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  • 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.

art
  • 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.
art
  • 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.

art
  • 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.

art
  • 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'.

art
  • 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.
art
  • 07 March 2016
  • Corporate and M&A

Value and growth: inextricably linked

According to the Federation of Small Businesses, SMEs account for 99.9% of all private sector businesses in the UK, employing 15.6m people (60% of UK private sector employment) and generate £1.8 trillion in annual turnover (47% of UK private sector turnover). It is no wonder that SMEs are a vital part of any economy, disproportionately impacting job creation and economic growth.
art
  • 07 March 2016
  • Commercial Real Estate

How to aid business growth in the real estate sector

Protecting cash flow is often a key way to enable growth of a business and in the real estate sector there are a number of ways this can be done, particularly where you are occupying business premises by way of a lease
art
  • 07 March 2016
  • Employment

Employee Engagement for growing businesses

For all growing businesses, and for start-ups in particular, one concern which often appears at an early stage is the risk of dilution of the ethos of the organisation as new employees join who may lack buy-in to the founding concepts.
art
  • 04 March 2016
  • Employment

Supreme Court revisits the law on vicarious liability

In the conjoined cases of Cox v Ministry of Justice and Mohamud v WM Morrison Supermarkets plc, the Supreme Court had to consider two aspects of vicarious liability. Firstly, whether an employment relationship is necessary for vicarious liability to apply and secondly, whether an employer can be held liable for the criminal acts of its employees.

art
  • 04 March 2016
  • Employment

Government proposal to prohibit EEA-only recruitment by employment agencies

In October 2015 the Government consulted on proposed changes to the “Conduct Regulations”, which govern the recruitment sector. The response to the consultation was published by the Department for Business, Innovation and Skills (BIS) last week and confirms the Government’s intention to proceed with the majority of the proposals within the consultation.
art
  • 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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