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Aug
07
2017

Are your contractual design obligations fit for purpose? – important new law
#Construction

The Supreme Court ruling in Mt Højgaard v E.On last week held that a “fitness for purpose” obligation in a schedule to a construction contract should be given its natural meaning and effect, so confirming an earlier decision of the Technology and Construction Court (TCC) that there was a fitness for purpose obligation which required the contractor to produce foundations which would last for 20 years. ...

Aug
04
2017

Voluntary overtime included in holiday pay...
#Employment

In Dudley Metropolitan Borough Council v Willetts and others the EAT has ruled that payments for voluntary overtime should be included in holiday pay calculations....

Aug
04
2017

Does the duty to collectively consult employees regarding redundancies apply to employees based outside the UK?
#Employment

The EAT has determined in Seahorse Maritime v Nautilus International that the duty to collectively consult in a redundancy situation can extend to employees working outside of the UK, but cautioned each case will depend on its own facts. ...

Aug
04
2017

Good Work?
#Employment

The Taylor Review: proposals and potential impact on businesses and those that work for them...

Aug
04
2017

Recruitment Manager prosecuted for sharing job applicants CVs
#Employment

A recruitment manager has been prosecuted in a magistrates’ court for forwarding CVs to a third-party employment agency in breach of the Data Protection Act....

Aug
04
2017

What does a “week’s pay” include for the purposes of calculating tribunal awards?
#Employment

In University of Sunderland v Drossou, the EAT concluded (departing from previous authorities) that the figure for a “week’s pay” when calculating tribunal awards should include employer pension contributions. ...

Aug
03
2017

Non-compete clause struck down due to prohibition on shareholding
#Dispute Resolution #employment

Mary Tillman (MT) was a star employee of Egon Zehnder (EZ), a headhunter. Her contract contained non-solicitation, non-dealing and non-compete clauses. She resigned from EZ and wanted to join a competitor before her non-compete expired. ...

Aug
02
2017

The pitfalls of a sole director company
#Directors' Duties #Corporate #Dispute Resolution

Many small companies will have a sole director and shareholder, with no company secretary....

Jul
28
2017

Gender pay gap: perceptions v reality
#Employment

A recent survey by salary benchmarking site emolument.com revealed that many men were unaware of a gender pay gap existing in their sector....

Jul
28
2017

Supreme Court finds Tribunal fees to be unlawful: What will happen now?
#Employment

This week the Supreme Court handed down what has been described as “the most important judgment in employment law of the last fifty years” in R (on the application of UNISON) v Lord Chancellor. The Court found that the Employment Tribunal and Employment Appeal Tribunal Fees Order 2013 (the “Order”) prevents access to justice and is unlawful....

Jul
28
2017

Not so happy returns! ECJ decide Italian firms can dismiss zero-hour contract workers on their 25th birthday.
#Employment

Italian law allows firms to offer ‘on call’ contracts (referred to as zero hour contracts in the UK) to individuals aged under 25 and over 45, those between 25 and 45 can only receive these contracts in limited circumstances....

Jul
26
2017

Tribunal fees unlawful!
#Employment

The Supreme Court has unanimously upheld Unison's appeal against Tribunal fees finding that the current fee regime is unlawful both under domestic and EU law as it has the effect of preventing access to justice....

Jul
25
2017

Zafar Kanani writes for The Economic Voice on The UK is still attractive to overseas investors
#Entrepreneurs & Start-Ups #Press #UK Immigration

Last week, the Hurun Report and Visa Consulting Group suggested that the UK slipped down the list of desirable destinations for high net worth Chinese investors, putting the country behind the USA and Canada to third place....

Jul
24
2017

Potential increase to damages bands for injury to feelings
#Employment

In discrimination claims (and in some other claims such as those for detrimental treatment following a protected disclosure), claimants...

Jul
24
2017

Michael Sippitt writes for Virgin.com on Why big businesses need to collaborate like start-ups
#Entrepreneurs & Start-Ups #Press

There has never been a better time to be a small business, and perhaps never a worst time to be a big one....

Jul
21
2017

No Dual Nationality for Dutch Nationals living in Post Brexit Britain
#Immigration

Dutch PM Mark Rutte, this week confirmed that Dutch nationals in the UK who are considering securing British citizenship in order to avoid complication after Brexit, will be stripped of their Netherlands passports due to existing limits on dual nationality. This means in effect, that 100,000 Dutch nationals living in the UK face an uncertain future after March 2019....

Jul
20
2017

Taylor Review: Key Proposals
#Employment

The much awaited Taylor Review into modern working practices has been released. It aims to tackle “one-sided flexibility” in favour of employers in the labour market. The key recommendations include:...

Jul
20
2017

Falling through the Gap: BBC posts some surprising pay data
#Employment

The BBC came under fire yesterday after publishing data on their biggest earners. The broadcaster has released a list of their “talent” within the organisation earning over £150,000 per year. Of the 96 who appear on the list two thirds are men. Of the highest earners, 25 men on the list receive more than £250,000 a year whilst just nine women receive over this amount....

Jul
20
2017

Whistleblowing – Court of Appeal considers ‘public interest’ test
#Employment

The Court of Appeal has handed down its much-awaited decision in the case of Chesterton Global v Nurmohamed and, unfortunately for employers, it does not provide the assistance they were hoping for. ...

Jul
19
2017

New Subject Access Request guidance issued
#Employment

The Information Commissioner’s Office (ICO) has updated its guidance to its code of practice on subject access requests (SARs) under the Data Protection Act to reflect recent developments in case law....

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