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Archive for the ‘Law’ Category

Scotland Employment Law

Saturday, March 5th, 2011

Employing someone to work for you gives them certain rights, and you also have certain responsibilities, all covered by employment law. Scotland, of course, comes under the same broad laws governing employment that England, Wales and Northern Ireland do.

Wages:

Being employed means you receive a wage for work done. The wage should be commensurate with the skills of the employee and should be at least equal to the industry standard for the type of work. Employment law, Scotland, England, Wales or Northern Ireland, demands that all employees are given at least the minimum wage where it is applicable.

Pay Slips:

It is part of employment law that an employee must receive a written statement of their pay and the deductions made. The payslip should include the gross pay, all deductions made, such as tax, social security payments, etc, and the net pay, or take home pay. The pay slip may also include such information as the employee’s National Insurance number and tax code.

Contract of Employment:

Employment law states that an employee must receive a written contract of employment, or at least the main terms of the contract, within two months of starting work. The terms of the contract are the details, which are things like the rights and duties of the employee, and the rights and responsibilities of the employer.

A contract of employment is binding on both sides. It comes into force as soon as the employee agrees with the details and signs it. The terms will include such things as, the pay that an employee will receive, the hours he or she will be expected to work, the entitlement to holidays, the arrangements for sick pay, and the notice periods. It will also include the procedures for dealing with grievances, as well as the disciplinary process.

Rest Periods:

Workers are entitled to rest periods under employment law in Scotland. These fall into three broad groups: the rest periods, such as tea breaks and lunch breaks; the daily rest periods, usually the time between stopping work for the day and starting again the next day; and the weekly rest periods, days off, usually weekends consisting of Saturdays and Sundays.

Discrimination:

Every worker has the right to work without discrimination under employment law. Scotland is no different in this respect to any other part of the UK. Discrimination can take the form of sex discrimination, for example, where a person is paid less because of their sex. The 1970 Equal Pay Act makes this illegal for employers to do.

Age discrimination is where an older person is denied the chance of employment in favour of a younger person. Racial discrimination is where a person of a particular race is denied the chance of employment in favour of someone deemed more racially suitable. There are many more situations where discrimination exists and none of them are acceptable.

Property Law in the United Kingdom

Tuesday, November 9th, 2010

The United Kingdom has different property legal systems for England and Wales, Scotland and Northern Ireland. The Property law in England and in Wales comes from English Common Law System which dates back to the feudal system of land ownership.

Property is something that is owned by a person or organization. English law of property is divided into two categories: ‘Personal property’ and ‘Real property’. Real is any interest in land, real estates, growing plants or the improvements and developments on it and Individual is everything else.

The basic theory of English Property law of land is that all land in England and Wales is owned by the crown. The individual does not own the land but merely holds it from the Crown. When the grant of land is made to a person, he would be entitled to hold the land for a particular period of time.

Estates were divided into two main groups: estate of freehold and estate of leasehold (before 1925, known as estate less than free hold). English law has different statutes for both unregistered and registered land. However from October, 2003 it is compulsory to register all lands.

Now, personal properties can be divided into two main categories: corporeal personal which includes items such as, animals, jewelry etc. and incorporeal personal, such as, copyrights, stocks, bonds etc. In English law of property, there are still some differences between these two types of property. Such as:

* Real property like land must be transferred by deed. For personal property the rules are much flexible.
* Real property may have different incidents like co-ownership, leasing etc. where personal property may have not.
* There is no absolute ownership of land of real under English law. But personal properties there are absolute ownerships.
* Upon death of the owner real property like land, house, shop etc. goes to the heir whereas, personal property is instead divided by laws of the Statute of Distributions.
* Under English law, a will of lands doesn’t need proof, but a will of personal property or of personal and real property together does.