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Dallas McMillan's Glasgow Lawyers' Blog

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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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UBER Driver Case – Tribunal finds that they are “workers”

The Employment Tribunal has issued its Judgment in the much awaited case involving the companies behind the Uber app and two drivers. Uber was developed and released in 2010 as a mobile phone app which has over 40,000 taxi drivers signed up, with 30,000 of these being in London alone. The app allows passengers to easily locate and book available taxi drivers without the need to go to a registered rank or calling a dispatch office. Payment is made by credit or debit card based on the distance and time travelling. It is seen as the stress free way of booking a taxi.

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Statistics Reveal Fall in Road Accident Casualties

The latest statistics from Transport Scotland have confirmed that one hundred and sixty-eight people were killed in reported road accidents in Scotland in 2015, which is a reduction of 17% compared to 2014.

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Supermarket Equal Pay Claims

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On Friday 14th October 2016, the Employment Tribunal in Manchester handed down its Judgment following the Preliminary Hearing of 7,000 Asda workers who have been fighting an equal pay claim against the supermarket. The claims were originally brought in 2008 and the recent Judgment is a significant victory for the workers.

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Christian bakers lose appeal as Appeal Court upholds discrimination claim

The Northern Ireland Court of Appeal had handed down its decision in the much publicised Gay Cake case, more accurate known as Lee v McArthur, McArthur and Ashers Baking Company Ltd. The Court upheld the previous decision of the County Court ruling that Mr Lee was discriminated against after the bakers’ refusal to bake a cake that included the slogan “Support gay marriage”.

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Campaign to Raise Awareness of Falls from Height

A new campaign to raise awareness of the impact that accidents at work, and in particular accidents involving falls from height, can have on workers and their families has been launched by safety charity RoSPA.

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UK Property Market Post Brexit Decision

Recent research conducted by Which? Mortgage Advisers has given an interesting insight into the state of the UK property market 100 days after the Brexit decision.

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Worker Seriously Injured After Lift Pit Fall

A construction company from Cardiff has appeared in court on health and safety charges after a worker was seriously injured falling down a lift pit.

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