The following Employment practice note Produced in partnership with Russell Bradley of Ampersand provides comprehensive and up to date legal information covering:
This Practice Note examines the legal issues that arise when engaging an apprentice in Scotland.
For information on the Kickstart Scheme, which provides funding for six month job placements provided to those aged 16–24 who are claiming Universal Credit and at risk of long term unemployment, see Practice Note: Kickstart Scheme.
The contract of apprenticeship has its origin in Scotland in the middle ages where its purpose was to monopolise the art or business practised in certain trades. As long ago as the early 19th century, courts were being asked to distinguish between contracts of apprenticeship and other contracts, usually of employment. That question has continued to be asked.
The Scottish Modern Apprenticeship regime is very different and widespread. It is in large part state assisted as part of an effort to match skills with the needs of business and industry. Modern Apprentices learn both ‘on the job’ and from colleges and universities. The apprenticeship is overseen by training providers. Modern contracts are often tripartite involving employer, apprentice and trainer.
A contract of apprenticeship, while it may include a contract to work for hire, is primarily a contract to teach and to learn a certain trade or handicraft.
It has been recognized that it is often difficult to distinguish apprenticeship from other similar contracts. But the distinguishing features are the
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Tipping off and prejudicing an investigationIt would undermine the benefit to the authorities if, a suspicious activity report (SAR) having been made, the alleged offender were to be made aware of the interest in their activities so that they could take steps to cover up their misdeeds or disappear.
Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. Interference must be unreasonable, and may be caused, eg by water, smoke, smell, fumes, gas, noise, heat or vibrations. Where the defendant has not
There may be times when, rather than assigning the benefit of an agreement to a third party, the original parties wish instead to end their obligations to each other under that agreement and, in effect, recreate it, with the third party stepping into the shoes of one of the original parties. This is
This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key characteristics. Specifically:•trespass to land•trespass to the person•privacy/defamation•liability for animals•employers' liability•product
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