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  • 29 February 2016
  • Employment

Temporary cessation of work and lay off of employees did not preclude TUPE from applying

The Employment Appeal Tribunal has found that an employment tribunal was wrong in finding that TUPE did not apply where there had been a lay-off of employees as a result of a commercial dispute with the main contractor leading to termination of the contract before the new contractor took on the services (Mustafa v Trek Highways Services Ltd and others UKEAT/0064/15).
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  • 26 February 2016
  • Commercial Real Estate

Take care when providing replies to pre-contract enquiries

When selling a property, a standard procedure is for the seller to provide replies to enquiries raised by the Buyer and its solicitors.

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  • 25 February 2016
  • Employment

Holiday pay: British Gas appeal to EAT fails

The Employment Appeal Tribunal (EAT) has upheld the employment tribunal’s finding in the case of Lock v British Gas that the Working Time Regulations (“WTR”) can be interpreted so as to be compatible with the EU Working Time Directive, with the effect that results-based commission payments should be included in the calculation of holiday pay.
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  • 23 February 2016
  • Litigation and dispute resolution

The Court of Appeal and TOWIE – more clarity on Part 36

The Court of Appeal has allowed the appeal in Sugar Hut Group –v- AJ Insurance, thereby allowing parties more confidence in predicting the consequences of a Part 36 offer. The case concerned a claim for damages arising from a fire at a nightclub that had featured prominently in “The Only Way is Essex”.
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  • 22 February 2016
  • Employment

Breaking holiday pay news – Mr Lock successful at EAT

The Employment Appeal Tribunal (EAT) has today handed down its judgment in the case of Lock v British Gas and found in favour of Mr Lock.
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  • 19 February 2016
  • Employment

Redundancy was not a dismissal

In the recent case of Khan v HGS Global Ltd, the employment contract of an employee who had opted to take redundancy over relocating was found to have terminated by mutual consent and, as such, there had been no dismissal.

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  • 17 February 2016
  • Privacy and Data Protection

The Internet of Things v Privacy: what it means for the workplace

The rapid development of the internet of things and monitoring technology in the workplace has brought into focus the tension between employees’ right to privacy and employers’ business interests.
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  • 12 February 2016
  • Employment

Starbucks lose disability discrimination claim brought by claimant with dyslexia

Starbucks have made the headlines having been found to have unlawfully discriminated and victimised an employee with dyslexia in a judgment issued by the Employment Tribunal this week.
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  • 09 February 2016
  • Corporate and M&A

Upcoming requirements for PSC’s

New laws relating to companies started to arrive in 2015 and will continue to arrive over the course of this year. Some will even have practical implications for your business at ground level, so all ears (or eyes) please...
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  • 08 February 2016
  • Litigation and dispute resolution

A Brief Overview of the Law Relating to Late Delivery

When purchasing a car, consumers want their new vehicle as soon as possible. If you look at any internet car forum or motoring magazine these days, it is not uncommon to find complaints about the late delivery of new vehicles and enquiries about what legal action consumers can take.

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  • 05 February 2016
  • Employment

Warehouse worker with difficulty lifting up to 25kg is disabled says EAT

Disability is defined as a physical or mental impairment, which has a substantial and long-term adverse effect on someone’s 'ability to carry out normal day-to-day activities' (Section 6(1), Equality Act 2010).
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  • 05 February 2016
  • Construction

Is the winding up route a viable solution for non-payment?

Cash flow is the life blood of every construction company. Failure to manage cash flow could lead to the demise of the company, which makes getting paid quickly by clients crucial.

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