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  • 30 September 2016
  • Employment

To award costs or not to award costs?

It used to be the case that recovering costs within the employment tribunal was an exception rather than the rule, and whilst the threshold for recovering costs still remain high, it seems that there has been somewhat of a shift.
art
  • 29 September 2016
  • Construction

The Battle of the Forms Continues

Those involved in ordering goods and services or putting contracts together will know that, unless individually negotiated, it can sometimes be difficult to know whose terms are incorporated into the final contract. The circumstances giving rise to this are frequently referred to as the Battle of the Forms.

art
  • 23 September 2016
  • Employment

Applicant X – avoiding bias and discrimination in recruitment

Most UK employers are well aware that the law protects job applicants from unlawful discrimination - for example because of their sex, race or age.

art
  • 16 September 2016
  • Employment

Failing to comply with a subject access request may impact the fairness of a dismissal

In the recent employment tribunal case of McWilliams v Citibank, the Claimant had been suspended following allegations that she had breached client confidentiality. The Claimant subsequently submitted an extensive subject access request (SAR) to her employer in respect of her disciplinary proceedings, which was refused on the grounds of proportionality. The SAR’s scope was consequently reduced but was again refused.
art
  • 13 September 2016
  • Corporate and M&A

The personal guarantee dilemma: Should a director succumb to a personal guarantee?

There are two fundamental principles in company law. First, every company has its own legal personality, meaning that it has its own legal identity, which is not the same as the identities of its shareholders and directors. Secondly, in the case of limited companies, which make up the vast majority of companies in England, the liability of shareholders is limited: shareholders are liable to pay for their shares, but they are not liable for the company's debts.
art
  • 09 September 2016
  • Privacy and Data Protection

“Systematic Failings” on Data Protection leads to a £15,000 fine

Following on from the case reported last month on data protection (”Failing to anonymise – the cost”), a nursing home in Northern Ireland has received a fine of £15,000 from the Information Commissioner’s Office (“ICO”), following the burglary of the home of one of its staff members.
art
  • 09 September 2016
  • Employment

No TUPE where activities provided for own commercial gain and not for the client

The EAT has held that TUPE does not apply where a new provider ceases to carry out services “on the client’s behalf.”
art
  • 09 September 2016
  • Corporate and M&A

Directors’ duties and dilemmas in real estate

From a director of a property management company to a real estate director with a developer, all in such a position will routinely grapple with dilemmas such as reconciling conflicts of interests, managing shareholders expectations, choosing between business strategies, or trying to rein in an overbearing CEO.
art
  • 08 September 2016
  • Commercial Real Estate

Battle of the rights – Landlord’s right to build vs the tenant’s right to quiet enjoyment

It is commonplace for a landlord who fully owns a commercial property to part rent it out and then to reserve a right in the lease enabling them to develop the remainder of the property. However, would the landlord be completely free to do so?
art
  • 06 September 2016
  • Corporate and M&A

Three “Ms” to help avoid the suppliers nightmare of a key customer who can’t pay

In the first quarter of this year, in England and Wales, 3,694 companies and 20,383 individuals were unable to pay their debts and went into a formal insolvency procedure (The Insolvency Service: Insolvency Statistics – January to March 2016). It goes without saying that these statistics mean that a very considerable number of suppliers to companies or sole traders will have been left as unsecured creditors, likely to receive a fraction only (or nothing at all) of what they were owed for goods or services supplied.
art
  • 02 September 2016
  • Employment

Bringing the National Living Wage to Life

Since it was announced in the July 2015 Budget, the National Living Wage (NLW) has received much comment, both negative and positive.
art
  • 02 September 2016
  • Employment

Pay protection can be a reasonable adjustment

The EAT has recently held that protecting a disabled employee’s pay following his move to a lower paid role was a reasonable adjustment.
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