A number of cases have looked at worker status in recent years, focused mostly around the ‘gig economy’ with claims against companies including Uber and Deliveroo. The gig economy typically involves individuals working in temporary positions in the service industry, such as food delivery or private couriering. The sharp increase in the number of people working in this sector has led to a huge shift in the cultural and business environment ...
Last November the expert group appointed by the Scottish Executive to consider a statutory offence of corporate culpable homicide issued its report. As expected, the group proposed a new statutory offence of corporate killing. It recommended that this should apply to incorporated companies and, as far as possible, to unincorporated and Crown bodies. The report recommended that two individual offences (applying to named persons) be introduced ...
In April last year, companies were given greater flexibility in protecting their directors against certain liabilities as a result of changes to the law. The changes recognised increasing concern over directors' exposure to liability arising from legal proceedings brought by third parties. The Companies Actprohibits a company from exempting directors in respect of liability if negligent, in default or in breach of duty or trust ...
There are three possible courses of action in this situation. These are: Derivative action A derivative action is brought under common law by a member on behalf of a company in respect of a wrong done to that company. Remedies awarded are for the benefit of the company. Derivative actions are an option where the company itself could sue and there has been a fraud on the minority, illegality or a failure to approve a matter by the members passing an appropriate resolution ...
Asbestos was used extensively in UK commercial and residential buildings in the 20th century, primarily for insulation, flooring and roofing, as well as being sprayed on ceilings and walls. On health grounds, the UK banned the use and import of all asbestos in November 1999. The House of Commons DWP Select Committee recently conducted an inquiry into the Health and Safety Executive’s (HSE) approach to asbestos management ...
The word ‘radical’ has been used by both supporters and critics alike when commenting on the various proposals set out by the Scottish Government in the Land Reform (Scotland) Bill. This gives a flavour of the tone of the debate. Both sides have also been particularly vocal on the previously little discussed topic of succession and assignation of secure agricultural tenancies. The implications of the proposals are discussed in this briefing ...
Earlier this year, Scotland won the Calcutta Cup at Twickenham for the first time since 1983, thanks to a try from Duhan Van Der Merwe. The football team heads to Wembley this summer hoping to replicate the success of their rugby counterparts. The attack will likely be led by a strike pairing born in Leicester and the Gold Coast. Both these footballers qualify for Scotland due to family connections ...
Changes to the rules relating to the use of red diesel will come into effect from April 1 2022 as a result of amendments to the Hydro Carbon Oil Duties Act 1979. The new rules set out a list of “excepted machines” which are allowed to use red diesel. A vehicle that is used for a purpose related to agriculture, aquatic farming, horticulture and forestry is allowed to use red diesel and can be used on the public road if the use is for one of those purposes ...
Self-regulation of retail banking came to an end on 1 November 2009 with the establishment by the Financial Services Authority (FSA) of a new banking conduct regime. This new regime largely replaces the voluntary Banking Codes and comprises: 1 ...
Earlier this year I wrote about a court challenge being made by the rewilding charity Trees for Life against NatureScot, challenging the issue of licences to kill beavers. This followed the release of information by NatureScot reporting that, during 2019, 87 beavers were killed and 15 were live trapped under licences that it had issued to farmers and landowners ...
"Shouldn't you be at work?" - sports presenter Des Lynam's famous words during the BBC's World Cup 98 coverage may well be repeated by many an employer over the next week or so. For as the Beijing Olympics reach a crescendo, businesses are once again facing up to the challenges posed by a major sporting event. But there are ways to ensure that the 29th Olympiad does not add to the headaches being suffered by credit-crunched employers ...
Two significant events this week raised eyebrows in the lucrative world of live sports broadcasting. Firstly, Facebook agreed an exclusive deal to show La Liga to users in Asian territories including India, Bangladesh, Sri Lanka and Pakistan. It will live stream all 380 matches this season for free to its 348 million users in the region. The move fits with Facebook's ambition to grow use of its social networking platform outside markets that have reached saturation ...
Interdisciplinary collaborations and partnering across the medical research and life sciences sectors are becoming increasingly common. Large corporations with good industry reputations and large research budgets are seeking to collaborate with smaller companies developing next-generation products. Equally, smaller companies are coming together to share complementary know-how and technologies and to work together in the global marketplace ...
In October 2013 the Department for Business Innovation & Skills (BIS) published a consultation on company filing requirements as part of its Red Tape Challenge (RTC) to reduce unnecessary regulatory burden. The consultation aims to consider where opportunities may exist to improve and simplify the current requirements for companies to file certain information with the Registrar of Companies at Companies House ...
The Department for Business Innovation and Skills has now published its final guidance on the Agency Workers Regulations, which come in to force on 1 October 2011. The final guidance makes the provisions and requirements in relation to pay between assignments clearer especially in relation to annual leave. There has also been a minor change to remove one-off non-contractual bonus payments from the definition of pay ...
The Department for Business Innovation and Skills has now published its final guidance on the Agency Workers Regulations, which come in to force on 1 October 2011. The final guidance makes the provisions and requirements in relation to pay between assignments clearer especially in relation to annual leave. There has also been a minor change to remove one-off non-contractual bonus payments from the definition of pay ...
In a recent appeal by a pharmacy, Doorstep Dispensaree Limited (“Doorstep”), against a Monetary Penalty Notice and an Enforcement Notice issued against it by the Information Commissioner’s Office (the “ICO”), Doorstep was partially successful, specifically against the level of fine imposed by the ICO under the Monetary Penalty Notice ...
Even if an idea for a new invention only exists in the mind of an employee, that idea belongs to the company…unless the contract of employment clearly states otherwise! The importance of ensuring that contracts of employment cover this area has been brought into sharp focus by a recent case in Texas, where the rules are very similar to those in the UK ...
Blockchain is a distributed ledger of data entries. The entries are processed and managed by a series of different computers, or ‘nodes’, which can be running on different servers. Every computer connected to the system keeps a copy of this ledger, meaning that different parties can view and manage the same information in real time. It also makes it exceptionally safe and secure. The energy sector has been relatively slow to adopt blockchain technology ...
The Court of Session has considered whether court proceedings can be raised to interrupt time bar, despite a contractual provision requiring adjudication before litigation. The issue Construction contracts often provide a hierarchy of dispute resolution processes. Before a party is permitted to litigate (or arbitrate), it is often required to attempt to resolve the dispute through another method (or methods) of dispute resolution ...
Earlier this year, Prime Minister Theresa May said the government wanted to, “secure broad energy cooperation with the EU”, including by, “exploring options for the UK’s continued participation in the EU’s internal energy market” ...
Whatever your views on Brexit, the deferment of the UK’s leaving date from the EU provided British industry some welcome breathing space to prepare for Brexit. Given the issues that still divide the two main political parties, the UK may yet leave the EU without a deal on 31 October ...
The effect of Brexit on EU nationals living and working in the United Kingdom will undoubtedly be of interest to many employers as things develop over the coming months. The provisions for leaving the EU are outlined in Article 50 of the Treaty on European Union, which states that "Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements ...
One of the most pressing issues for employers in relation to Brexit is immigration and the rights of EU citizens following the UK’s exit from the EU. Many UK businesses hire EU workers, with some sectors such as agriculture being particularly dependent on seasonal EU workers; still more will employ individuals who have family members who are EU nationals ...
On 30 March 2011 the Government confirmed that the Bribery Act 2010 will come into force on 1 July 2011, the announcement being accompanied by the Government's finalised guidance on adequate procedures (see Government Guidance Report) along with non-statutory "quick start" guidance (see Quick Start Guide) ...
