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  • 27 May 2016
  • Employment

Breach of Working Time Regulations does not, without more, lead to injury to feelings award

The case of Santos Gomes v Higher Level Care Ltd has made clear that compensation arising out of an employer’s failure to provide statutory rest breaks under the Working Time Regulations (WTR) does not extend to ‘injury to feelings’.
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  • 27 May 2016
  • Employment

Is ACAS Early Conciliation working?

Early conciliation is a free service offered by ACAS. It was previously available on a purely voluntary basis, however, from May 2014 it became mandatory to contact ACAS before lodging a claim. This was in an effort to encourage early engagement and settlement between the parties, thereby, removing the need to pursue claims in the Employment Tribunal. ACAS conciliation remains open to the parties thereafter, but on a voluntary basis.

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  • 24 May 2016
  • Employment

HR = Human Relationships

Focus in many successful companies is concentration on winning business, operational excellence and adding profit. All good, but do human relationships usually get sidelined?
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  • 20 May 2016
  • Commercial Real Estate

New case on damages paid to Tenant for Landlord’s breach of covenant

Those of you who attended our property seminar on 11 May 2016 heard about the circumstances in which a Tenant can recover damages from their Landlord where their Landlord has breached terms of the Lease
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  • 19 May 2016
  • Employment

Employers could be vicariously liable for privacy breaches

The recent High Court decision of Axon v Ministry of Defence and News Group Newspapers Ltd suggests that employers can be held vicariously liable for their employees’ breaches of confidence and privacy.
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  • 19 May 2016
  • Privacy and Data Protection

NHS Trust fined £180,000 over data protection breach

The Information Commissioner’s Office (ICO) have fined Chelsea and Westminster Hospital NHS Foundation Trust £180,000 after it revealed the email addresses of 781 users of an HIV service.
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  • 19 May 2016
  • Employment

Teacher’s dismissal following husband’s criminal conviction held to be indirect religious discrimination

In the case of Pendleton v Derbyshire v County Council, a teacher who was dismissed for remaining with her husband following his conviction of voyeurism and making of indecent images of children successfully appealed a tribunal’s decision to reject her claim for indirect religious discrimination.

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  • 13 May 2016
  • Employment

Heels and Dress Codes: temp worker seeks to stamp down on sex discrimination

This week has seen the widely reported story of Nicola Thorp, a temporary receptionist, who was sent home without pay for refusing to wear heels at work. Ms Thorp started an e-petition seeking to give women the choice whether to wear flats or heels at work and, to date, has in excess of 100,000 signatories, triggering the possibility of a Parliamentary debate on the issue. The company concerned has now amended its policy to allow female workers to wear flats. So, in light of this, what is the law regarding high heels at work?
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  • 12 May 2016
  • Employment

EAT further loosens causal test for discrimination arising from disability claims

The recent case of Risby v London Borough of Waltham Forest has arguably further extended the scope of discrimination arising from disability claims by loosening the causal link required between the employee’s disability and the employer’s treatment complained of.
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  • 12 May 2016
  • Employment

Negotiating a settlement

In the case of Gibbs v Leeds United Football Club, the High Court found that the Claimant, Mr Gibbs, had been constructively dismissed when he resigned in response to a demotion, even though he had been in negotiations over his exit.
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  • 10 May 2016
  • IP and Commercial

Managing Cybersecurity in Your Business

Cyber attacks can lead to all sorts of crises and don’t just stop at preventing you from getting on with your business. You might just find yourself in breach of your legal obligations.
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  • 09 May 2016
  • Construction

The reformulated penalty rule

Following the decision in Cavendish Square Holding BV v El Makdessi and ParkingEye Ltd v Beavis when drafting liquidated damages provisions, parties should identify and document the applicable legitimate business interest that necessitates liquidated damages. Parties should then consider whether the remedy for breach is ‘extravagant, exorbitant or unconscionable’.

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