The Court of Appeal in Simmons v Castle, held that the level of damages in certain types of claims should be increased by 10% after 1 April 2013, to reflect the fact that claimants would no longer be able to recover success fees and after the event insurance premiums from Respondents in the civil courts....
Unlike ordinary unfair dismissal claims, there is no cap on damages for loss of earnings in a whistle-blowing claim....
The Taylor Review offers clear guidance in this current climate of uncertainty: employers need flexible and agile workers, and in reality there are a variety of work arrangements that suit both the individuals and business....
The Court of Appeal has recently ruled that a clause designed to exclude liability was indeed effective in excluding liability. Unsurprising on the surface, but big news when considered against the narrow interpretation rules of contra proferentem and Canada Steamship that historically limit the effectiveness of these clauses. The decision indicates a move away from such restrictive principles and towards a more natural interpretation of clause wording....
The contra proferentum rule dictates that where the contract is drafted ambiguously, it will be interpreted against the party who drafted it or who seeks to rely on it....
In April the Ministry of Justice released a new Pre-Action Protocol for Debt Claims which revises the procedure claimants have to follow before suing an individual for an unpaid debt....
A few years ago, the UK’s rules for visitors were revamped and saw changes which simplified the lives of many people who are frequent visitors to the UK for leisure and business. Prior to April 2015, visitor rules were restrictive and it was commonplace for bona fide business visitors to be inadvertently in breach of the immigration rules. The current visit visa system allows business people to carry out a wider range of activities under broader categories....
The Trades Union Congress (TUC) recently published a report on ‘insecure work’. According to the report, 3.2 million people in the UK currently have ‘insecure work’ which was defined as being engaged:...
In the case of Elmore v The Governors of Darland High School, the EAT upheld the decision of the ET that the dismissal of a mathematics teacher on capability grounds was fair, despite the fact that the school’s appeal panel gave no reasons for its decision and none of its members were called as witnesses at tribunal....
During the summer, employers can come across employee issues relating to the heat and hot weather. How can employers handle hot weather and what are employer obligations during a heatwave? ...
The most important step in winning a public tender is writing a first-class bid. Making sure that your bid addresses each aspect of the tender questions and provides evidence where required is key to achieving that....
The Scottish Parliament’s Economy, Jobs and Fair Work Committee has published its gender pay gap report, “No Small Change”. It contains a number of recommendations for devolved powers to be used to close the gender pay gap....
Last week (in Farmah & ors v Birmingham City Council & ors) the EAT gave an important Judgement in five different multiple equal pay claims, including the large scale claims against Asda....
On a share sale, it is easy to presume that TUPE will not apply as the employer remains the same and it is just the ownership that changes. In the recent case of ICAP Management Services Limited v Berry & BGC, the High Court looked at the circumstances in which a transfer could arise....
This week, the government published its policy paper for managing the immigration status of EU nationals in the UK after Brexit. The policy paper is still to be negotiated with the EU but it confirms that once the UK has officially withdrawn from the EU (which could happen at any point on or before 29 March 2019), existing residence documents such as those certifying permanent residence, would be invalid. Instead, all EU nationals and their family members would need to apply for new residence documents....
Costs budgeting is now a central part of civil litigation. The Court, lawyers and litigants are getting more comfortable with the process and it leads to much greater transparency and certainty. ...
Her Majesty has outlined the legislative agenda for the coming two years in Parliament. As the Conservative Party failed to obtain a majority in the recent general election, many manifesto promises were scaled down or scrapped entirely....
If the Court of Justice of the European Union (CJEU) follow the Advocate General’s recent opinion on holiday entitlement, for those wrongly classified as self-employed, businesses who dispute entitlement to paid annual leave could face large pay outs....
In LAD Media Ltd v ICO, a monetary penalty by the ICO for unsolicited marketing texts has been reduced on appeal by the First-Tier Tribunal (Information Rights)....
Research commissioned by the Construction Industry Training Board (CITB) has today revealed that a third of construction firms employ overseas workers...