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.

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

The ‘LBTT Holiday’ was introduced by the Scottish Government on the 15th of July last year in an effort to kick start the property market in Scotland. It is safe to say that it has been a success, with significant rises in the number of house sales in recent months. The holiday raised the nil rate LBTT threshold from £145,000 to £250,000 meaning that purchasers of property valued under £250,000 pay no LBTT. Welcome news for all.

Public debate over the last few weeks, however, has started to bubble in anticipation with the holiday period scheduled to end on the 1st of April 2021. The Finance secretary, Kate Forbes confirmed as part of the Scottish Budget on the 28th of January that the threshold would indeed be restored to £145,000. Many are now calling for the deadline to be extended amid fears over a potential bottleneck of transactions all trying to complete before the end of March. There are a number of existing property transactions that are midway through the process but may not settle before the deadline. Like a nightmarish game of Countdown, purchasers look to the clock and to their solicitors who are desperately trying to solve the conundrum in time.

Mrs Sturgeon now faces a barrage of robust opposition from institutions such as The National Association of Estate Agents (NAEA) and Apropos Property Management Group. They argue that extending the deadline by six months would offer some much needed breathing space to a sector which is already under intense pressure. Extending the deadline beyond that of our southern neighbours may also serve to further strengthen the property market in Scotland, making it attractive to foreign people and businesses. David Alexander, the CEO of Apropos Property Management Group stated that “Scotland has been enjoying a boom in the property market since the lockdown began in March with average house prices rising by 6.8% between March and September from £151,285 to £161,510 which is much higher than the performance of the rest of the UK.”

Whatever decision is taken by the First Minister, thriving Scottish property sales will be hard for her to ignore. For property transactions to have continued in the manner that they have throughout a global pandemic is somewhat remarkable. In any event, the market remains healthy and people still appear eager to move.

If you’re interested in buying or selling your home, Rollos can guide you through the process and make your experience as stress free as possible.

Cupar: 01334 654081
(cupar@rollos.co.uk)

6 & 11 Bell Street, St Andrews: 01334 477700
(standrews@rollos.co.uk)

114 south Street, St Andrews: 01334 477774
(propertyletting@rollos.co.uk)

Glenrothes: 01592 759414
(glenrothes@rollos.co.uk)