Pensions

The High Court recently held that, unless the scheme rules allow it, part of a defined benefit multi-employer pension scheme cannot be segregated for the purposes of the Pension Protection Fund (Multi-employer Schemes) (Modification) Regulations 2005 (the “Regulations”) or s.75 of the Pensions Act 1995. Facts In the case of PS Independent Trustees Ltd v… Read more »

Dispute Resolution

Often in litigation a party will find themselves opposite another about whom they have serious concerns as to their financial standing or the merits of the action itself. That could for example result in a concern that an individual or company who has raised an action will not ultimately be able to pay an award… Read more »

Rural Law

It is well documented that in comparison to other sectors in the economy, farming has one of the poorest safety records out of the main industrial sectors. We are seeing various steps being taken by the farming sector to try and improve the safety record in agriculture. One such step is Farm Safety Week which… Read more »

Dispute Resolution

Mediation is usually a voluntary process. Parties agree that they will meet together at a time chosen by them with an agreed neutral mediator facilitating the discussion. That agreement to mediate shows willingness on both sides to settle differences. A consultation has recently been launched on a proposed Mediation (Scotland) Bill. The proposal does not… Read more »

Employment

The Living Wage Foundation’s latest initiative aims to improve workers’ entitlement to regular and more predictable working hours. Currently one in six workers in the UK (5.1 million people) experience work insecurity and earn less than the Real Living Wage. The focus of the Living Hours campaign is to ensure more workers have financial security… Read more »

Corporate

In today’s world of electronic communication, many contracts are negotiated without the parties concerned ever meeting face to face. But what about when it comes to signing the contract? The olden days In Scotland, traditionally, either: all the parties had to be present in the same location to sign the contract; or there was a… Read more »

Dispute Resolution

Zambia is home to the second largest open cast copper mine in the world. It’s primarily run by a Zambian company, Konkola, which is a subsidiary of Vedanta Resources PLC. It is alleged by approximately 1800 Zambian people that operations at the mine have resulted in them suffering injury to their livelihood and health. Litigation… Read more »

Employment

Case law over recent years has clarified that, in some circumstances, you need to include payments such as overtime and commission in holiday pay calculations. This has left many employers facing potential claims for underpayment of holiday pay. How far back can claims stretch? Many employers breathed a sigh of relief when legislation and case… Read more »