14 April 2016
Employment

Employer’s reasonable and genuine belief can be sufficient for SOSR dismissal

In Nayak v Royal Mail Group, the EAT upheld the tribunal’s decision that an employer’s genuine and reasonable belief that an employee was no longer permitted to work in the UK was sufficient to show that he had been dismissed for some other substantial reason (SOSR).

14 April 2016
Employment

Disciplining an employee for imposing her religious beliefs was not discriminatory

The EAT has held in Wasteney v East London NHS Foundation Trust that a Christian senior manager was not discriminated against when she was subjected to disciplinary proceedings for imposing her religious views on a Muslim junior employee.

12 April 2016
Public Procurement

Media storm over British Medals contract awarded to French company

It is not often that public procurement contract awards are debated in Parliament or grab the headlines, but that is exactly what happened after the recent decision by the Cabinet office to appoint the French medal manufacturer, Arthus-Betrand, to a framework agreement for the “supply of medals and insignia which are presented by, or on behalf of The Queen, at various times throughout the year”.

08 April 2016
Employment

Payments to ex-employee during restrictive covenant period made no difference to enforceability

The recent case of Bartholomews Agri Food v Thornton has provided some useful guidance to employers who wish to rely on restrictive covenants when an employee leaves.

08 April 2016
Employment

“Pulling a sickie” was gross misconduct

In the recent case of Ajaj v Metroline West Ltd UKEAT/018/15/RN an employee who disingenuously claimed to be unfit to attend work was held to be dishonest and had fundamentally breached the trust and confidence of the employee/employer relationship.

07 April 2016
Restructuring and insolvency

Bribery Act 2010 bites…….

It was widely reported, earlier this month, that a Scottish company, Braid Logistics (UK) Limited, had agreed to pay some £2.2m to the Crown Office and Procurator Fiscal Service’s civil recovery unit by way of an agreed civil settlement, having accepted that it had obtained business through unlawful conduct.

07 April 2016
Commercial Real Estate

Property related FAQs by franchisees

Most franchises operate from retail premises and the franchisor will often take a superior lease interest and then grant the franchisee a lease or licence from it.

06 April 2016
Corporate and M&A

Does deliberate now mean fraudulent? Mutual Energy Ltd v Starr Underwriting Agents Ltd and the Insurance Act 2015

With the coming into force of the Insurance Act 2015 just around the corner – August 2016 – it was perhaps an appropriate time for the first case to consider the meaning of the phrase “deliberate... non-disclosure” in an insurance policy.

01 April 2016

Whistleblowing: ‘Public Interest’ developments

The Employment Appeal Tribunal (“EAT”) recently revisited the issue of whether an employee’s disclosure was made in the public interest.

01 April 2016
Employment

Constructive unfair dismissal: employers should pause before writing that letter

The Employment Appeal Tribunal (EAT) has upheld a decision that contacting an employee to raise non-urgent concerns while they were off sick amounted to a repudiatory breach of contract.

17 March 2016
Litigation and dispute resolution

‘As soon as reasonably practicable’: does it mean anything?

Commercial contracts often include obligations carrying the qualification 'as soon as reasonably practicable'.

09 March 2016
Employment

Discriminatory job advertisements – New Guidance from the Equality and Human Rights Commission

Over the last year the Equality and Human Rights Commission (EHRC) received over 100 complaints in respect of job and services advertisements appearing to discriminate against persons with ‘protected characteristics’ including on their age, race, sexual orientation, disability and sex.

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