Riots and Snow – An Employer’s Guide

Make sure you are prepared for whatever winter will throw at you.  Guidance can be found on our website (www.millerhendry.co.uk/webpage/258/riotsandsnow)

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Licensing Changes – Alcohol etc. (Scotland) Act 2010.

As at 1st October the above Act came into force.  The Act changed the rules regarding the timing of variation of prices of alcoholic drinks.   At the same time, drink promotions are outlawed. It is worth carefully reading the legislation as retailers are already finding ingenious ways round the new Rules. 

Promotional material for alcohol is not permitted within two hundred metres of licensed premises.  

Age verification policies are now compulsory for everyone who appears to be less than 25.

The Scottish Grocers Federation have produced a very helpful guide to the Alcohol (Scotland) 2010.  This can be accessed as :-
 www.alcoholcompliancescotland.co.uk/bookletonline/under.html.

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Liability for Prior Business Debts

Scots Law assumes that where the assets of a business are transferred from a sole trader or a partnership to another without full value being paid then the recipient of the assets assumes liability for the prior debts of the business.  This was highlighted in a recent court case involving a retiring partner and the remaining two partners in a law firm resulting in the remaining partners being liable for an unforeseen and undisclosed debt.  Appropriate advice should be sought from both lawyers and accountants before either going into partnership or taking on the business of a sole trader as a going concern.

 
Employment Changes

As from 1st October 2011 there are a variety of new Employment Regulations which have come into force including the following:-

The national minimum wage rates increased and are now:-

For adults:  £6.08 per hour
18-20 year olds: £4.98 per hour
16-17 year olds: £3.68 per hour
Apprentices:  £3.60 per hour

The Agency Workers Regulations 2010  have come into force.  Businesses who engage agency staff are required to ensure that from the start of their engagement they can access facilities and information on job vacancies in the same way as permanent employees.  After twelve weeks in the same job, agency staff are entitled to the same pay and basic working conditions as comparable permanent employees.  Agency workers will also be entitled to paid time off for ante-natal appointments on completion of this twelve week period.  Affected businesses should review access to facilities and vacancies and should share up to date information on terms and conditions of permanent staff with temporary work agencies.

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Forthcoming Employment Changes

The Government have indicated that the qualifying period for unfair dismissal claims is to be increased from one year to two years with effect from 1st April 2012.  They are also proposing introducing fees for lodging Employment Tribunal claims.   A consultation process is currently under way.

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Holiday Pay Whilst Sick

A recent decision has clarified the obligations of employers to provide paid leave for employees on long term sick leave.  Broadly, such employees must either notify their employer that they wish to designate time which would otherwise be sick leave as holiday, attracting entitlement to payment at their usual rate, or must request to carry untaken leave forward into the next leave year.  If they do neither within the holiday year, entitlement to paid leave is, in principle, lost.  If in doubt, before refusing payment, seek advice.

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For further information on these or other legal issues please contact either Alistair Duncan in our Dundee Office on (01382) 200000 or James Andrew in our Perth Office on (01738) 637311.
These comments are provided for guidance only. Each situation must be looked at in its own right so you cannot rely on these points in relation to any particular matter without first taking specific advice.

Miller Hendry provides a wide legal and estate agency service across Tayside and Strathearn.
Offices in Dundee, Perth and Crieff.      Visit our website:  www.millerhendry.co.uk

If you no longer wish to receive Miller’s Hotspots please e-mail audreyharte@millerhendry.co.uk to advise or telephone Audrey Harte on 01738 637311