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Employment Status – what the law says

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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Pre-payment condition for housing repairs grant “not unreasonable”

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.

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Britain’s Most Expensive Streets

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.

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Major Revamp of planning system in Scotland unveiled

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.

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Recent results for UCATT and ACCORD members

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.

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House Prices Predicted to Rise in 2017

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.

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Dallas McMillan Announce Cancer Support Scotland As Their Official Charity Partner for 2017

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Dallas McMillan Solicitors are delighted to announce that our official charity partner for 2017 is Cancer Support Scotland.

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Unfair Dismissal: 4 Factors that Make or Break a Claim of Unfair Dismissal

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.

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What is Property Litigation?

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.

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UBER Driver Case – UBER decide to appeal

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.

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Lenders Publish Latest UK Property Market Figures

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.

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COPFS Announces Fatal Accident Inquiries

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.

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Reducing Drink-Related Road Traffic Accidents this Christmas

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.

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The season of goodwill… (Well usually) Vicarious Liability of employers and Christmas parties

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.

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Rise in Number of First-Time Buyers

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). 

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Woman Awarded Compensation for Husband’s Death

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.

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Fatal Accidents in the Waste and Recycling Sector

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.

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Shortage of Houses on the Market Pushes Up Prices

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.

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Home Ownership Is Still an Aspiration for Many

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.

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Negotiating Settlement Agreements - Tips for Employees

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.

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