Tuesday 16^th July is an important day in Scotland for babies, children, and young people across Scotland. This is that date that the United Nations Convention on the Rights of the Child (UNCRC) (Incorporation) Act 2024 comes into force. Through this act becoming enshrined into Scot’s law, it will help to ensure that children enjoy their rights from the outset of proceedings they may become involved in.

Essentially, the enforcement of this convention into Scot’s Law will mean that Children’s rights will now be central to decision making on a national scale. Public authorities are now obligated to take an active approach to respecting children’s rights when decisions and actions are taken about their lives. It will now be unlawful for public authorities to act incompatibly with this convention. This convention will promote the participation of children and young people when it comes to making decisions and will help ensure that their rights are supported and valued.

Scotland is proud to be the first devolved nation within the UK to enforce this convention into the legal system. Children, young people, and their representatives can use the court to enforce their rights. Some examples of rights referred to in this Act are, the right to education, the right to freedom from violence, abuse and neglect, the right to a proper house, food and clothing and the right to relax and play.

Article 12 of the UNCRC gives children and young people the right to express their views, feelings and wishes in all matters affecting them, and to have these views considered and taken seriously. Our Litigation team are contactable on 01334 654081 to advise on how this Act can be used in Family actions regarding children and young people.

Children’s Hearings
Some of the most important decisions regarding children are regularly made at Children’s Hearings. At Rollos, we can represent parents, step-parents, kinship carers, siblings and most importantly, the child, at hearings. Our team are available to assist matters ranging from pre-hearing panels to the Sheriff Court.

What is a Pre-Hearing Panel?
A pre-hearing panel (PHP) is the hearing that is called to make decisions about who can attend children’s hearings. For example, if the child has an older sibling the panel can make a decision on whether they have a right to attend their sibling’s hearing. There are different legal tests for relevant persons and participation individuals therefore it is important to speak to a lawyer if you think you meet these tests.

Who is involved in Children’s Hearings?
The children’s hearing will always have 3 panel members who are the decision makers at the hearings. These are lay-people who have gone through specific training to become a panel member. Therefore, your panel could consist of a teacher, a fireman and a shop assistant. One of the panel members will be called the ‘Chair’ and they are responsible for the general running of the hearing.
There will also be the Children’s Reporter. They are an employee of SCRA (Scottish Children’s Reporter Administration) and they are the person who has organised and called the hearing to take place. They will also be the person who has drafted the grounds of referral. The child’s social worker will also attend children’s hearings and produce a report with any updates for the panel to consider. This will include background about the child’s family, schooling and any other information that may be relevant to the panel. There may also be solicitors in attendance. At children’s hearings, relevant persons, persons afforded the opportunity to participate and the child are all entitled to instruct a solicitor at the hearings.

What happens at a Grounds Hearing?
At a grounds hearing, the child and relevant persons go through the statement of grounds with the panel and state whether they agree or disagree with them. The grounds are the written reasons as to why a referral has been made to a children’s hearing. If everyone agrees with the grounds, the child can be placed on a Compulsory Supervision Order (CSO) which can last up to 12 months. This can include measures such as where the child lives and who they have contact with. If people disagree with the grounds, then they are referred to the Sheriff Court for a Sheriff to hear evidence on them and make a decision.

What happens at Court?
When the grounds are heard at court, the Sheriff has the important task in hearing evidence and determining what the grounds should contain. The Sheriff will hear evidence from all interested parties, usually relevant persons and/or the child, and make a decision based on the evidence they have been given. If they decide that the statement of grounds are true, then they will refer the matter back to a children’s hearing for further orders to be made by a panel. However, if they decide that they are not true, then the matter will be dismissed and there will be no further hearing.
If you are involved in a Children’s Hearing and think you may need assistance from a solicitor, you can contact the court team at Rollos.

Register of Persons Holding a Controlled Interest in Land

On 1^st April 2022, Registers of Scotland will open a new register, the snappily titled “Register of Persons Holding a Controlled Interest in Land”, or RCI for short.  The purpose of the Register is to increase and encourage transparency as to who controls land in Scotland.  Until the RCI goes live, we don’t know exactly how it will look, but here is what we do know.

Duties to Report

The RCI will place reporting duties on two categories of people, “Recorded Persons” and “Associates.

According to the legislation, “Recorded Persons” are those who are recorded or registered in the titles as being the owners of the land or property.  Recorded Persons are easily searchable on Scotland’s Land Registers for a modest fee, meaning that anyone can ask Registers of Scotland for information as to who owns a particular area of land.  This can be useful in establishing the legal owners to organise common repairs, or request formal rights of access, for example.

The difficulty arises where the person or persons named on the title are not actually those who make decisions or are actually in control of the land.  To use a company as an example, the title deeds may state that land is owned by XYZ Limited, but a search of Companies House discloses that the majority shareholder of XYZ Limited is actually John Smith.  Any decisions which are taken in relation to that land will be made by John Smith, and not by the company, which is under his control.

This is less of a concern for UK Companies and Limited Liability Partnerships (“LLPs”), as they are already under a duty of transparency, which requires that they notify Companies House of any person or persons in “significant control” of the entity.

The same is not, however, the case with partnerships or trusts, or community groups or bodies who hold title.  It is not uncommon for the title deeds to name partners or trustees who may have long-since retired or died, or who have now been joined by additional new partners or trustees, who are not named in the Land Register.

The intention behind the new RCI therefore is to create a separate register of persons who are in control of land, but who are not named on the title deeds.  The legislation refers to “Associates”, who are in control of or have influence and can make decisions relating to the land, even though they are not named in the titles.

Who are Associates?

Below are some examples of types of owners, and who may be considered to be Associates for the purposes of the legislation:

Type of Owner	Possible Associates
Individuals, eg Mr and Mrs Smith	Anyone who has a contractual or other arrangement with the owners which gives them influence or control over significant decisions in relation to the land – this is likely to be relatively rare in practice, and would not include mortgage lenders, tenants, etc.  This also would generally not include couples where title is held in the name of one party only, unless specific circumstances apply.
Firm or Partnership	Any current partners who are not named on the title deeds, or anyone who has the ability to appoint or remove partners, or influence decision-making
Trusts	Any current trustees who are not named on the title deeds, or anyone who has the right to remove or appoint trustees, direct investments or distribution of assets, revoke the trust or amend the trust deed, or who can influence decision-making
Unincorporated Associations such as charities, community groups, sports clubs, etc	Anyone who is responsible for the general control and management of the administration of the body who is not named on the title deeds, namely the office bearers, such as the chair, treasurer, etc.  It does not seem to be the intention of the legislation that ordinary committee members would be considered as “Associates”, although the structure of each organisation would need to be considered in each case to be sure.

 

Points to Consider

So what does all this mean?  In short, anyone who is a Recorded Person should consider whether there are any corresponding Associates who should be included on the RCI.

Recorded Persons who have identified possible Associates should inform these Associates of their obligations under the legislation, and highlight the timescales for compliance and the consequences of failing to do so.  They should also take reasonable steps to verify the accuracy of all information provided by an Associate, and make sure that the Associate is aware of the need to inform the Recorded Person of any changes in address etc.

Possible Associates should also consider whether they would fall into any of the above categories, and so would need to get in touch with any Recorded Persons to ensure that the correct notification is made.

Associate information required

The Register is not yet open, however the guidance indicates that each Associate will have to provide details of the date on which they became an Associate, their full name, contact address, date of birth (although this will not be made public on the register!) and any previous Unique Reference Number allocated to them in the RCI.

The legislation recognises that in some cases there may be legitimate reasons why an Associate would not wish their details to be made public in this way, and so there is a possibility for Associates to make what is referred to as a “security declaration”.  There are preconditions which must be met, and evidence must be provided to the Keeper of the Land Register to enable them to assess whether an Associate would be at risk of violence, abuse, threat of violence or abuse or intimidation if their details were published.  If the Keeper is satisfied that this would be the case, a note will be added to the RCI to state that a security declaration has been made, and the information will be kept confidential.

Compliance

The Register goes live on 1^st April 2022, and a grace period of one year is being given to allow Recorded Persons and Associates to consider whether any submissions require to be made.  From 1^st April 2023, failure to provide information within 60 days of any change is an offence, and can be punishable by a fine of up to £5,000.  It is important, therefore, that Recorded Persons begin assessing their circumstances now, so that any necessary disclosures can be made in good time.

Until the Register itself is open, it is not yet clear of the form of which these submissions will take, although it is anticipated that the information can be provided to Registers of Scotland by the affected parties directly, without the need for a solicitor.

We appreciate, however, that some clients may be unsure about whether the legislation applies to them, or who needs to submit information to the RCI, and so we are happy to assist clients in considering whether any such submissions are required, and undertaking these on their behalf where necessary.

We will issue further guidance on this point once the Register is up and running, but if you have any queries, please do not hesitate to contact one of our solicitors for further information.

This is a specialist Traineeship post in which you will spend your full Traineeship based in our Court department, gaining in-depth knowledge of court processes, procedures and appearance work together with exposure to dealing with clients on all levels.
Our team handles a wide and interesting range of representation in most civil cases including Family Law, Employment Tribunal, First Tier Tribunal (landlord and tenant), Guardianships, Contract Disputes, Personal Injury and Debt Recovery. The successful candidates will be given a robust and comprehensive training equipping them to practice in the Dundee and Kirkcaldy Sheriff Courts.
The focus will be on Family Law and debt recovery initially, however, the work stream will ultimately allow you to have exposure to a range of varied and interesting work.
The successful candidate will have a keen interest in working in the Litigation field and ideally will have already, or be about to, complete their Diploma year.

Applications should be submitted to the Practice Manager –heatherdavidson@rollos.co.uk.

Phishing… spear fishing… whaling. Quirky names that describe email scams routinely used by fraudsters to obtain sensitive information from their chosen victim. The end goal for the scammer, of course, is to obtain large sums of money from their target which often becomes impossible to recover. Cybercrime of this sort is becoming both more sophisticated and more common. Therefore, it is absolutely crucial that firms and individuals alike stay vigilant amidst a turbulent financial climate.

There exists no concrete list of the form these scams will take; they constantly change along with the way that they reach the victim. However, they tend to originate via email as this is an instant and often untraceable way of reaching you. These emails will appear genuine on their surface; they may use the Company’s branding and may try to mimic a domain name.
A common example of a phishing scam targeting Solicitors is an email from someone impersonating a member of staff notifying a change in bank account details midway through a transaction. Another such example may be an email containing a fake invoice together with instructions that bank account details have changed. Our advice for any communications via the internet is to be vigilant. Steps should always be taken to verify the email is genuine. Fraudsters often build a relationship through a number of communications – and not just one email!
When communicating with Rollos through the internet please note:-

1. Rollos bank account details will NOT change during the course of a transaction. If you receive an email intimating a change please phone our offices immediately.

2. We will not notify you of our bank details in the body of an email. This will always be officially communicated to you via telephone or written correspondence. This may be in a PDF document attached to an email. In these circumstances the details should be verified by another means, e.g. a call, letter or previous confirmation / use.

3. Our domain name always ends in @Rollos.co.uk. Always verify the senders email address when corresponding about a transaction. If you are still unsure then phone our offices.

4. Fake invoices often miscalculated and inaccurate. If you receive any invoice, always be sure to check the accuracy of the figures against what you have been officially told by any of our staff. Further, ensure that any reference numbers correspond with what you have seen previously.

5. Stay vigilant for changes in language or tone. If an email seems strange to you in any way it may be that the sender is not who they say they are. Key indicators are spelling errors and emails in a different format.

The steps above will reduce the risk of exposure to fraud but given the changing nature of the scams used, may not always be sufficient to detect cybercrime. If you have any doubts as to the legitimacy of correspondence received please contact one of our Rollos offices on a confirmed phone number.

Rollos are proud to announce that we will be taking part in Will Aid again this November. The pandemic taught us that life is precious, yet almost half of UK adults do not have a Will. Will Aid month is the perfect time to plan for the future, whilst also making a difference by raising money for charity. Rollos Law has now raised a total of £118,466 to date, making it one of Will Aid’s top donating firms.

We will prepare a basic Will without charging our usual fee. Instead, we ask you to consider making a voluntary donation to Will Aid. The suggested donation is £100 for a single Will or £180 for a pair of mirror Wills. Even if you already have a Will in place, it is important to keep it up to date. We recommend routinely reviewing your Will every 5 years, and making a new one when a significant family change occurs.

Peter de Vena Franks, Will Aid campaign director says:
“Will Aid is a fantastic opportunity to get an affordable Will with one of our friendly and approachable solicitors. They are generously giving their time without any payment to help people look after their loved ones and, at the same time, to raise funds for very worthwhile causes. This is the perfect opportunity to have a solicitor draw up your Will, protect your loved ones and give to charity at the same time. Please book early as solicitors tend to fill their appointments very quickly. ”

Not only can we make a difference to charity, we also support our local community. The money raised will be shared between Action Aid, Age UK, British Red Cross, Christian Aid, NSPCC, Save the Children, Sightsavers, SCIAF (Scotland) and Trocaire (N. Ireland).

If you are looking for a Solicitor to write or change your will and would like to support Will Aid, please contact us on 01334 654081.

Many people experience discrimination in the workplace as a result of their race. The Equality Act 2010 protects people against discrimination at work. It is against the law to discriminate against someone based on their race and the Act includes a person’s colour, nationality or ethnic or national origins in its definition of race.

Types of Discrimination

The following prohibited conduct is classed as discrimination:

1. Direct Discrimination – this is where a person is treated unfavourably because of their own race, the race of someone they associate with or how their race is perceived. For example, if someone is not employed, dismissed, offered poorer terms of employment or not given the same training or promotion opportunities solely because of race this is direct discrimination.

2. Indirect Discrimination – this is where a “provision, criterion or practice” of a workplace puts a person of certain race at a disadvantage when compared to a person who is not of the same race. This would usually include a policy, procedure, rule or requirement such as recruitment selection criteria or dress codes.

3. Harassment – this is where a person is subject to unwanted conduct because of their race and this conduct violates their dignity or created an intimidation, hostile, degrading, humiliating environment. For example, bullying, nicknames, threats, jokes or banter, gossip or insults based on a person’s race could amount to harassment and discrimination.
4. Victimisation – this is where a person is treated unfavourably because they have either made allegations of discrimination or supported a claim of discrimination.

What can an employer do to prevent discrimination?

An employer could be held liable for the actions of their employees so it is important for an employer to take every step to prevent discrimination in the workplace. Some measures that an employer can take are;
• To have a fair and open recruitment process
• To provide equality training for all staff members
• To provide a handbook with clear policies on equality
• To make sure any dress code does not unfairly disadvantage a certain group
• To take all complaints of discrimination seriously
• To make sure to avoid any racial stereotyping or the use of terminology that may offend a certain group even if the intention was a joke or ‘banter’.

How to take action against discrimination

Whether you wish to deal with your complaint of discrimination may depend on many circumstances
Informal action could involve an initial discussion with your employer about the discrimination you believe you might have experienced who may then talk to those involved to reach a resolution. This course of action may be appropriate if the matter is relatively straightforward and you want a quick resolution with as little stress as possible and without damaging any work relationships.
Formal action involves your employer’s grievance procedure and will usually involve a formal investigation and hearing. If the allegation of discrimination is serious, a formal approach may be required. Your employer should have a clear policy of who to complain to if you experience discrimination and what the process will involve.

If you are unhappy with how your complaint has been dealt with by your employer or cannot reach a resolution the next step is to raise an action with the Employment Tribunal. A claim to the Employment Tribunal must be made within three months minus one day of this discrimination taking place otherwise it will not be considered so it is important not to delay in making a complaint.

The first step when making a complaint to the Employment Tribunal is to contact Acas and inform them you intend to take you dispute to an Employment Tribunal. They will then encourage you to use their free early conciliation procedure to attempt to resolve the matter without going to the Tribunal. If you choose not to use the Acas early conciliation procedure or it does not provide a resolution you will be issued a certificate that you are required to provide to the Tribunal before raising a claim. This will usually extend the three-month deadline by another month. You can then make a formal claim to the Employment Tribunal who will decide if there has been discrimination and what the remedy should be. Remedies could involve compensation, re-employment, more work hours etc.

If you have any concerns about discrimination at work or any other employment law related matters, please get in contact with us on 01334 654081.

You can find links to:

Equality Act 2010:
https://www.legislation.gov.uk/ukpga/2010/15/contents

Acas website:
https://www.acas.org.uk/

Through decades of representing employers and employees some things never change… One thing being that there are some employers in Fife, Dundee and beyond that have not issued a written statement of initial employment particulars!

Many of them are unaware of a legal obligation to do so. The current pandemic has shone a light on that when furloughing their employees in the understandable mad dash to stay solvent and avoid redundancies.

However under section 38 of the Employment Act 2002, unless an employer can demonstrate that there are exceptional circumstances, employees could be entitled to an award of two to four weeks pay for their employers failure to provide a written statement of initial employment particulars or any changes in their terms of employment.

These terms must include the amount of pay, working hours and other rights and responsibilities. They must be provided no matter how long the employee is to work there and issued on or before their first day of work.

If an employee has been working before 6th April 2020 they can ask for written terms that meet these requirements perhaps informally in the first instance. The employer must meet the request within one month.

It’s a fairly straight forward task yet I am still surprised by the number of employees we represent who have no written terms or written contract! More often than not it only comes to light in a dispute later down the line if they have been dismissed or have resigned.

If you require any legal advice about your employment contract or on any other employment law matters please get in contact with us on 01334 654081.

The law on organ donation is changing. From the 26 March 2021 the Human Tissue (Authorisation) (Scotland) Act 2019 will come into force. From this date it will be assumed that a person will have agreed to be an organ donor unless they have ‘opted out’. It is now really important for people to record a decision on whether they wish to be an organ donor or not to make sure their wishes are followed.

How has the law changed?
Most adults will now be assumed to be willing to donate their organs and tissue for transplant on death. It is important to note that any organs or tissue donated through the opt-out system will only be used for life-saving or life-enhancing transplantation and will only be donated if there is someone on the waiting list who is a match for them.
This change in law only applies to the donation of commonly transplanted parts of the body such as the kidneys, heart, lungs, liver, tendons.
This change in the law does not apply to adults who lack capacity to understand the new law, adults who have been resident in Scotland for less than a year before their death and children under 16. Instead, if a person from one of these groups has not recorded a donation decision a close family member will be asked for authorisation.

How do I opt out?
If you do not wish to be a donor then it is quite simple to opt out. The easiest thing to do is to register your decision on the NHS Organ Donor Register at the undernoted link.
Another way to opt out is to clearly record your wishes in writing. This could be done by adding a clause in your Will or Letter of Wishes to accompany your Will. This would be a clear indication that you do not wish to be an organ donor and you will have ‘opted out’.
You can change your mind on opting in and out of organ donation at any time.
Now more than ever it is important for people to consider their personal views on organ donation and discuss this with their family.

If you wish to make or update your Will to include your organ donation wishes please get in contact with us on 01334 654081.

You can find links to:
Human Tissue (Authorisation) (Scotland) Act 2019:
https://www.legislation.gov.uk/asp/2019/11/contents

NHS Organ Donor Register:
https://www.organdonationscotland.org/your-decision/how-register