New Highland clearances

[Freeforester]

Afternoon all. Following a stalker’s unjust summary (constructive) dismissal and eviction on spurious grounds, a highland family who have looked after a notable North Highland Sporting Estate over three generations (40 years) are being forced out of their house. Without going into details here, I’m wondering whether any legal minds here are able to advise the best course of action to see justice in this (to my mind) appalling matter; if anyone has an ability to advise in regard to the legal position and HR type matters, please can you get in touch via pm, thank you.

I do not say this lightly, but I have no doubt whatsoever that this matter will be recorded in history as a most unjust affair, indeed it is certain to cast an unwavering spotlight on those responsible for such reprehensible and unjustified actions, and will be seen as a 21st century example of the past wrongdoings we have seen visited down throughout the history of the highlands by ‘the Powerful‘ against those without a voice, which will be heard in due course.

Thank you for any assistance or advice rendered.

 

[John Gryphon]

looked after a notable North Highland Sporting Estate over three generations (40 years) are being forced out of their house.

Is it their house or the estates house? The landlord wins in that case.

 

[Foxyboy43]

I regret to say it but as I have recorded before on this forum it is happening everywhere in Scotland. There is simply no longer any loyalty to the stalker/ghillie - over the last few years I have increasingly seen a pattern of dismissal which usually involves the estate bringing in contractors to quickly cull the required number of deer and giving the Resident Stalker 3 months (sometimes less) notice. Ex-Stalker and family then loses salary/livelihood, home/upkeep and vehicle and the estate immediately rents out the now vacant house. Sadly for increasingly under-pressure landowners - thanks to you-know-who and their land ownership/game shooting plans and (mis)management, there is little viable alternative.
Short of a french-style revolution I fear estates, their staff and the future of shooting in Scotland are in deep, deep trouble.

 

[lochty]

Steve, you have a pm.

 

[Ant ler]

Well #Freeforester I know exactly of whom you speak. Very very sad indeed. The people/family involved have been stalwarts of that estate, infact they are the estate. They have worked incredibly hard over the last 40 or so years to bring the estate and its deer population up to what it is today. Very unjustified in my mind. 40 years of knowledge lost in a fowl swoop.

 

[HallyButt]

I think this is going to happen more and more and England too. The paradox between a stalker ‘managing’ deer to prolong their business or hobby and an increasing number of landowners who have a zero deer policy.

 

[sauer]

I’ve watched umpteen examples of gamekeepers / stalkers being blatantly removed / laid off from jobs involving major upheaval and stress on whole family … and these in power / money get away with it as
A. Have money to fight any recourse
B. Person being screwed over doesn’t want to make waves or get bad rep as trouble maker as such a small world .
End result is those in charge do what they want with scant regard for those who do the work … loyalty means nothing now a days …it’s archaic
Combine this with times we are in now and seeing a major shift in land useage … it’s only going to get worse

 

[gixer1]

It’s awful to watch this happening to a number of estates/shoots but I doubt there will be anything that can be done legally as it will be down as redundancy as no longer required.

Money talks…no quarter is given for tradition or the care of the ground.

 

[Mick9abf]

Afternoon all. Following a stalker’s unjust summary (constructive) dismissal and eviction on spurious grounds, a highland family who have looked after a notable North Highland Sporting Estate over three generations (40 years) are being forced out of their house. Without going into details here, I’m wondering whether any legal minds here are able to advise the best course of action to see justice in this (to my mind) appalling matter; if anyone has an ability to advise in regard to the legal position and HR type matters, please can you get in touch via pm, thank you.

I do not say this lightly, but I have no doubt whatsoever that this matter will be recorded in history as a most unjust affair, indeed it is certain to cast an unwavering spotlight on those responsible for such reprehensible and unjustified actions, and will be seen as a 21st century example of the past wrongdoings we have seen visited down throughout the history of the highlands by ‘the Powerful‘ against those without a voice, which will be heard in due course.

Thank you for any assistance or advice rendered.

Out of interest is this due to a ‘change of use’ of the land which follows a pattern wholly supported and endorsed by the incumbent Scottish Government or is it a new owner wanting his ‘own’ team in and perhaps using a particular company for same?

 

[Freeforester]

Out of interest is this due to a ‘change of use’ of the land which follows a pattern wholly supported and endorsed by the incumbent Scottish Government or is it a new owner wanting his ‘own’ team in and perhaps using a particular company for same?

Neither, it is altogether more malign, but I’m not going to elaborate here, just to say I have known the family and assisted for three generations, and they have run the day to day affairs and works on the place with exemplary record and example, as witnessed by numerous long-standing returning guests and indeed the previous two owners and their managers. All now in hand, thanks for the assistance offered and, I’ve little doubt that as/when all the details become public knowledge people may be able to judge for themselves. Fwiw, the property makes a rather substantial profit every year.

 

[Ant ler]

I can 100% back up what #freeforester is saying. Amazing family who were all about the care of the estate.

 

[opticron1]

Afternoon all. Following a stalker’s unjust summary (constructive) dismissal and eviction on spurious grounds, a highland family who have looked after a notable North Highland Sporting Estate over three generations (40 years) are being forced out of their house. Without going into details here, I’m wondering whether any legal minds here are able to advise the best course of action to see justice in this (to my mind) appalling matter; if anyone has an ability to advise in regard to the legal position and HR type matters, please can you get in touch via pm, thank you.

I do not say this lightly, but I have no doubt whatsoever that this matter will be recorded in history as a most unjust affair, indeed it is certain to cast an unwavering spotlight on those responsible for such reprehensible and unjustified actions, and will be seen as a 21st century example of the past wrongdoings we have seen visited down throughout the history of the highlands by ‘the Powerful‘ against those without a voice, which will be heard in due course.

Thank you for any assistance or advice rendered.

First of all I would suggest that the Stalker discusses this with an appropriately trained (and experienced) solicitor in employment law - yes, it does cost money, but with such a length of service the amount of redundancy could be considerable. If there has been a deliberate move to have him and the family evicted on spurious grounds, this will also be a cause for substantial compensation, but a full discussion with someone with knowledge of the case is essential - I know some solicitors give a free introductory session to discuss the possible actions.

Secondly.....and sadly, this has been an emerging problem for the last few years, land is being used as an investment tool with a growing emphasis on "greenwashing". There are always adverts in the financial papers encouraging landowners or purchasers to go down the route of carbon offset and tree planting to get as much financial benefit as possible. The much vaunted "land reform" (sic) by the obnoxious and mediocre SNP and their Green poodles has been shown to be just so much hot air! Rather than change from horrible, nasty absentee land owners, we've moved to a new range of absentee tax dodging, subsidy junkies with the blessing of the idiots in Holyrood. The number of Estates who do actually want to look after the land for future generations is sadly diminishing..... as you say....the new Highland clearances.

 

[Heym SR20]

And sadly the knowledge and expertise that the stalkers and others on the land have is being lost. Contractors do not have that at all, and have no loyalty. They shoot, when the ground is clear of deer they leave. Very soon there won't even be any work for contractors.

And many estates are passing from previous owners to new. Sometimes down families, some not. New owners very quickly find that they are not the money pot they thought they could be, nor can they provide a quick return. They need investment and hard work. Yes things change, and new businesses need to thrive. Farming / estates need to diversify. But as we have all seen on Clarkson's Farm, dealing with beuracrats of any persuasion is just at complete odds with running a thriving community and estate.

 

[Whitefront]

Afternoon all. Following a stalker’s unjust summary (constructive) dismissal and eviction on spurious grounds, a highland family who have looked after a notable North Highland Sporting Estate over three generations (40 years) are being forced out of their house. Without going into details here, I’m wondering whether any legal minds here are able to advise the best course of action to see justice in this (to my mind) appalling matter; if anyone has an ability to advise in regard to the legal position and HR type matters, please can you get in touch via pm, thank you.

I do not say this lightly, but I have no doubt whatsoever that this matter will be recorded in history as a most unjust affair, indeed it is certain to cast an unwavering spotlight on those responsible for such reprehensible and unjustified actions, and will be seen as a 21st century example of the past wrongdoings we have seen visited down throughout the history of the highlands by ‘the Powerful‘ against those without a voice, which will be heard in due course.

Thank you for any assistance or advice rendered.

Naturally, I feel sympathy for the plight of the family concerned, but I do not understand the phrase "summary (constructive) dismissal". An employee may be "summarily dismissed" in certain instances - typically if they are alleged to have committed gross misconduct, with the usual examples being dishonesty or criminal behaviour. If contested, the onus would be on the employer to prove their case at a tribunal. (I have heard rumours of employers using transgressions such as the unauthorised use of fuel for personal vehicles to force an issue in the manner they wanted for other, underlying reasons. )

"Constructive dismissal", on the other hand, is when an employee's working life is made intolerable and they make the decision to leave their employment. Again, they have recourse to the employment tribunal after the event.

It is worth noting that these tribunals bend over backwards to assist the employee and there is no fee for taking a case to tribunal (although it might be wise to have professional help).

Having to leave a family home is another matter that gets highly technical. To be frank, most observers think that the system tends to lean heavily in favour of the tenant - although the whole matter of tied cottages can alter this.

The stalker certainly needs some proper legal advice. At the very least, they should start by consulting Citizen's Advice, who will explain what the stalker's rights are and what the family can do about losing their home. There are strict deadlines for lodging a case or appeal. The CA service is free and they normally have a list of solicitors who will provide a free initial consultation, or the details of university law departments whose students may take a case on for free, under supervision.

Good luck.

 

[roaring_stag]

Steve, I have a bit of experience in this sort of thing in my job - if you want to give me a call for a blether and to use me as a bit of a sounding board for this issue, then would be good to have a catch up. You know where I am. ATB, RS

 

[Scotty99]

PM sent.

 

[Freeforester]

Thanks to all who have given of their time and advice in this matter, all in hand now. The rest and outcome may or may not be found in the national media in due course. If published, it’ll make one hell of a ‘write-up’.

Admin please feel free to close this thread now, thanks.

 

[Tazz]

Well #Freeforester I know exactly of whom you speak. Very very sad indeed. The people/family involved have been stalwarts of that estate, infact they are the estate. They have worked incredibly hard over the last 40 or so years to bring the estate and its deer population up to what it is today. Very unjustified in my mind. 40 years of knowledge lost in a fowl swoop.

Sadly in many of these cases the landowner gets to a certain generation ( The new and I know best) of the family or, even worse it is bought by new money, the the decision they often make is factored on how much you cost not how long you have given loyal service and what great store of knowledge have you acquired in that time

 

[HonestJohn]

Holyrood is selling Scotland and it's heritage/resources to the highest bidder and throwing it's own people under the bus, despite supposedly being 'nationalist'

I love Scotland, but let's be honest, there are 3rd world countries with more integrity and sense of direction, ambitions and pride in national resources...did I mention leadership...