Under 21's no longer allowed in licensed premises

Yesterday it was reported in the Glasgow Herald that Glasgow Licensing Board has decided to suspend the Liquor Licence for after midnight opening for Karbon, a Glasgow nightclub, for a month, while the venue can now only admit over-21s.

Whilst the sanction of suspending the licence is within the remit of the Licensing Board, is it within their powers to enforce a condition that is Direct Age Discrimination, in contravention of the Equality Act 2010? The Licensing (Scotland) Act 2005 clearly makes the sale of alcohol to under 18s a criminal offence, however, this is the only age related reason to prevent access to licensed premises.

This situation is reminiscent of the gay couple who were refused accommodation in a Christian owned B&B. In their case, they were awarded compensation for direct discrimination.

What do you think?

To read the full story in the Glasgow Herald click here

Mother Nature wins again

The UK's weather last winter and Hurrican Irene last week show that no matter how much we plan, when Mother Nature decides she's going all out, there's not much we can do - or is there?

Extreme weather often means that people can't get into work, as we saw last year when the country almost came to a stop for days. This cost business millions of pounds.

You can't stop weather happening, but you can ensure that all your teams are clear about your policy about absence due to adverse weather conditions.


You should be planning now for the winter. Contact us for help in contingency planning and absence policies. 0141 880 9025 or email info@people-solutions.co.uk

Professional Bar Person qualification

We're going to be running a Professional Bar Person qualification on Thursday 1st September.

This consists of 2 modules:

1. Scottish Certificate for Licensed Premises Staff
2. Scottish Award in Customer and Drinks Service

This is a great qualification if you work in licensed hospitality and can also help you get a job in the industry. The course is £175 and is eligible for ILA funding so it could cost you nothing!

Call us on 0141 880 9025 if you would like to book a place on the course

Shoesmith dismissal in the Baby P Case ruled Unfair

Sharon Shoesmith

The High Court has ruled that the dismissal of Sharon Shoesmith, who was director of child services at the time Baby P was abused, was procedurally unfair, with rumours of compensation reaching millions.

The decision had been taken to dismiss Shoesmith, based on conclusions drawn by Ofsted that she had not seen and she was not given an opportunity to defend herself.

The court concluded that it was not possible to say that the outcome would have been the same even if she had been given an opportunity to defend herself. It found the process had been so flawed as to render her dismissal null and void. The court recognised that reinstatement would not be a possibility and, therefore, expressed the hope that the parties would be able to negotiate a settlement. This led to press speculation about possible seven figure payments, since the cap on unfair dismissal is not relevant to an award of compensation in a judicial review.

It is important to note, that this is a High Court decision, and was a judicial review. This only happens in the public sector. The issues are different in the private sector.  There is no scope for judicial review, and unless there is unlawful discrimination, compensation cannot be awarded in excess of the unfair dismissal cap, currently £68,400. However, the concerns about the need for procedural fairness, even with senior executives, are likely to affect other cases.

Your disciplinary procedure must reflect the ACAS Code of Practice, as a minimum. Please contact us on 0141 880 9025 for support in ensuring you have the appropriate procedures, before you need to rely on them.

Case ref 2011 EWCA Civ 642

Sue does Sushi

Watching the demo waiting for my turn

 Had a great night last Wednesday at the Pulse networking evening. Met some old friends and new connections and tried my hand at the sushi challenge (not as easy as they make it look) but I did win! The event was at Sapporo Teppanyaki Restaurant on Ingram Street and I will definitely be going there again. The food was great and the theatre of it very entertaining. 

It was a beautiful sunny evening so we started with a wee dram outside. Unfortunately some of us were apparently on the wrong side of the barrier so we were moved by the girls in blue but all was fine.

We’ve also had a busy week putting together a series of Manager’s Guides to give to clients taking them through what they need to know about all the different topics that relate to employing staff. There’ll be about 20 in all and clients will get one a month, building up to a complete guide to employing and developing staff. Plus we’re working on new marketing materials so it’s all go!