News

Deciding whether to buy or sell a property is always a difficult decision, but with rising household bills, a cost-of-living crisis, and higher interest rates leading to increased mortgage costs,...
What is Ground Rent? In simple terms, a ground rent is a contractual rental payment for the occupation of the land on which a property sits. It is usually paid...

COVID & Disability Status

Most employers will have experienced an employee who suffers badly with a bout of Covid, and which then develops into post-Covid-19 syndrome, or ‘Long Covid’. A Tribunal has looked at...

Discrimination – time limits

Section 123(1) of the Equality Act 2010 says that discrimination claims must be brought within three months of the alleged discriminatory act or such other period that the Tribunal thinks...

Holiday Pay

Employees are entitled to 5.6 weeks’ holiday under the Working Time Regulations 1998 (WTR). Calculating the holiday pay of someone with no normal working hours can be tricky. Some employers...

TUPE

When there is a TUPE transfer, all of the transferor’s (the original employer) rights, powers, duties and liabilities connected to the transferring employee’s contract of employment transfer to the transferee...
Can continued lateness justify dismissal? The EAT in Tijani v The House of Commons Commission held that it could. The employee had been a cleaner at the House of Commons since June...

Legal Privilege

Communication between a client and their solicitors for the purposes of getting legal advice, and any documents prepared for the purposes of litigation, are ‘privileged’. This means that they do...
Compensation If an employee wins an unfair dismissal claim, the employment tribunal can award compensation that they consider to be ‘just and equitable’ bearing in mind the employee’s losses. In...

Redundancy

Normally in employment tribunal cases, the tribunal will only make decisions about issues that are raised in the pleadings (the ET1 and ET3) and/or those agreed between the parties during...

Worker status

Section 230(3)(b) ERA says that an individual will be a ‘worker’ if they work under a contract with the company and have agreed to personally perform some work. However, they...

Off the record conversations

‘Without prejudice’ correspondence or conversations, which take place in a genuine attempt to settle a dispute, cannot then be used as evidence in subsequent legal proceedings. There are a few...

Restrictive Covenants

Restrictive covenants are terms in contracts of employment which restrict the employee’s activities after employment has ended. They will be void – and unenforceable – for being in restraint of...

Discrimination

Discrimination arising from disability happens when an employer treats an employee unfavourably because of ‘something’ arising from their disability and the employer cannot justify the treatment as a proportionate way...

Constructive Dismissal

An employee is constructively dismissed if the employer fundamentally breaches the contract of employment and the employee resigns in response. A breach of the implied term of trust and confidence...

Her Majesty The Queen

As a firm we are deeply saddened by the death of Her Majesty The Queen. Queen Elizabeth II, our longest-reigning British monarch has been a constant symbol of duty and...
Since the estimated cost to raise a child from birth to age 18 for a single parent climbed to £193,801 in 2021, fair financial arrangements in relation to children are...
Employers dread the vexatious litigant. Even the most spurious of Employment Tribunal claims takes up valuable management time and incurs legal fees to defend. The judgment of the Employment Appeal Tribunal (“EAT”)...
Notice is normally needed in order to lawfully end an employment contract. A failure to give notice – by either party – will usually be a breach of contract. Many...

Injury To Feelings

If an employee wins their claim for discrimination they will be entitled to compensation. That compensation may include a payment for injury to feelings. A case called Vento v Chief...

Confidential Information

Case law has shown that an employee’s right to privacy is not reduced to zero at work. Article 8 of the European Convention on Human Rights provides that everyone has...

Agency Workers

The Agency Workers Regulations 2010 (AWR) are derived from EU law. They aim to strike a balance between protecting agency workers and preserving the benefits of flexibility that using an...

Holiday Pay Disputes

Regulation 14 of the Working Time Regulations 1998 (WTR) sets out a worker’s right to a minimum of 4 weeks’ paid holiday per year which derives originally from the Working...
What are EPCs? An Energy Performance Certificate, often known as an EPC, is a certificate issued by an assessor which shows information about the energy efficiency of the property to which it...
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