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. ...
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....
The Supreme Court has unanimously upheld Unison's appeal against Tribunal fees finding that the current fee regime is unlawful both under domestic and EU law as it has the effect of preventing access to justice....
In discrimination claims (and in some other claims such as those for detrimental treatment following a protected disclosure), claimants...
There has never been a better time to be a small business, and perhaps never a worst time to be a big one....
Dutch PM Mark Rutte, this week confirmed that Dutch nationals in the UK who are considering securing British citizenship in order to avoid complication after Brexit, will be stripped of their Netherlands passports due to existing limits on dual nationality. This means in effect, that 100,000 Dutch nationals living in the UK face an uncertain future after March 2019....
The much awaited Taylor Review into modern working practices has been released. It aims to tackle “one-sided flexibility” in favour of employers in the labour market. The key recommendations include:...
The BBC came under fire yesterday after publishing data on their biggest earners. The broadcaster has released a list of their “talent” within the organisation earning over £150,000 per year. Of the 96 who appear on the list two thirds are men. Of the highest earners, 25 men on the list receive more than £250,000 a year whilst just nine women receive over this amount....
The Court of Appeal has handed down its much-awaited decision in the case of Chesterton Global v Nurmohamed and, unfortunately for employers, it does not provide the assistance they were hoping for. ...
The Information Commissioner’s Office (ICO) has updated its guidance to its code of practice on subject access requests (SARs) under the Data Protection Act to reflect recent developments in case law....
An employee has been jailed for 6 weeks for breaching an interim injunction awarded in the case of OCS Group UK v Dadi....
The Commercial Agents (Council Directive) Regulations 1993 provide important rights for commercial agents who sell or negotiate the sale or purchase of goods on behalf of others, including the right to receive compensation or an indemnity on termination of the agency relationship. ...