Legal definition
Whether or not an individual is an “employee” is generally determined by reference to the contract under which he or she works. The Employment Rights Act 1996 Section 230(1) defines an employee as:-
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Whether or not an individual is an “employee” is generally determined by reference to the contract under which he or she works. The Employment Rights Act 1996 Section 230(1) defines an employee as:-
A homeowner who claimed that Glasgow City Council had acted beyond its authority by imposing a condition that a home owner was required to pay their share of the cost of repairs to a tenement by the time the final account for the works was issued or be liable for the full costs has had his legal challenge dismissed.
Scotland’s most expensive street is currently to be found in St Andrews, according to new research by Bank of Scotland. The Scores, which is in very close proximity to the town’s Old Course golf course, now has an average house price of £2,179,000.
Plans for major changes to Scotland’s planning system, have been published by the Scottish Government. The revamp is aimed mainly at making is easier to build more high quality homes and at reducing bureaucracy and will give local people a greater say in planning issues in their area.
Our Personal Injury Team handle a large volume of claims on behalf of members of UCATT (Union of Construction, Allied Trades and Technicians – now Unite Construction, Allied Trades and Technicians) and Accord.
RICS recently published its housing forecast for 2017, which predicts an average increase of 3% in house prices in the UK over the course of the year.
Dallas McMillan Solicitors are delighted to announce that our official charity partner for 2017 is Cancer Support Scotland.
Employers use disciplinary procedures to inform employees that their performance isn’t to the standard expected and to monitor and encourage improvement. However, when not used or conducted appropriately, if dismissed an employee may have an arguable claim for unfair dismissal (if they have two years continued service), regardless of how blatant their misconduct.
Property law is the area of law that governs the various forms of ownership and tenancy in real property and in personal property. In Scots law, the distinction between real rights and personal rights is of utmost importance. Real rights include ownership, lease and security. For example, if someone owns a car, the legal position of that person is that he has a real right (of ownership) over a thing (the car). Legally, we could say that the individual has a real right of ownership in a car.
Following on from the previous blog UBER Driver Case – Tribunal finds that they are “workers” on 28th October, UBER have announced that they will appeal against the decision of the Employment Tribunal to the Employment Appeal Tribunal. The Employment Tribunal found in favour of the Claimants that they were workers and so entitled to certain employment rights in contrast to UBER’s position that the drivers were self-employed.
The latest House Price Index from Halifax has revealed that UK house prices in the three months to November were 6.0% higher than in the same three months of 2015, and 0.8% higher than in the preceding quarter of 2016.
The Crown Office and Procurator Fiscal Service (COPFS) has announced that it will be using new legislation to hold, for the first time, a joint Fatal Accident Inquiry. The announcement follows investigations into two separate fatal accidents at motor sport events.
The issue of drink driving is very much under the spotlight at this time of year, with the police, Government and various road safety organisations all launching their festive anti-drink driving campaigns in an attempt to reduce the number of injuries and deaths occurring on the roads.
As we approach Christmas, the talk of many offices will be the upcoming Christmas party. Doing your best to ensure that no colleagues turns up with the same outfit are just one of the many factors that employees need to think about and carefully plan. More often than not, employers will simply be happy (and perhaps more likely relieved) if the party passes off with nothing more than a few sore heads the next day and a fairly modest bar bill. While colleagues will tend to work side by side without incident every other day of the year, add in a little (or a lot) of alcohol and the Christmas night out can be a disaster waiting to happen.
The number of mortgages granted to first-time buyers in the third quarter of this year is at its highest level since 2007, according to new figures from the Council of Mortgage Lenders (CML).
A woman has been awarded compensation amounting to £335,000 after medical staff failed to prevent the death of her husband from heart failure, reports the Daily Mail.
The waste industry can be a hazardous sector to work in, with 5% of workers sustaining a non-fatal work-related injury every year, and a further 5% developing an illness they believe to be work-related.
The UK has seen an increase in interest from prospective homebuyers for the second month in a row, according to RICS, with 10% more surveyors reporting a rise in demand from buyers during October than a fall.
Recent research into attitudes towards housing tenure has found that home-ownership is still the nation's overwhelming preference and aspiration - and not purely for financial reasons.
If there’s an issue at work that needs resolved, an employer may offer the employee a settlement agreement. These are legally binding agreements aimed at resolving a dispute or smoothly ending the employment relationship. Crucially, they are negotiated confidentially and result in the employee giving up their right to take a claim to the employment tribunal in return for financial compensation. When a settlement agreement is put on the table, it’s therefore important for employees to be informed so they can proceed in a way that’s in their best interests and means they get a good deal. Below our specialist employment law solicitors provide a brief overview of settlement agreements and some tips for employees thinking about entering into a settlement agreement.