Enforced subject access will shortly become illegal. Enforced subject access typically occurs where a person wishes to see another individual’s criminal record, but chooses not to use the established legal system operated by Disclosure Scotland, the Disclosure and Barring Service and Access Northern Ireland.
It has been reported that Unite will not appeal the recent EAT decision about holiday pay.
A number of immigration changes came into force in November 2014 which employers should be aware of.
What would your grandparents think? Privacy gone in the workplace?
Posted by John Macmillan in Insight
“Orwell warned us in 1948 in writing 1984 that without a presumption of privacy and freedom of thought, the coming technology of surveillance had the capacity to extinguish most of what it means to be human”. As most people think, Orwell’s vision of what was to come was simply amazing and uncanny.
It’s official – holiday pay must include voluntary overtime and commission
Posted by John Macmillan in Insight
Earlier this year, we reported that commission must now be included when calculating holiday pay.
In 2011 Pinnacle Telecom Group Plc (PTG) and MacLellan IT Ltd (MIT) entered into a Business and Asset Purchase Agreement. Under this agreement PTG acquired the business and assets of MIT (including business premises in Kelty, Fife) in exchange for shares in PTG. The present case is a dispute between the wholly owned subsidiary of PTG (Pinnacle Cloud Solutions Ltd) and the successor of MIT (MacLellan Property Ltd).
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Scottish SMEs lag behind – Pensions regulator issues first fines over auto-enrolment
Posted by Martyn Shaw in Insight
Two years on from the beginning of the automatic enrolment regime, and The Pensions Regulator has been buoyed by the high level of engagement from employers and employees alike. It has confirmed that, as at the end of September, over 4.7 million workers have been automatically enrolled into a pension scheme, with some 33,000 businesses having met their legal duties to provide access to a compliant pension arrangement.
Last week the Department for Business Innovation & Skills (BIS) launched a new licensing regime with the aim of facilitating the lawful use of orphan works. The licensing scheme is implemented under the Copyright and Rights in Performances (Licensing of Orphan Works) Regulations 2014 which came into force on 29 October 2014.
The full report of the landmark decision laid down by the EAT in Bear v Fulton (and the other conjoined cases) has now been published and, in summary, the main findings are:
Court Of Session Casts Some Light On The Public Contracts (Scotland) Regulations 2012: Street Lighting Supplies & Co Ltd v Scotland Excel And Renfrewshire Council
Posted by Julie Hamilton in Insight
Background
In March 2014, Scotland Excel, a body formed by agreement between all 32 local authorities in Scotland, advertised a procurement exercise in relation to the supply of street lighting materials. Street Lighting Supplies & Co was unsuccessful in its tender for the supply of steel and aluminium lighting columns. It raised an action arguing that Scotland Excel had breached its duties under the Public Contracts (Scotland) Regulations 2012. The raising of the action prevented Scotland Excel from concluding contracts with the successful tenderers. The defenders sought an interim order from the Court in order to remove this prohibition.