The case of Sugar Hut Group v AJ Insurance put an interesting slant on the question of how loss of profits should be calculated. A nightclub in Essex was damaged by a serious fire. Its owner (Sugar Hut) failed in its claim under its insurance policy because its insurance brokers (AJ Insurance) had negligently failed...
On 16 October 2014, Bruce Carr QC`s report setting out the findings of his Independent Review into the Law Governing Industrial Disputes was published. The review was launched following allegations of intimidation of managers by union representatives during the Grangemouth oil refinery dispute. The scope of the review was scaled back in April 2014 due to concerns on the part of Bruce Carr that it...
The EAT has provided some guidance on making "Polkey" deductions. This is the deduction in compensation a tribunal will make in an unfair dismissal claim if it finds that the employee would have been dismissed in any event even if a fair procedure been followed. In Contract Bottling Ltd v Cave and another UKEAT/0100/14, the EAT overturned an employment tribunal`s assessment of a 20% Polkey deduc...
Acas has published Shared parental leave: a good practice guide for employers and employees....
The government has published new regulations to extend parental leave to parents of children aged between five and 18. This is due to come into force on 5 April 2015. At present, with the exception of parents of disabled children, only parents of children aged five and under can take such leave, which is currently a maximum of 18 weeks that is limited to four weeks per year....
The recent case of Martin Retail Group Limited v Crawley Borough Council has indicated how the requirements of competition law may be applied by courts to retail leases which include provisions that restrict the use of a property....
Employers are increasingly asking for "BIM" to be included in the services provided by consultants and contractors, but very few of them know what they are asking for and very few consultants and contractors can actually provide it! The problem arises out of defining exactly what "BIM" is for the purposes of the project in question....
A brief look at the commercial requirements and the legal aspects a pop-up tenant looks for and needs to consider when choosing premises....
At the Conservative Party`s recent annual conference, the Prime Minister David Cameron proposed several reforms which affect employment law. Introduction of a British Bill of Rights. If elected in 2015, the Conservatives will pass a new British Bill of Rights, which Mr Cameron suggested would replace the Human Rights Act 1998. In response, the Law Society has commented that the Human Rights Ac...
Business Secretary Vince Cable has launched this week an ambitious sounding wide-ranging employment review to help clarify and potentially strengthen the employment status of up to a million British workers. This follows the recent review and upcoming legislation of zero hours contracts. It is considered that an increasing number of people in the UK are on ‘worker` employment contracts which hav...
Employers should be mindful of the need to conduct right to work checks when acquiring staff through a TUPE transfer. Employers cannot rely on previous checks! Since the May 2014 changes, the UKVI has allowed employers a grace period of 60 days from the date of transfer to carry out the appropriate document checks. Previously, employers were only allowed 28 days, and as such should you fail to co...
A significant feature of the Commercial Agents (Council Directive) Regulations 1993 (the "Regulations") is that they only apply to agents who sell "goods". Agents who sell services are excluded and do not enjoy any protection....
BIS has published an Employers` Technical Guide to Shared Parental Leave and Pay The technical guide summarises the operation of the shared parental leave and pay scheme, considers a number of frequently asked questions and sets out worked examples. It covers some of the more technical aspects of the scheme that are not dealt with in detail in the main Shared parental leave and pay: employer guide on the GOV.UK site, such as the maternity leave curtailment rules.....
The Court of Appeal has restored an employment judge`s decision that the tribunal did not have jurisdiction to hear claims for unfair dismissal and breach of the right to be accompanied at a disciplinary hearing where the claims were brought by an employee of a British company who had moved to work in Dubai ( Creditsights Ltd v Dhunna [2014]). CSL had an office in London and in New York. About 1...
With effect from 1 October 2014, where an employee is dismissed exclusively (or mainly) because he or she is a member of reserve force, the normal two-year service requirement for bringing an unfair dismissal claim will not apply....
The BBC reports today that Sir Richard Branson, is offering his personal staff at Virgin as much holiday as they want, whenever they want....
Regulations come into force from 1 October 2014 making it compulsory for employment tribunals to order equal pay audits against non compliant employers in equal pay claims, unless certain exemptions apply. In relation to claims brought from 1 October 2014, in the event that the employer is found to be in breach of the equal pay provisions, the tribunal must then go on to require the employer to...
New regulations come into force on 1 October 2014 which will help employers employing military reservists. At the moment, when called up, military reservists are paid directly by the Ministry of Defence. Employers can claim expenses in respect of additional costs incurred whilst replacing the reservist (to a maximum of £110 per day). However, from 1st October, small and medium sized employers wi...
It has been interesting that the trade unions have generally maintained neutrality in the independence debate, leaving the issue to their members individually, although the RMT notably has supported independence. However, as Scots voters go the polls today, whether or not Scotland votes for independence it seems unlikely that current laws on discrimination, working time and TUPE will remain the...
It was recently reported in the Guardian Newspaper that the German employment minister is considering new "anti-stress" legislation, including banning companies from contacting employees out of hours. She is quoted in the German press as saying "There is an undeniable relationship between constant availability and the increase of mental illness. We have commissioned the Federal Institute for Occu...