Section 136 of the Equality Act 2010 is headed “the burden of proof”. It has long been considered that in discrimination cases the claimant has to show a ‘prime facie’ ...
This week, the Home Office published new guidance for employers setting out the right to work checks required to establish or retain a statutory excuse....
Last month, the Government commissioned the Migration Advisory Committee (MAC), with the purpose of conducting a study about and advising upon the economic and social impacts of the United Kingdom’s exit from the European Union. Following the Home Secretary's commissioning letter last week, the MAC has released a Call of Evidence, from anyone with relevant knowledge, expertise or experience to aid the MAC response. ...
The Supreme Court decision on 26 July 2017 that Employment Tribunal fees were unlawful was expected to have wide-ranging repercussions ...
For a short time, Officeserve Technologies Limited (OTL) made a big impact in the ‘lunch at work’ market. Its director and majority shareholder, CAM, oversaw a rapid expansion to an estimated value of £40 million. However, OTL was unable to pay the instalments due on two businesses it had acquired and in October 2016 was served with a winding-up petition. ...
Soft Landings is a process that helps to produce a building that delivers the operational goals that were set for it at the inception of the design and delivery project. To paraphrase, it helps make the building “do what it says on the tin”. ...
The BSRIA Soft Landings Framework has become widely used in the industry on many different kinds of contracts – but what issues should contractors be aware of?...
Details of the Data Protection Bill were revealed yesterday. The Government announced that the new laws will provide people with more control over how their personal information is used and ensure that people can withdraw consent to use their data just as easily as they can grant it....
A “Protected Lease” is a lease that has the benefit of security of tenure under the Landlord and Tenant Act 1954 (“the 1954 Act”). Only a lease which has security entitles the tenant to remain in its business premises when its lease expires and “hold over” and, except in certain circumstances, obliges the landlord to grant the tenant a new lease on updated, but generally no more onerous terms than the old lease. This note applies only to Protected Leases....
The Supreme Court ruling in Mt Højgaard v E.On last week held that a “fitness for purpose” obligation in a schedule to a construction contract should be given its natural meaning and effect, so confirming an earlier decision of the Technology and Construction Court (TCC) that there was a fitness for purpose obligation which required the contractor to produce foundations which would last for 20 years. ...
In Dudley Metropolitan Borough Council v Willetts and others the EAT has ruled that payments for voluntary overtime should be included in holiday pay calculations....
The EAT has determined in Seahorse Maritime v Nautilus International that the duty to collectively consult in a redundancy situation can extend to employees working outside of the UK, but cautioned each case will depend on its own facts. ...
The Taylor Review: proposals and potential impact on businesses and those that work for them...
A recruitment manager has been prosecuted in a magistrates’ court for forwarding CVs to a third-party employment agency in breach of the Data Protection Act....
In University of Sunderland v Drossou, the EAT concluded (departing from previous authorities) that the figure for a “week’s pay” when calculating tribunal awards should include employer pension contributions. ...
Mary Tillman (MT) was a star employee of Egon Zehnder (EZ), a headhunter. Her contract contained non-solicitation, non-dealing and non-compete clauses. She resigned from EZ and wanted to join a competitor before her non-compete expired. ...
Many small companies will have a sole director and shareholder, with no company secretary....
A recent survey by salary benchmarking site emolument.com revealed that many men were unaware of a gender pay gap existing in their sector....
This week the Supreme Court handed down what has been described as “the most important judgment in employment law of the last fifty years” in R (on the application of UNISON) v Lord Chancellor. The Court found that the Employment Tribunal and Employment Appeal Tribunal Fees Order 2013 (the “Order”) prevents access to justice and is unlawful....
Italian law allows firms to offer ‘on call’ contracts (referred to as zero hour contracts in the UK) to individuals aged under 25 and over 45, those between 25 and 45 can only receive these contracts in limited circumstances....