In Scots law, special retention refers to the legal right of an individual to retain someone else’s property until they are compensated for expenses related to repairing or maintaining the property. This concept is akin to a lien, where possession of property is retained until a debt is settled. It should be distinguished from general retention, which involves the right to hold all of a debtor’s property as collateral for a debt.
Special retention is a legal concept in Scots law that grants a possessor the right to retain property owned by another until they are reimbursed for expenses incurred in repairing or maintaining the property. Essentially, if someone has spent money on fixing or taking care of someone else’s property, they have the authority to retain that property until they are compensated for their expenditures. For instance, if a landlord hires a contractor to repair a tenant’s apartment and the tenant refuses to cover the repair costs, the landlord can utilise special retention to retain the tenant’s belongings until they are reimbursed. Similarly, if a stable owner assumes responsibility for someone else’s horse and bears expenses for its sustenance, shelter, and medical care, they can employ special retention to retain the horse until they are reimbursed for their expenditures. These examples demonstrate how special retention serves as a safeguard for individuals who have invested money in someone else’s property. It enables them to retain the property until they are repaid, ensuring that they are not left at a financial loss.
Special retention refers to the legal provision that allows certain individuals to retain their position or employment despite reaching the mandatory retirement age. It is typically granted to individuals who possess specialized skills or expertise that are deemed essential for the organisation or industry.
Eligibility for special retention varies depending on the specific laws and regulations of each jurisdiction or organisation. Generally, individuals who have reached the mandatory retirement age but are still considered valuable assets due to their unique knowledge, experience, or qualifications may be eligible for special retention.
The duration of special retention can vary depending on the circumstances and the applicable laws. In some cases, it may be granted for a specific period, such as a few years, while in other instances, it may be extended indefinitely until the individual is no longer able to perform their duties effectively.
Employers generally cannot force an employee into special retention. It is typically a voluntary agreement between the employer and the employee, based on mutual consent and the recognition of the employee’s value to the organisation. However, specific laws and employment contracts may have provisions that require employees to consider special retention if offered.
Yes, an employee has the right to decline special retention if they do not wish to continue working beyond the mandatory retirement age. However, it is important to review any contractual obligations or legal requirements that may apply before making a decision.
Financial benefits associated with special retention can vary depending on the organisation and the specific terms of the agreement. Some employers may offer additional compensation, bonuses, or other incentives to employees who agree to special retention.
In most cases, employers cannot terminate an employee during special retention unless there are valid reasons such as misconduct, poor performance, or a breach of the terms of the special retention agreement. However, it is essential to review the specific terms and conditions of the agreement to understand the rights and obligations of both parties.
Yes, an employee can request special retention if they believe they possess unique skills or qualifications that are valuable to the organisation. However, the final decision rests with the employer, who will consider various factors before granting or denying the request.
An employer may have the discretion to extend special retention beyond the agreed-upon period if they believe it is necessary for the organisation’s operations. However, this would typically require mutual agreement between the employer and the employee.
In general, an employee can be replaced during special retention if the employer determines that another individual possesses the necessary skills and qualifications to fulfill the role effectively. However, the employer must adhere to any contractual obligations or legal requirements that may apply and ensure fair and non-discriminatory practices are followed.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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