Dundee Employment Law

In Scotland, a city’s world-class industrial past informs its present In Dundee, a formerly industrial city along Scotland's eastern coast, the author finds many parallels to his Baltimore hometown.

Uncertain times ahead. Bringing staff back from Furlough? Redundancies? Just want to know your rights? I'm here if you need advice.

Home - Dundee Employment Law A member of UK Wide United Employment Lawyers, providing specialist Employment Law services, based in Dundee.

Employment tribunal fees repayment scheme launched - Personnel Today Announcement of how individuals who paid employment tribunal fees can apply for a refund, following the Supreme Court decision that fees were unlawful.

Treat people fairly to stay ahead of gig economy - UEL The following article by UEL Chairman Malcolm Mackay appeared in today’s Scotsman Newspaper: It’s very illuminating speaking to a mini-cab driver. Of course there’s been plenty of controversy over the future of the Uber hire car service in the big cities such as London. And there are definite worrie...

Booming gig economy can put workers at risk and they must be properly protected - UEL By Ewan Mowat (pictured) of UEL member firm AC White Solicitors of Ayr. If you have ever had a takeaway delivered or organised a private cab lift to the airport, you will have touched the gig economy. The gig economy has emerged over the last few years, creating thousands of jobs for those who want…

Please help Kanzen Karate to host the karate World Championships in Dundee June 2018. Our own World title holder Leah, is walking 25 miles to help fund raise, anything you can donate would be gratefully appreciated.

Help Leah make a difference I'm walking 25 miles at the Dundee Kiltwalk to raise money to help Kanzen Karate and the City of Dundee host the 7th WUKF World Karate Championships for all Ages. A fantastic opportunity for the kids of Dundee and Scotland. This event will bring together thousands of athletes, coaches, officials and...

How can the UK’s niche law firms secure a place in our technological future? - UEL Malcolm Mackay begins a series of thought-provoking blogs looking at how smaller law practices must step up and meet the challenges of the digital age. You would expect anyone who makes a regular living as a lawyer or in the legal profession to be curious about the technology that will determine the...

Employment law likely to see sweeping changes - UEL In an article published in today’s Scotsman Newspaper, UEL’s Chairman Malcolm Mackay considers the impact on employment law of security giving way to flexibility in the work environment. Do you remember when the lucky individual in charge of hiring and firing was called the personnel officer? There…

Driving Employment Rights Forward - UEL What do you need to know about the Uber Employment Tribunal Case and how will this affect employment rights? Marianne McJannett of TC Young discusses the Uber judgement. In a landmark decision, an Employment Tribunal has held that Uber, popular smart-phone taxi app, must treat its drivers as ‘worker...

Interesting Case on employment status. Taxi Companies beware.. Article courtesy of Deborah Miller.

The Employment Tribunal has ruled that two Uber drivers are “workers” within the meaning of the Employment Rights Act 1996.
The Tribunal looked closely at the arrangement between Uber and its drivers, and, despite the flexible nature of the arrangement, was satisfied that the control held by Uber was such that these drivers were “workers” and not self-employed, under UK employment law.

This decision was arrived at despite clear efforts by those who drafted the agreements between Uber and its drivers to preclude the formation of any employment relationship. The contract itself described the drivers as “self-employed.” However, the Tribunal looked beyond the strict wording of the contracts between the drivers and Uber and considered the true arrangement between the parties to establish that an employment relationship did exist. The decision can be read in full.
This decision has significant consequences for both driver and Uber alike as certain significant employment rights attach to “workers”. Workers are entitled, for example, to:-
• the National Minimum Wage (and the National Living Wage)
• 5.6 weeks’ paid annual leave each year
• A maximum 48 hour average working week and rest breaks
• protections under the whistleblowing legislation
“Workers” are not however entitled to certain rights which are preserved for “employees”, such as the ability to claim unfair dismissal, statutory redundancy payments, and the protection of TUPE.
This decision comes after the Commons Select Committee on Business, Energy and Industrial Strategy announced an inquiry into the “future world of work and rights of workers”. The inquiry will focus on the changing nature of work and the status and rights of agency workers, the self-employed and those working in the ‘gig economy’. There is no doubt that this decision, if upheld, will have implications for this so-called ‘gig economy’ and those involved should consider carefully whether their arrangements in practice are consistent with their arrangements in writing.
The decision will be welcomed by the some 400,000 Uber drivers throughout the UK, but they shouldn’t stop the meter running just yet. It is almost certain that this decision will be appealed, and it is perhaps only a matter of time before taxis to the Supreme Court are ordered.
In the meantime, this decision stresses the importance of getting ‘employee status’ right and ensuring that the correct employment rights are attached to the individuals in question. Employment status is a fact sensitive area of the law, and this decision highlights that the Tribunal will often look beyond the wording of any contract between the parties to establish the true agreement and relationship involved.

Article 50 and Brexit
The Divisional Court has upheld an application brought against the government, and held that the government does not have prerogative power to invoke Article 50 without a vote by Parliament.

In other words, Parliament needs to vote in favour of doing so before Article 50 is invoked. Theresa May (or, more probably, the Secretary of State for Exiting the European Union) cannot invoke it without Parliament's approval.

This is possibly the most important constitutional case of the century. And as I type this, news is breaking that the Divisional Court has certified the case as suitable for a 'leapfrog' appeal straight to the Supreme Court (although the Supreme Court still needs to give permission - but that is doubtless just a formality).

Why Dundee is becoming Britain’s coolest little city Check out the burgeoning art and restaurant scene on the banks of the River Tay

http://www.dundeeemploymentlaw.co.uk/

Home - Dundee Employment Law A member of UK Wide United Employment Lawyers, providing specialist Employment Law services, based in Dundee.

Approaching an employee about termination - are negotiations protected? - UEL Catriona Sutherland, a solicitor with UEL member firm Macleod and MacCallum (pictured), considers the position with regard to pre-termination negotiations. Since 2013, an employer has been able to have a confidential conversation with an employee about ending the employment without having to worry…

Don't just take the plunge on Twitter - UEL The gold standard for employees using social media is to remember: ‘If you wouldn’t say it at work, don’t tweet it online,’ suggests Marianne McJannett (pictured), an employment lawyer with of TC Young, members of the United Employment Lawyers network. Olympic gold-winning US swimmer Ryan Lochte fou...

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Inking and Career Sinking

Exciting weekend ahead for music lovers.https://www.thecourier.co.uk/fp/news/local/dundee/216079/almost-blue-festival-brings-weekend-gigs-dundee-music-fans/

Almost Blue festival brings long weekend of gigs to Dundee music fans - The Courier The annual Almost Blue festival will bring thousands of fans out to celebrate music across Dundee and Broughty Ferry this weekend. What began as a two-venue, half-a-dozen gig replacement for the now defunct Dundee Blues Bonanza just a few years ago has grown massively over the past three years and w...

https://www.thecourier.co.uk/fp/news/local/dundee/212086/warm-welcome-home-taysides-world-conquering-karate-kids/

Warm welcome home for Tayside's world conquering karate kids - The Courier Tayside boasts five new world champions after stunning success at one of the globe’s biggest karate championships. A 25-strong group set out from Dundee last week with the intention of proving themselves against 2,000 of the world’s best karate athletes. The medal haul the Dundee and Angus-based Kan...

Zombie Mayhem: Night of the living dead in Dundee - Evening Telegraph It’s an idyllic city wedding venue but for one night it will resemble a scene from The Walking Dead. Zombie Mayhem hits Dundee’s Mains Castle on Saturday — an immersive “live” experience where the last remaining Dundonians battle against the odds to locate a serum to save humanity. The Tele sent rep...

OorWullieBucketTrail on Twitter “Here's Howard Butterworth from working 'tyre'lessly on 'Oor Wheelie' sponsored by ”

Dundee flying the flag for LGBT rights - Evening Telegraph A rainbow came out over City Square today as Dundee City Council marked its stand against homophobia and transphobia. Lord Provost Bob Duncan was joined by Craigie High pupils to unfurl the international symbol of le***an, gay, bisexual and transgender (LGBT) rights, the rainbow flag. Mr Duncan said...

It is a shame to see the green spaces being developed. Dundee is proud of its City/Country feel and balance. It's what makes it different from the other major cities and a lovely place to live.

https://www.thecourier.co.uk/fp/news/local/dundee/174130/planning-chief-raises-fears-dundees-green-spaces-fair-game-development/

Planning chief raises fears that Dundee’s green spaces are fair game for development - The Courier One of Dundee’s most senior council officials has been accused of declaring open season on its prized green spaces. Thousands of small areas of public land dot communities across the city but Mike Galloway shocked councillors as he told them none enjoys protection. The director of city development u...

Dundee Employment Law, the employment specialists in the Tayside area.

New £16m Dundee centre for performing arts given green light A new centre for performing and visual arts is set to be created in Dundee’s former Post Office headquarters – three years after it was snapped up by an independent school.

https://www.thecourier.co.uk/fp/news/local/dundee/168703/ronan-keating-backed-roadshow-heading-to-dundee/

Ronan Keating-backed roadshow heading to Dundee - The Courier A cancer awareness roadshow backed by pop star Ronan Keating is coming to Dundee this month. Ronan, who lost his mum Marie to breast cancer, is urging people across Scotland to visit the Cancer reaseach roadshow for free advice on early diagnosis and the importance of going to the doctor with any he...

Love the way the City is developing.

'Game of Thrones' restaurant set to bring regal vibe to Dundee - The Courier A Dundee entrepreneur is set to open a luxury restaurant with a Sistine Chapel-inspired ceiling and original Game of Thrones features. Usman Malik, a graduate of Duncan of Jordanstone College of Art and Design, said the inspiration for Dynasty, his new venture, came from the renaissance and neo-clas...

NCR Dundee helps city celebrate innovative history.

Discovery Walk pays tribute to famous Dundee figures - BBC News A series of plaques marking pivotal figures in Dundee's history is unveiled at the heart of the city's £1bn Waterfront development.

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