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Insolvency in Scotland: Back to Basics – Part 1, Winding Up

This is the first article in 'Back to Basics', a series of articles looking at insolvency processes in Scotland. In this article I examine the court process for winding up a company. A winding up petition is a form of legal action that can be used when a company is unable to pay its debts as they fall due. Sections 122 to 124 of the Insolvency Act 1986 (‘the Act’) deal with how to wind up a company in Scotland...

Mandatory Vaccinations – Care Homes and Beyond - Part 1

One issue which many employers are currently grappling with is whether to make vaccination against COVID-19 compulsory for employees returning to the workplace. In a 2-part article we consider this issue in the context of care homes and other workplaces. Care home employers In Part 1 of this article, we look at the situation for care home employers. From 11 November 2021, all care home workers and anyone entering a care home must be vaccinated unless exempt under the Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) Regulations 2021 (Regulations)...

Whistleblowing in the COVID Era - Whistleblowing Policies

This is the third in a mini-series of articles looking at whistleblowing claims. This article looks at the importance of having whistleblowing policies in the workplace. Having a clear and cohesive whistleblowing policy in place assists employees with making whistleblowing complaints in a correct and compliant way and enables employers to handle them effectively in response.  Is it a legal requirement to have a whistleblowing policy in place? This will depend on the particular type of organisation...

Change in the Law Allows Outdoor Weddings

During the COVID-19 pandemic, the rules surrounding weddings regularly changed to reflect government guidelines and the world’s growing understanding of the virus. The rules ranged from a complete ban on weddings in March 2020, to a limit of 30 people (including the engaged couple) without any singing or dancing in June 2020, to a guest limit depending on the venue in June 2021, with various stages in between. As of 19 July 2021, the majority of legal restrictions on social distancing were lifted and weddings, in theory, could go back to ‘normality’...

What Does "Freedom Day" Really Mean for Employers?

Exactly 480 days after the first lockdown measures were introduced in England, 19 July – the so-called Freedom Day - will see the most significant easing of COVID-related measures in England since the pandemic began. But what will this mean for employers? Despite all the propaganda, it is unlikely that in years to come 19 July 2021 will be marked, remembered and celebrated as Freedom Day. Many have raised concerns that the easing of restrictions is coming too soon, when not enough people have received a vaccination, the thresholds for herd immunity have not yet been reached and the number of cases of the Delta variant are increasing...
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