax As part chang introduc Scotland Act 2012 Scottish Rat Income Tax SRIT due effect 6th April 2016 8 1 As part chang introduc Scotland Act 2012 Scottish Rat Income Tax SRIT due effect 6th April 2016 Thi rate onli appli Scottish tax pay ha set Scottish govern 10 How SRIT work The basic higher addit rate tax reduc 10 The rate 10 set Scottish govern replac thi 10 reduct \u2013 2016 17 basic higher addit rate taxpay tax 20 40 45 respectively The SRIT onli appli incom receiv individu employ self employ pension trust rental property The rate dividend capit gain bank interest affect rate ar control UK government The Scottish parliament doe current power chang incom tax band Scottish tax pay remain rest UK As a result 2016 17 Scottish taxpay wors UK taxpayers \u00a0 The SRIT collect HMRC HMRC issu Scottish tax pay a special S tax code ensur incom tax Scottish rate Who qualifi a Scottish tax payer The definit a Scottish tax pay focus a person live or resides thei work For major question thei ar a Scottish tax pay rel simpl thei a UK resid live sole Scotland make a Scottish tax payer thei live elsewher UK unaffect rate Howev determin thei ar a Scottish tax pay complex Individu resid UK establish thei spent time dure tax year their \u201cmain place residence\u201d Thi mostli determin count dai thei spent Scotland spent elsewher UK If thei spent dai Scotland thei qualifi a Scottish tax payer \u00a0 Other factor mai determin a person main place resid includ thei ar regist vote thei regist a doctor dentist thei major possess children attend school \u00a0 HMRC ar send letter individu class Scottish taxpay 2016 17 tax year Further changes The Scotland Bill 2015 current parliament aim devolv power Scottish parliament One power abil set incom tax rate bands If bill pass Westminst Holyrood receiv Royal Assent expect spring give Scottish parliament complet control incom tax band rate Scottish taxpayers Howev SRIT Scottish parliament abl chang tax rate save incom e g bank interest dividend income In addit control person capit gain retain Westminst tax continu collect HMRC 16 02 2016 11 48 themePink 277 115","seo_title":"The Scottish Rate Of Income Tax | WJM News","seo_keywords":"The Scottish Rate of Income Tax","seo_description":"As part of the changes that were introduced in the Scotland Act 2012, the Scottish Rate of Income Tax (SRIT) is due to come into effect on 6th April 2016.","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":"Steven Docherty","data2":"","data3":"","trail":[],"subs":[],"url":"https:\/\/www.wjm.co.uk\/news\/the-scottish-rate-of-income-tax","pagedata":{"Category":[{"value":"8","type":"select","id":"9148"}],"Image":[{"value":"","type":"image","id":"9149"}],"Main Image Status":[{"value":"1","type":"select","id":"9150"}],"content":[{"value":"
As part of the changes that were introduced in the Scotland Act 2012, the Scottish Rate of Income Tax (SRIT) is due to come into effect on 6th April 2016.<\/p>\r\n
This new rate will only apply to Scottish tax-payers and has been set by the Scottish government at 10%.<\/p>\r\n
How will SRIT work?<\/strong><\/p>\r\nThe basic, higher and additional rates of tax will each be reduced by 10%. The new rate of 10% set by the Scottish government will replace this 10% reduction – so for 2016\/17 basic, higher and additional rate taxpayers will be taxed at 20, 40 and 45% respectively.<\/p>\r\n
The SRIT will only apply to income received by an individual from employment, self-employment, pensions, trusts and rental property. The rates for dividends, capital gains and bank interest will not be affected as these rates are still controlled by the UK government.<\/p>\r\n
The Scottish parliament does not currently have the power to change the income tax bands so for Scottish tax-payers these will remain the same as for the rest of the UK.<\/p>\r\n
As a result, for 2016\/17 Scottish taxpayers will be no better or worse off than UK taxpayers. <\/p>\r\n
The SRIT will be collected by HMRC. HMRC will issue each Scottish tax-payer with a special ‘S’ tax code to ensure that their income is taxed at the Scottish rate.<\/p>\r\n
Who qualifies as a Scottish tax-payer?<\/strong><\/p>\r\nThe definition of a Scottish tax-payer is focused on where a person lives (or resides) rather than where they work. For the majority, the question of whether they are a Scottish tax-payer will be relatively simple as they will either be a UK resident who lives solely in Scotland, (making them a Scottish tax-payer) or they will live elsewhere in the UK and be unaffected by the new rate. However, for some, determining whether they are a Scottish tax-payer is more complex.<\/p>\r\n
Individuals who have more than one residence in the UK will need to establish where they spent more time during the tax year (their “main place of residence”). This will mostly be determined by counting the days they spent in Scotland and spent elsewhere in the UK. If they spent more days in Scotland then they qualify as a Scottish tax-payer. <\/p>\r\n
Other factors that may help determine a person’s main place of residence include where they are registered to vote; where they have registered with a doctor\/dentist; where they keep the majority of their possessions and where their children attend school. <\/p>\r\n
HMRC are sending letters to individuals who will be classed as Scottish taxpayers for the 2016\/17 tax year.<\/p>\r\n
Further changes?<\/strong><\/p>\r\nThe Scotland Bill 2015 is currently going through parliament with the aim of devolving more powers to the Scottish parliament. One of these powers is the ability to set income tax rates and bands. If the bill passes through Westminster, Holyrood, and receives Royal Assent (expected next spring), it will give the Scottish parliament complete control over the income tax bands and rates for Scottish taxpayers.<\/p>\r\n
However, as with the SRIT, the Scottish parliament will not be able to change the tax rates on savings income (e.g. bank interest) or dividend income. In addition, control over personal allowances and capital gains will be retained by Westminster and taxes will continue to be collected by the HMRC.<\/p>","type":"textarea","id":"9151"}],"Sub Sections":[{"content title":{"value":"","type":"text","id":"9152"},"content":{"value":"","type":"textarea","id":"9153"}},{"content title":{"value":"","type":"text","id":"9154"},"content":{"value":"","type":"textarea","id":"9155"}},{"content title":{"value":"","type":"text","id":"9156"},"content":{"value":"","type":"textarea","id":"9157"}},{"content title":{"value":"","type":"text","id":"9158"},"content":{"value":"","type":"textarea","id":"9159"}}],"Date Created":[{"value":"16\/02\/2016 11:48","type":"text","id":"9160"}],"theme":[{"value":"themePink","type":"select","id":"9161"}],"Connected Service":[{"value":"277","type":"select","id":"9162"}],"Connected Sector":[{"value":"0","type":"select","id":"9163"}],"Author":[{"value":"115","type":"select","id":"9164"}]}},{"id":"876","sub_id":"25","order":"158","created":"2016-11-11 10:36:20","updated":"2017-02-07 12:20:57","type":"default","title":"Premature Babies and Maternity Leave \u2013 The Legal Position","slug":"premature-babies-and-maternity-leave--the-legal-position","search_title":"Prematur Babi Matern Leav ndash The Legal Posit","search_content":"Prematur Babi Matern Leav \u2013 The Legal Posit Prematur Babi And Matern Leav \u2013 The Legal Posit Prematur birth legal law matern leav Scotland law firm Mother prematur babi ar campaign statutori matern leav extend mother give birth early Read WJM News 6 1478862103Family jpg 1 Mother prematur babi ar campaign statutori matern leav extend mother give birth early \u00a0The \u201cSmallest Things\u201d Campaign seek weeks extra leav everi week parent prematur children spend wait children home hospital On 26th October 2016 Labour MP Steve Reed made a Motion Parliament a Full Debat potenti chang law matern leav account prematur births \u00a0 He propos introduct Matern Patern Leav Prematur Birth Bill amend Part 8 Employment Right Act 1996 make provis matern patern leav parent babi born prematurely Birth Trigger Matern Leav If a babi born earli matern leav ha alreadi commenc mother leav start dai babi wa born \u00a0 An employee matern leav trigger absent work a pregnanc relat reason week period befor expect week confin EWC Mother ar entitl 52 week leav made 26 week ordinari matern leav 26 week addit matern leave \u00a0 There current mechan matern leav law leav longer babi ar born prematurely Mother 26 week servic ar entitl 39 week statutori matern pay Even a birth prematur mother notifi employ reason practicable That ha birth earli The date babi wa born \u00a0 Employer re calcul matern leav end date It employ mother alreadi discuss matern leav begin end base employee EWC \u00a0 Howev earli birth trigger start matern leave \u00a0 As statutori matern leav set 52 week thi end employee matern leav brought forward Possibl Chang Matern Leave Two Option The option chang statutori matern leav account prematur birth put forward The Smallest Thing Campaign suggest introduct week leav week parent prematur children spend wait hospit children home Another option put forward Bliss a chariti babi born prematur sick mother give birth earli guarante 12 month leav start origin EWC \u00a0 Is chang Matern Law The propos chang rais a number issues Will extend period leav paid unpaid The extend period leav extend protect period \u00a0 Thi a period dure pregnant mother ar protect unlaw pregnanc relat discrimination \u00a0 The protect period begin woman becom pregnant end end ordinari matern leav addit matern leav employe doe leav end period week begin end pregnanc Right share parent leav affected The earliest date a pregnant mother start matern leav 11th week befor EWC child born earlier \u00a0Mani mother elect start matern leav 25 weeks \u00a0 What posit babi arriv prematurely \u00a0 Is leav extend automat circumst mother matern leav befor babi wa born While amend law rel straightforward unlik employ face a requir futur provid extra leav prematur births \u00a0 Privat Members Bill rare enact a spokesman Depart Busi Energi Industri Strategi ha \u201cThe UK matern system gener world \u00a0 The current system strike balanc mum includ babi ha born prematur employers\u201d Conclus Employer bear mind a prematur birth stress event a parent face ar step employ support employe thi situation Where a mother give birth earli line manag encourag strike balanc between Keep touch employe provid support for exampl Employe Assistanc Programme discuss impact matern leav Reorganis parent mai left devic dure thi difficult period \u00a0 A kei wai employ support employe a prematur birth flexibl work onc matern leav ends Should ani queri matern leav \u00a0or anyth employ law pleas hesit contact a member WJM employ team 0141 248 3434 11 11 2016 10 36 themeBlu 329 101","seo_title":"Premature Babies And Maternity Leave \u2013 The Legal Position","seo_keywords":"Premature, birth, legal, law, maternity, leave, rights, Scotland, law, firm ","seo_description":"Mothers of premature babies are campaigning for statutory maternity leave to be extended where mothers give birth early. Read more on WJM News.","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":"Margaret Hoisington","data2":"","data3":"","trail":[],"subs":[],"url":"https:\/\/www.wjm.co.uk\/news\/premature-babies-and-maternity-leave--the-legal-position","pagedata":{"Category":[{"value":"6","type":"select","id":"10341"}],"Image":[{"value":"1478862103Family.jpg","type":"image","id":"10342"}],"Main Image Status":[{"value":"1","type":"select","id":"10343"}],"content":[{"value":"
Mothers of premature babies are campaigning for statutory maternity leave to be extended where mothers give birth early.<\/h5>\r\n
The “Smallest Things” Campaign is seeking one weeks’ extra leave for every week parents of premature children have to spend waiting for their children to be allowed home from hospital.<\/p>\r\n
On 26th October 2016 Labour MP Steve Reed, made a Motion in Parliament for a Full Debate on potential changes to the law on maternity leave to take account of premature births. He proposed the introduction of the Maternity and Paternity Leave (Premature Birth) Bill to amend Part 8 of the Employment Rights Act 1996 to make provision about maternity and paternity leave for parents of babies born prematurely.<\/p>\r\n
Birth Triggers Maternity Leave<\/strong><\/p>\r\nIf a baby is born early and maternity leave has not already commenced, the mother’s leave starts on the day after her baby was born. <\/p>\r\n
An employee’s maternity leave will also be triggered if she is absent from work for a pregnancy related reason in the four week period before the expected week of confinement (EWC).<\/p>\r\n
Mothers are entitled to 52 weeks leave made up of 26 weeks ordinary maternity leave and 26 weeks additional maternity leave. There is currently no mechanism in maternity leave laws for leave to last longer where babies are born prematurely.<\/p>\r\n
Mothers with 26 weeks service are entitled up to 39 weeks statutory maternity pay.<\/p>\r\n
Even where a birth is premature the mother must notify the employer as soon as reasonably practicable:<\/p>\r\n
\r\n- That she has given birth early; and<\/li>\r\n
- The date on which her baby was born. <\/li>\r\n<\/ul>\r\n
Employers then re-calculate maternity leave and end date.<\/p>\r\n
It is likely the employer and the new mother will already have discussed when maternity leave will begin and end based on the employee’s EWC. However an early birth triggers the start of maternity leave. As statutory maternity leave is set at 52 weeks this means the end of the employee’s maternity leave is brought forward.<\/p>\r\n
Possible Changes to Maternity Leave: Two Options<\/strong><\/p>\r\nThe two options for changes to statutory maternity leave to take account of premature births have been put forward:<\/p>\r\n
\r\n- The Smallest Things Campaign suggests the introduction of one weeks leave for each week parents of premature children have to spend waiting in hospital for the children to be allowed home;<\/li>\r\n
- Another option put forward by Bliss, a charity for babies born prematurely or sick, is that new mothers who give birth early could be guaranteed 12 months leave starting from the original EWC.
<\/li>\r\n<\/ul>\r\nIs the change to Maternity Laws likely<\/strong><\/p>\r\nThe proposed changes raise a number of issues:<\/p>\r\n
\r\n- Will the extended period of leave be paid or unpaid;<\/li>\r\n
- The extended period of leave would extend the protected period. This is a period during which pregnant mothers are protected from unlawful pregnancy related discrimination. The protected period begins when the woman becomes pregnant and ends at the end of ordinary maternity leave or additional maternity leave, or where the employee does not have the right to such leave, at the end of the period of two weeks beginning with the end of the pregnancy;<\/li>\r\n
- Rights to shared parental leave will be affected.<\/li>\r\n<\/ul>\r\n
The earliest date a pregnant mother can start her maternity leave is the 11th week before EWC, unless the child is born earlier. Many mothers elect to start their maternity leave at 25 weeks. What then is the position if their baby arrives prematurely? Is the leave extended automatically in circumstances where the mother would have been on maternity leave before the baby was born?<\/p>\r\n
While the amendments to the law would seem relatively straightforward, it is unlikely that employers will face a requirement in the near future to provide extra leave for premature births. Private Members’ Bills rarely get enacted and a spokesman for the Department of Business Energy and Industry Strategy has said “The UK’s maternity system is one of the most generous in the world. The current system strikes the right balance between the need of new mums, including those whose baby has been born prematurely, and employers”.<\/p>\r\n
Conclusion<\/strong><\/p>\r\nEmployers should bear in mind that a premature birth is one of the most stressful events that a new parent can face and there are steps that employers can take to support employees in this situation.<\/p>\r\n
Where a new mother gives birth early, line managers should be encouraged to strike the balance between:<\/p>\r\n
\r\n- Keeping in touch with the employee to provide support (for example an Employee Assistance Programme) and discussing the impact on maternity leave; and<\/li>\r\n
- Reorganising when parents may want to be left to their own devices during this difficult period.
<\/li>\r\n<\/ul>\r\nA key way in which employers can support employees with a premature birth is to allow flexible working once maternity leave ends.<\/p>\r\n
Should you have any queries about maternity leave, or anything to do with employment law, please do not hesitate to contact a member of the WJM employment team on 0141 248 3434.<\/strong><\/p>","type":"textarea","id":"10344"}],"Sub Sections":[{"content title":{"value":"","type":"text","id":"10345"},"content":{"value":"","type":"textarea","id":"10346"}},{"content title":{"value":"","type":"text","id":"10347"},"content":{"value":"","type":"textarea","id":"10348"}},{"content title":{"value":"","type":"text","id":"10349"},"content":{"value":"","type":"textarea","id":"10350"}},{"content title":{"value":"","type":"text","id":"10351"},"content":{"value":"","type":"textarea","id":"10352"}}],"Date Created":[{"value":"11\/11\/2016 10:36","type":"text","id":"10353"}],"theme":[{"value":"themeBlue","type":"select","id":"10354"}],"Connected Service":[{"value":"329","type":"select","id":"10355"}],"Connected Sector":[{"value":"0","type":"select","id":"10356"}],"Author":[{"value":"101","type":"select","id":"10357"}]}},{"id":"353","sub_id":"8","order":"76","created":"2014-10-15 16:54:01","updated":"2021-02-02 15:40:00","type":"default","title":"What else can WJM provide?","slug":"what-else-can-wjm-provide","search_title":"What els WJM provide","search_content":"What els WJM provide What Else Can WJM Provide Wright Johnston Mackenzi Our franchis team includ lawyer a varieti differ disciplin commerci corpor disput resolut properti employ tax 1413478062franchising jpg 1414771230franchising jpg Our franchis team includ lawyer a varieti differ disciplin commerci corpor disput resolut properti employ tax Client initi advic a franchis opportun make servic relat busi and or person affairs A full outlin servic provid WJM found here franchising wjm co uk themeOrang 349 354 350 351 352 353 63 109 114","seo_title":"What Else Can WJM Provide? | Wright, Johnston & Mackenzie","seo_keywords":"","seo_description":"Our franchising team includes lawyers from a variety of different disciplines such as commercial and corporate, dispute resolution, property, employment and tax.","template":"service","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":"Steven Docherty","data2":"","data3":"","trail":[],"subs":[],"url":"https:\/\/www.wjm.co.uk\/services-and-sectors\/services\/what-else-can-wjm-provide","pagedata":{"Banner":[{"value":"1413478062franchising.jpg","type":"image","id":"3366"}],"Service Small Image":[{"value":"1414771230franchising.jpg","type":"image","id":"3522"}],"content":[{"value":"Our franchising team includes lawyers from a variety of different disciplines such as commercial and corporate, dispute resolution, property, employment and tax.<\/h2>\r\n
Clients that initially come to us for advice on a franchise opportunity often make use of our other services in relation to either their business and\/or their personal affairs.<\/p>\r\n
A full outline of the services provided by WJM can be found here<\/a>.<\/p>","type":"textarea","id":"3367"}],"Team Email":[{"value":"franchising@wjm.co.uk","type":"text","id":"3368"}],"theme":[{"value":"themeOrange","type":"select","id":"3369"}],"Section Services":[{"Section Services":{"value":"349","type":"select","id":"3370"},"value":"349","type":"select","id":"3370"},{"Section Services":{"value":"354","type":"select","id":"3384"},"value":"354","type":"select","id":"3384"},{"Section Services":{"value":"350","type":"select","id":"3386"},"value":"350","type":"select","id":"3386"},{"Section Services":{"value":"351","type":"select","id":"3388"},"value":"351","type":"select","id":"3388"},{"Section Services":{"value":"352","type":"select","id":"3390"},"value":"352","type":"select","id":"3390"},{"Section Services":{"value":"353","type":"select","id":"3392"},"value":"353","type":"select","id":"3392"}],"Team members":[{"team member":{"value":"63","type":"select","id":"3371"},"value":"63","type":"select","id":"3371"},{"team member":{"value":"109","type":"select","id":"4423"},"value":"109","type":"select","id":"4423"},{"team member":{"value":"114","type":"select","id":"4424"},"value":"114","type":"select","id":"4424"}],"In This Section Custom Link":[{"Link Text":{"value":"","type":"text","id":"17463"},"Custom Link":{"value":"","type":"text","id":"17464"}},{"Link Text":{"value":"","type":"text","id":"17465"},"Custom Link":{"value":"","type":"text","id":"17466"}}]}},{"id":"372","sub_id":"8","order":"89","created":"2014-10-16 11:27:47","updated":"2023-04-25 15:21:18","type":"default","title":"Estate Planning ","slug":"estate-planning-lawyers","search_title":"Estate Plan","search_content":"Estate Plan Estate Plan Wright Johnston Mackenzi Profession estat plan servic Wright Johnston Mackenzi a highli experienc reliabl client centric firm 1610984561Services Wealthplan jpg 1414756923wealthplanning jpg enquiries wjm co uk themePurpl 372 371 370 369 368 367 503 365 364 340 93","seo_title":"Estate Planning | Wright, Johnston & Mackenzie","seo_keywords":"","seo_description":"Professional estate planning services from Wright, Johnston & Mackenzie, a highly experienced and reliable client centric firm.","template":"service","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":"Jan","data2":"","data3":"","trail":[],"subs":[],"url":"https:\/\/www.wjm.co.uk\/services-and-sectors\/services\/estate-planning-lawyers","pagedata":{"Banner":[{"value":"1610984561Services_Wealthplan.jpg","type":"image","id":"3602"}],"Service Small Image":[{"value":"1414756923wealthplanning.jpg","type":"image","id":"3603"}],"content":[{"value":"","type":"textarea","id":"3604"}],"Team Email":[{"value":"enquiries@wjm.co.uk","type":"text","id":"3605"}],"theme":[{"value":"themePurple","type":"select","id":"3606"}],"Section Services":[{"Section Services":{"value":"340","type":"select","id":"3607"},"value":"340","type":"select","id":"3607"},{"Section Services":{"value":"364","type":"select","id":"3618"},"value":"364","type":"select","id":"3618"},{"Section Services":{"value":"365","type":"select","id":"3628"},"value":"365","type":"select","id":"3628"},{"Section Services":{"value":"503","type":"select","id":"3638"},"value":"503","type":"select","id":"3638"},{"Section Services":{"value":"367","type":"select","id":"3647"},"value":"367","type":"select","id":"3647"},{"Section Services":{"value":"368","type":"select","id":"3657"},"value":"368","type":"select","id":"3657"},{"Section Services":{"value":"369","type":"select","id":"3667"},"value":"369","type":"select","id":"3667"},{"Section Services":{"value":"370","type":"select","id":"3677"},"value":"370","type":"select","id":"3677"},{"Section Services":{"value":"371","type":"select","id":"3688"},"value":"371","type":"select","id":"3688"},{"Section Services":{"value":"372","type":"select","id":"3699"},"value":"372","type":"select","id":"3699"}],"Team members":[{"team member":{"value":"93","type":"select","id":"3608"},"value":"93","type":"select","id":"3608"}],"In This Section Custom Link":[{"Link Text":{"value":"","type":"text","id":"17515"},"Custom Link":{"value":"","type":"text","id":"17516"}},{"Link Text":{"value":"","type":"text","id":"17517"},"Custom Link":{"value":"","type":"text","id":"17518"}}]}},{"id":"642","sub_id":"25","order":"90","created":"2015-07-07 17:11:35","updated":"2021-01-26 12:24:32","type":"default","title":"Supreme Court Rules on Bad Bargain","slug":"supreme-court-rules-on-bad-bargain","search_title":"Suprem Court Rul Bad Bargain","search_content":"Suprem Court Rul Bad Bargain Suprem Court Rul On Bad Bargain In thi articl provid a summari a recent case UK Suprem Court question landlord recoveri servic charges 8 14152868481uscent1027 jpg 1 In thi articl provid a summari a recent case UK Suprem Court question landlord recoveri servic charges \u00a0 The case import becaus gener point court made consequ a parti enter a \u201cbad bargain\u201d \u00a0 The case Arnold v Britton Other turn interpret claus relat recoveri servic charg landlord a 99 year leas wa enter 1970s \u00a0 When leas wa enter servic charg \u00a390 year leas provid year 99 year leas thi increas a compound rate 10 \u00a0 The servic charg payabl end leas therefor end \u00a3550 000 year \u00a0 Unsurprisingli tenant challeng formul essenti ground landlord obtain a windfal becaus actual servic cost incur landlord a lot less \u00a0 Howev matter unfair obnoxi compound charg Suprem Court refus interfer becaus claus question wa quit clear terms \u00a0 The court view wa job onli interpret contract re write ha a catastroph result parties \u00a0\u00a0 The judg recognis leas wa enter claus made commerci sens \u2013 inflat wa spiral 1970 compound increas servic charg wa possibl a sensibl wai account anticip increas cost landlord provid services \u00a0 Of cours inflat back control subsequ year anticip outcom emerg court view wa thi shouldn t chang impact clause \u00a0 The learn point busi enter contract possibl consequ a claus angl befor decid agree \u00a0 Of cours good legal advic veri import point rememb a contract end unfair result court abl anyth claus wa perfectli clear \u00a0 07 07 2015 17 11 themeCyan 257 114","seo_title":"Supreme Court Rules On Bad Bargain","seo_keywords":"","seo_description":"In this article, we provide a summary of a recent case from the UK Supreme Court on the question of landlord recovery of service charges. ","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":"mtc.","data2":"","data3":"","trail":[],"subs":[],"url":"https:\/\/www.wjm.co.uk\/news\/supreme-court-rules-on-bad-bargain","pagedata":{"Category":[{"value":"8","type":"select","id":"7224"}],"Image":[{"value":"14152868481uscent1027.jpg","type":"image","id":"7225"}],"Main Image Status":[{"value":"1","type":"select","id":"7226"}],"content":[{"value":"In this article, we provide a summary of a recent case from the UK Supreme Court on the question of landlord recovery of service charges. <\/p>\r\n
The case is important because of the general points which the court made about the consequences when a party enters into a “bad bargain”. <\/p>\r\n
The case is Arnold v Britton & Others<\/em>, and turned on the interpretation of the clause relating to recovery of service charges by the landlord in a 99 year lease which was entered into in the 1970s. When the lease was entered into, the service charges were £90 per year, but the lease provided that, each year throughout the 99 years of the lease, this would increase at a compound rate of 10%. The service charges payable by the end of the lease would therefore end up at about £550,000 per year! Unsurprisingly, the tenant challenged the formulation, essentially on the grounds that the landlord would obtain a windfall because the actual service costs incurred by the landlord were a lot less. <\/p>\r\nHowever, no matter how unfair or obnoxious the compounded charges might seem, the Supreme Court refused to interfere because the clause in question was quite clear as to its terms. The court’s view was that its job is only to interpret the contract, not to re-write it even if it has a catastrophic result for one of the parties. <\/p>\r\n
The judges recognised that, when the lease was entered into, the clause would have made commercial sense – inflation was spiralling in the 1970s, and the compounded increase in service charges was possibly a sensible way of accounting for what would have been the anticipated increases in the cost to the landlord of providing the services. Of course, inflation then came back under control in subsequent years, so the anticipated outcome did not emerge, but the court’s view was that this shouldn’t change the meaning or impact of the clause. <\/p>\r\n
The learning point for all businesses entering into contracts is to think through the possible consequences of a clause, from all angles, before deciding whether to agree. Of course, taking good legal advice is very important here, but the point to remember is that, if a contract ends up having unfair results, the courts might not be able to do anything if the clause was perfectly clear.<\/p>\r\n
<\/p>","type":"textarea","id":"7227"}],"Sub Sections":[{"content title":{"value":"","type":"text","id":"7228"},"content":{"value":"","type":"textarea","id":"7229"}},{"content title":{"value":"","type":"text","id":"7230"},"content":{"value":"","type":"textarea","id":"7231"}},{"content title":{"value":"","type":"text","id":"7232"},"content":{"value":"","type":"textarea","id":"7233"}},{"content title":{"value":"","type":"text","id":"7234"},"content":{"value":"","type":"textarea","id":"7235"}}],"Date Created":[{"value":"07\/07\/2015 17:11","type":"text","id":"7236"}],"theme":[{"value":"themeCyan","type":"select","id":"7237"}],"Connected Service":[{"value":"257","type":"select","id":"7238"}],"Connected Sector":[{"value":"0","type":"select","id":"7239"}],"Author":[{"value":"114","type":"select","id":"7240"}]}},{"id":"86","sub_id":"7","order":"10","created":"2014-09-15 11:18:13","updated":"2025-12-16 11:26:37","type":"default","title":"Fraser Gillies","slug":"fraser-gillies","search_title":"Fraser Gilli","search_content":"Fraser Gilli Fraser Gilli Wright Johnston Mackenzi Fraser Gilli Wright Johnston Mackenzie I client secur plan permiss consent develop projects Fraser Gilli 1715956432FraserGilliesbackup jpg I client secur plan permiss consent develop projects I proud sai team ha enviabl success rate plan inquiri appeals I involv earli stage a project advis issu aris plan process I act client appeal a refus a plan permiss consent A larg part work review plan applic associ environment inform ensur applic ar robust inquiri proof Client thi work minimis chanc a success challeng objectors My client develop spectrum howev I work Renew Energi client onshor wind particular Fraser Gilli veri good does He veri person speak openli veri awar client business \u201cHe organis calm \u201d H top game Hi knowledg industri question advic alwai carri great weight Chamber Partner 2024\u00a0 \u00a0\u00a0 \u00a0 \u00a0\u00a0 I lead edg Renew Energy\u00a0plan onshor wind appeal particular To date I act twenti onshor wind plan appeal s 36 inquiri includ contenti technic challeng project inquiri Scotland recent years I current advis a rang project technic issu aviat impact cumul nois impact complex plan polici issues I activ involv Scottish Renewables onshor wind plan work group articul industry posit a rang emerg polici guidance WJM Manag Partner LLB Hons Law Diploma Legal Practic Accredit Law Societi Scotland a specialist Plan Law I publish Law Societi Scotland Journal Holyrood Magazin Scotsman I regularli write speak plan decis impact depend decis renew energi industri develop generally Member Scottish Renew Onshore Wind Plan Group LLM Human Rights fzg wjm co uk 0141 248 3434 http uk linkedin com in frasergillies FraserG WJM 23 297 286 257","seo_title":"Fraser Gillies | Wright, Johnston & Mackenzie","seo_keywords":"","seo_description":"Fraser Gillies at Wright, Johnston & Mackenzie. I help clients secure planning permission and other consents for their development projects.","template":"profile","layout":"","logic":"","innav":"0","hide_in_cms":"0","redchild":"0","frontpage":"0","lock":"0","listing_container":"0","draft_for_page_id":"0","allow_delete":"0","allow_update":"1","published":"1","data1":"Steven Docherty","data2":"","data3":"","trail":[],"subs":[],"url":"https:\/\/www.wjm.co.uk\/our-people\/fraser-gillies","pagedata":{"Firstname":[{"value":"Fraser","type":"text","id":"481"}],"Surname":[{"value":"Gillies","type":"text","id":"482"}],"Profile Image":[{"value":"1715956432FraserGilliesbackup.jpg","type":"image","id":"483"}],"content":[{"value":"
I help clients secure planning permission and other consents for their development projects.<\/p>\r\n
\r\nI am proud to say that my team has an enviable success rate at both planning inquiries and at appeals.<\/p>\r\n<\/blockquote>\r\n
I am often involved at an early stage in a project, advising on those issues which might arise further along the planning process. I also act for clients who wish to appeal against a refusal of a planning permission or other consent.<\/p>\r\n
A large part of my work is the review of planning applications and their associated environmental information to ensure the applications are robust and inquiry proof. Clients ask me to do this work so as to minimise the chance of a successful challenge from objectors.<\/p>\r\n
My clients come from across the development spectrum; however I am best known for my work with Renewable Energy clients and onshore wind in particular.<\/p>\r\n
\r\n\"Fraser Gillies is very good at what he does. He is very personable, speaks openly and is very aware of the client's business.\"
“He is organised and calm.”
\"He is at the top of his game. His knowledge of the industry is without question and his advice always carries great weight.\"<\/p>\r\n
Chambers and Partners 2024 <\/p>\r\n<\/blockquote>\r\n
<\/p>","type":"textarea","id":"484"}],"Recent Activity":[{"value":"
I am at the leading edge of Renewable Energy planning, and onshore wind appeals in particular.<\/p>\r\n
To date I have acted in over twenty five onshore wind planning appeals and s.36 inquiries, including some of the most contentious and technically challenging projects taken to inquiry in Scotland in recent years.<\/p>\r\n
I am currently advising on a range of projects with technical issues such as aviation impacts, cumulative noise impacts and complex planning and policy issues. I am actively involved in Scottish Renewables' onshore wind planning work group, helping articulate the industry's position on a range of emerging policy and guidance.<\/p>","type":"textarea","id":"485"}],"Credentials":[{"Credential":{"value":"LLM (Human Rights)","type":"text","id":"493"},"value":"LLM (Human Rights)","type":"text","id":"493"},{"Credential":{"value":"Member of Scottish Renewables Onshore Wind Planning Group","type":"text","id":"495"},"value":"Member of Scottish Renewables Onshore Wind Planning Group","type":"text","id":"495"},{"Credential":{"value":"I have been published in the Law Society of Scotland’s Journal, Holyrood Magazine and the Scotsman. I regularly write and speak on planning decisions and their impacts on, depending on decision, the renewable energy industry or on development more generally. ","type":"text","id":"496"},"value":"I have been published in the Law Society of Scotland’s Journal, Holyrood Magazine and the Scotsman. I regularly write and speak on planning decisions and their impacts on, depending on decision, the renewable energy industry or on development more generally. ","type":"text","id":"496"},{"Credential":{"value":"Accredited by the Law Society of Scotland as a specialist in Planning Law","type":"text","id":"12853"},"value":"Accredited by the Law Society of Scotland as a specialist in Planning Law","type":"text","id":"12853"},{"Credential":{"value":"Diploma in Legal Practice","type":"text","id":"494"},"value":"Diploma in Legal Practice","type":"text","id":"494"},{"Credential":{"value":"LLB (Hons) Law","type":"text","id":"486"},"value":"LLB (Hons) Law","type":"text","id":"486"},{"Credential":{"value":"WJM Managing Partner","type":"text","id":"11137"},"value":"WJM Managing Partner","type":"text","id":"11137"}],"Email":[{"value":"fzg@wjm.co.uk","type":"text","id":"487"}],"Phone":[{"value":"0141 248 3434 ","type":"text","id":"488"}],"LinkedIn Url":[{"value":"http:\/\/uk.linkedin.com\/in\/frasergillies\/","type":"text","id":"489"}],"Twitter Username":[{"value":"@FraserG_WJM","type":"text","id":"490"}],"Practice Sectors":[{"Practice Sector":{"value":"23","type":"select","id":"491"},"value":"23","type":"select","id":"491"}],"Practice Services":[{"Practice Service":{"value":"257","type":"select","id":"492"},"value":"257","type":"select","id":"492"},{"Practice Service":{"value":"286","type":"select","id":"5216"},"value":"286","type":"select","id":"5216"},{"Practice Service":{"value":"297","type":"select","id":"5217"},"value":"297","type":"select","id":"5217"}],"Is Partner":[{"value":"1","type":"checkbox","id":"3041"}],"Biography":[{"value":"","type":"textarea","id":"20933"}]}},{"id":"897","sub_id":"25","order":"164","created":"2016-12-21 15:22:03","updated":"2017-02-07 12:29:59","type":"default","title":"December Employment Law Bulletin ","slug":"december-employment-law-bulletin","search_title":"Decemb Employment Law Bulletin","search_content":"Decemb Employment Law Bulletin Decemb Employment Law Bulletin WJM New Employment law Scotland pai gap ag discrimin liabil Thi Employment Brief liabil Christma parti work function ag discrimin legal entitl break gender pai gap 6 1482333961EB117686008 jpg 1 Welcom thi month Employment Brief liabil Christma parti work function ag discrimin legal entitl break gender pai gap If ani question ani topic covered\u00a0or meet Employment team pleas call Martin Stephen 0141 248 3434 email mss wjm co uk Bellman v Northampton Recruit In thi case High Court wa requir consid employ held vicari liabl assault place aftermath compani Christma party The claimant Bellman attend offic Christma parti a golf course At conclus parti a number move a nearbi hotel bar continu drink small hours The compani paid taxi venu thi wa \u201cofficial\u201d part evening One present hotel bar wa Mr Major owner business Major Bellman becam involv argument a recent recruit employee Thi result Major punch Bellman caus fall hit head marbl floor result brain damage The court held busi wa vicari liabl circumstances For vicari liabil trigger action occur \u201cin cours employment\u201d Her wa judg thi test satisfied The fact thei talk work alon doe thei \u201cin cours employment\u201d Rather men chosen parti a privat drink session event compani foot bill wa remot connect parties employment Howev Court note employe expect attend Christma parti itself Had assault happen parti a stronger connect employment Although explicit Court gave a veri strong hint compani liabl Mr Major attack Mr Bellman parti parti hotel WJM employ team believ thi case provid import guidanc employe regard Christma parti work events Employer held liabl behaviour employe work event employ make staff ar warn avoid inappropri violent behaviour work functions Gorka Salaberria Sorondo v Academia Vasca de Polic\u00eda y Emergencia Thi case import judgement European Court Justic regard ag discrimination The case wa decid Equal Treatment Direct UK Equaliti Act 2010 base upon The Basqu Polic Academi embark a recruit campaign stipul applic requir 35 The claimant Sorrondo argu thi wa unlaw ag discrimination \u00a0 For part Basqu Countri polic argu Articl 4 1 Direct thei entitl discrimin \u201coccup requirement\u201d Thei cite evid show polic offic 40 hinder perform due increas recoveri time physic activity Further thei reli report claim offic 55 caus risk themselv parti attempt fulfil duti a polic officer Lastli thei produc data show Basqu forc wa ag thei prioritis bring younger blood The European Court Justic agre Basqu police It wa held order function properli Basqu polic forc requir 1 offic capabl fulfil veri physic tax demand a long period employ 2 \u201cre establish a satisfactori ag pyramid\u201d These legitim proportion oper requirements The Court howev give ani kind green light discrimination Thei refer a previou decis case Perez Thi case concern polic offic Oviedo municip Court held upper ag limit 30 wa unlaw discrimination Perez wa distinguish job requir provinci polic offic Basqu polic officers WJM employ team sai thi show occup requir test discrimin rigor complex Employer abl show thei matter depth open mind Thei seek demonstr set ag limit thei act a reason detail scientif basi haven t simpli pull a number thin air Grang v Abellio London Her employe Grang brought a case tribun argu refus legal entitl breaks Under Articl 12 Work Tim Regul 1998 employ work 6 hour dai ar entitl a rest break 20 minutes Further Regul 30 state a worker mai make a claim employ \u201cha refus permit\u201d exercis ani rights Grang wa emploi a Relief Roadsid Controller Hi respons involv regul frequenc bu servic local road traffic conditions He work 8 5 hour shift wa nomin entitl a 30 minut break Due reactiv role howev struggl find opportun break Abellio decid cut shift 8 hour idea simpli a break At instanc Employment Tribun find Grange favour It wa held employ posit refus a specif request employe a break Thu Abellio clearli expect Grang ani break breach regulations Howev Employment Appeal Tribun issu thi decision It held worker ar \u201cposit enabled\u201d employ breaks It clear employ ar duti bound afford staff opportun a break The case ha refer back tier Tribun decid facts WJM employ team advis thi case show employ care foster a work cultur employe ar expect breaks Employer ensur staff ar awar Regul make minimum requir ar fulfilled Gender Pai Gap Report Look ahead year Govern ha unveil final version Gender Pai Gap Report Regulations Due forc April rule compani 250 plu employe requir produc annual report Gender Pai Gap business The report publish April 2018 Hav previous publish draft regul Govern ha sound feedback variou stakehold produc final version Kei requir system include Hav publish median pai base entir workforc A requir publish mani men women ar found quartil pai workforc Disclos differ median bonu payment male femal staff percentag actual receipt a bonu Post report compani websit year leav 3 years At thi stage crimin civil penalti impos employ base gender pai gap although Govern ha rule thi option future Howev Govern propos \u201cname shame\u201d employ score badly WJM employ team believ thi a veri import ongo stori larg employ years Employer adapt rule make thei fulfil requirements Further thei awar potenti reput damag a larg gender pai gap found a potenti thi caus resent staff consid lower elimin ani gap 21 12 2016 15 22 themeBlu 329 101","seo_title":"December Employment Law Bulletin | WJM News","seo_keywords":"Employment, law, Scotland, pay gap, age discrimination, liability","seo_description":"This Employment Briefing looks at liability at Christmas parties & other work functions, age discrimination, legal entitlement to breaks & the gender pay gap.","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":"Margaret Hoisington","data2":"","data3":"","trail":[],"subs":[],"url":"https:\/\/www.wjm.co.uk\/news\/december-employment-law-bulletin","pagedata":{"Category":[{"value":"6","type":"select","id":"10637"}],"Image":[{"value":"1482333961EB117686008.jpg","type":"image","id":"10638"}],"Main Image Status":[{"value":"1","type":"select","id":"10639"}],"content":[{"value":"
Welcome to this month's Employment Briefing, which looks at liability at Christmas parties and other work functions, age discrimination, legal entitlement to breaks and the gender pay gap.<\/strong><\/p>\r\nIf you have any questions about any of the topics covered or would like to meet with our Employment team please call Martin Stephen on 0141 248 3434 or email mss@wjm.co.uk<\/strong><\/p>","type":"textarea","id":"10640"}],"Sub Sections":[{"content title":{"value":"Bellman v Northampton Recruitment","type":"text","id":"10641"},"content":{"value":"In this case, the High Court was required to consider whether an employer could be held vicariously liable for an assault which took place in the aftermath of the company Christmas party.<\/p>\r\n
The claimant, Bellman, had attended his office Christmas party at a golf course. At the conclusion of the party he, and a number of others, moved on to a nearby hotel bar and continued drinking until the small hours. The company paid for taxis between the two venues but this was not an “official” part of the evening.<\/p>\r\n
One of those present at the hotel bar was Mr Major, an owner of the business. Major and Bellman became involved in argument about a recently recruited employee. This resulted in Major punching Bellman twice causing him to fall and hit his head on the marble floor resulting in brain damage.<\/p>\r\n
The court held that the business was not vicariously liable in these circumstances. For vicarious liability to be triggered, the actions must occur “in the course of employment”. Here, it was judged that this test had not been satisfied. The fact that they were talking about work alone does not mean that they were “in the course of employment”.<\/p>\r\n
Rather, the two men had chosen to be parties to a private drinking session which, even in the event that the company were footing the bill, was far too remotely connected to the parties’ employment.<\/p>\r\n
However, the Court did note that employees were expected to attend the Christmas party itself. Had the assault happened at the party, there would have been a much stronger connection to their employment. Although not explicit, the Court gave a very strong hint that the company would have been liable had Mr Major attacked Mr Bellman at the party rather than at the after party in the hotel.<\/p>\r\n
WJM’s employment team believes that this case provides important guidance to employees regarding Christmas parties and other work events. Employers can be held liable for the behaviour of their employees at work events and so employers must make sure that their staff are well warned to avoid inappropriate or violent behaviour at work functions.<\/strong><\/p>","type":"textarea","id":"10642"}},{"content title":{"value":"Gorka Salaberria Sorondo v Academia Vasca de Policía y Emergencias","type":"text","id":"10643"},"content":{"value":"This case is an important judgement of the European Court of Justice with regard to age discrimination. The case was decided under the Equal Treatment Directive which the UK Equality Act 2010 is based upon.<\/p>\r\n
The Basque Police Academy embarked on a recruitment campaign and stipulated that applicants were required to be under 35. The claimant, Sorrondo, argued that this was unlawful age discrimination. <\/p>\r\n
For their part, the Basque Country police argued that, under Article 4(1) of the Directive, they were entitled to discriminate as an “occupational requirement”. They cited evidence showing that police officers over 40 were hindered in performance due to increased recovery times after physical activity. Further, they relied on reports claiming that officers over 55 were likely to cause risk to themselves and third parties in attempting to fulfil the duties of a police officer. Lastly, they produced data showing that the Basque force was aging and that they had to prioritise bringing in younger blood.<\/p>\r\n
The European Court of Justice agreed with the Basque police. It was held that, in order to function properly, the Basque police force required (1) officers capable of fulfilling very physically taxing demands over a long period of their employment and (2) to “re-establish a satisfactory age pyramid”. These were legitimate and proportionate operational requirements.<\/p>\r\n
The Court did not, however, give any kind of green light for discrimination. They referred to a previous decision in the case of Perez. This case concerned police officers in the Oviedo municipality and the Court had held that an upper age limit of 30 was unlawful discrimination. Perez was distinguished as the job requirements for these provincial police officers were not the same as for Basque police officers.<\/p>\r\n
WJM’s employment team says that this shows the occupational requirement test for discrimination to be rigorous and complex. Employers should be able to show that they have looked at matters in depth and with an open mind. They should seek to demonstrate that, in setting an age limit, they have acted on a reasonable and detailed scientific basis and haven’t simply pulled a number out of thin air.<\/strong><\/p>","type":"textarea","id":"10644"}},{"content title":{"value":"Grange v Abellio London","type":"text","id":"10645"},"content":{"value":"Here an employee, Grange, brought a case to tribunal arguing that he had been refused his legal entitlement to breaks.<\/p>\r\n
Under Article 12 of the Working Time Regulations 1998, employers who work more than 6 hours per day are entitled to a rest break of at least 20 minutes. Further, Regulation 30 states that a worker may make a claim where his employer “has refused to permit” him to exercise any of his rights.<\/p>\r\n
Grange was employed as a Relief Roadside Controller. His responsibilities involved regulating the frequency of bus services to the local road traffic conditions. He worked 8.5 hour shifts and was nominally entitled to a 30 minute break. Due to the reactiveness of the role, however, he struggled to find an opportunity to take his break. Abellio decided to cut his shift to 8 hours with the idea that he simply would not take a break.<\/p>\r\n
At first instance, the Employment Tribunal did not find in Grange’s favour. It was held that an employer had to positively refuse a specific request from an employee for a break. Thus, even although Abellio had clearly expected that Grange would not take any break, there had been no breach of the regulations.<\/p>\r\n
However, the Employment Appeal Tribunal took issue with this decision. It held that workers are to be “positively enabled” by their employers to take breaks. It is clear that employers are duty bound to afford their staff the opportunity of a break. The case has been referred back to the first tier Tribunal to decide on the facts.<\/p>\r\n
WJM’s employment team advises that this case shows that employers must be careful not to foster a working culture where their employees are expected not to take breaks. Employers should ensure that their staff are aware of their rights under the Regulations and make sure that at least the minimum requirements are fulfilled.<\/strong><\/p>","type":"textarea","id":"10646"}},{"content title":{"value":"Gender Pay Gap Reporting","type":"text","id":"10647"},"content":{"value":"Looking ahead to next year, the Government has unveiled the final version of the Gender Pay Gap Reporting Regulations. Due to come into force in April, the new rules will mean that companies with 250 plus employees will be required to produce annual reports on the Gender Pay Gap in their business. The first reports will have to be published by April 2018.<\/p>\r\n
Having previously published draft regulations, the Government has taken soundings and feedback from various stakeholders in producing the final version. Key requirements of the new system will include:<\/p>\r\n
\r\n- Having to publish both the mean and median pay based on the entire workforce;<\/li>\r\n
- A requirement to publish how many men and women are found within each quartile of pay in the workforce;<\/li>\r\n
- Disclosing the difference between mean and median bonus payments between male and female staff as well as the percentage of each actually in receipt of a bonus; and<\/li>\r\n
- Posting the report on the company website each year and leaving it there for at least 3 years.<\/li>\r\n<\/ul>\r\n
At this stage, no criminal or civil penalties will be imposed on employers based on the gender pay gap (although the Government has not ruled this out as an option for the future). However, the Government is proposing to “name and shame” employers who score badly.<\/p>\r\n
WJM’s employment team believes that this is likely to be a very important ongoing story for large employers in the coming years. Employers will have to adapt to the new rules and make sure they fulfil the requirements. Further, they must be aware of the potential reputational damage if a large gender pay gap is found (as well as potential for this to cause resentment among staff) and should consider what can be done to lower or eliminate any gap.<\/strong><\/p>","type":"textarea","id":"10648"}}],"Date Created":[{"value":"21\/12\/2016 15:22","type":"text","id":"10649"}],"theme":[{"value":"themeBlue","type":"select","id":"10650"}],"Connected Service":[{"value":"329","type":"select","id":"10651"}],"Connected Sector":[{"value":"0","type":"select","id":"10652"}],"Author":[{"value":"101","type":"select","id":"10653"}]}}]