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Jan
04
2019

Court of Appeal reverses High Court Judgment that dividend payment was actually salary
#Employment

In Global Corporate Limited v Hale the Court of Appeal overturned an earlier High Court decision that dividend payments made to company director-shareholders were actually salary. ...

Jan
03
2019

Powers of Attorney and Corporate Transactions
#Corporate #Commercial #Construction

The recent Judgment of the High Court in Katara Hospitality (a company incorporated in Qatar) v (1) Gerard Guez and (2) Jacqueline Rose [2018] EWHC 3063 (“Katara Hospitality”) highlights the importance of ensuring the proper and valid execution of an instrument and also serves as a timely reminder of the importance of ensuring that the scope of an instrument is expressly set out if it is to be successfully relied upon....

Dec
20
2018

Good Work: a job well done?
#Employment

This week, in its response to the Matthew Taylor Good Work Review, the Government has published a range of proposed changes to employment law. While the Government announced these changes as the biggest reform of employment law in 20 years, the reality is more evolution than revolution....

Dec
20
2018

Uber drivers are workers, finds Court of Appeal
#Employment

Uber drivers are workers, finds Court of Appeal Upholding the decision of the Employment Appeal Tribunal made in November 2017, the Court of Appeal have ruled that Uber drivers are to be classed as workers....

Dec
20
2018

New Code of Practice on tackling sexual harassment at work
#Employment

Today, the Government has announced that it will introduce a new statutory code of practice which places greater responsibility on employers to prevent sexual harassment in the workplace and to act robustly when sexual harassment does occur. The announcement is particularly timely in the midst of Christmas party season, in which employers liability to protect staff from sexual harassment and misconduct extends to such events, as we blogged about earlier this month....

Dec
20
2018

The Little Known U.K. Passport Change That Could Cause Chaos This Summer
#Immigration #Inward Investment

While U.K. citizens pondering passport issues such as: 'will it likely be red or blue after Brexit and what line will I need to queue in after a holiday?' There are also some seemingly unpleasant side effects of the transition....

Dec
19
2018

'Recruiters warned of potential liability even when party moves off-site' - Helen Beech comments for Recruiter Magazine
#Employment #Press

Recruiters who plan to enjoy the holiday season with colleagues at a party or two should take a tip from a recent court case that suggests the party isn’t necessarily over even when off-site or out of the formal work environment. Highlighted by the recent Court of Appeal decision in Bellman v Northampton Recruitment, a business can be found to be liable for the acts of its staff even after the organised Christmas party is over under certain conditions. ...

Dec
14
2018

Paying for Unpaid Work Trial Periods
#Employment

Unpaid work trials have long been part and parcel of securing employment. Employers are naturally keen to assess an individual’s employability before remunerating their efforts. ...

Dec
14
2018

Christmas parties: duty to investigate misconduct
#Employment

While we are in the midst of Christmas party season, it is important that businesses focus on their responsibilities in connection to work social events, particularly when they involve alcohol....

Dec
11
2018

Electronic Communications Code 2017 – Termination of Pre and Post 2017 Code Arrangements – The Implications for Landowners
#Real Estate

The Electronic Communications Code 2017 (“the New Code”) came into effect on 28 December 2017 with the aim of making it easier for operators to obtain and secure certain rights. This was motivated by the Government’s wish to speed up the roll out of broadband and mobile network coverage across the UK, accepting that digital access is no longer considered a luxury but a necessity in line with other utilities. ...

Dec
11
2018

Revisiting Rock Advertising – Relying on Informal Variations to a Contract
#Dispute Resolution #Commercial #Real Estate

Earlier this year, the Supreme Court decided in Rock Advertising Ltd v MWB Business Exchange 2018 that, where a written contract states that it can only be varied by observing specified formalities (for example by doing so in writing and signed by both parties), those formalities will – in most circumstances – need to be observed if the variation is to be effective. This decision has far-reaching consequences, because many contracts are varied informally by the parties during their life without checking the requirements, which can be fatal to enforcement if a dispute arises. ...

Dec
10
2018

The “Braganza” duty - If you have a “discretionary” right in a contract, is it always truly discretionary?
#Corporate

Most people would assume that, if a contract gives one party a right to do something “in its absolute discretion”, that is the end of the matter. ...

Dec
10
2018

LTA 1954: Landlords not permitted to rely on spurious redevelopment schemes
#Dispute Resolution #Real Estate

Landlords and tenants will be familiar with the security of tenure provisions contained in the Landlord and Tenant Act 1954, which give tenants the right to renew their leases on expiry. Landlords can only object to a renewal on a limited number of grounds. One of those most frequently relied on by landlords is ground (f), which is that the landlord intends to demolish or reconstruct the premises subject to the tenancy, and cannot do so without obtaining possession from the tenant....

Dec
07
2018

Has 2018 made the ‘gig economy’ any clearer?
#Employment

The Department for Business, Energy and Industrial Strategy (BEIS) posits the following definition of the ‘gig economy’: “one that involves the exchange of labour for money between individuals or companies via digital platforms that actively facilitate matching between providers and customers, on a short-term payment by task basis”. We can argue about the appropriate use of ‘digital platforms’ as at first it may appear to be too restrictive a term, but it gives a good indication of the 21st-Century-nature of this type of ‘economy’ and the resulting creation of new employer-employee relationships....

Dec
07
2018

Request to change age legally rejected by Dutch court
#Employment

A Dutchman who recently asked a court in the Netherlands to lower his age by 20 years has lost his case. The court found that there was no case law or scope in legislation that would allow such a ruling....

Dec
07
2018

Should veganism be recognised as ‘philosophical belief’?
#Employment

In March 2019, members of an Employment Tribunal will have to decide whether ‘veganism’ will receive the same protection against discrimination as Christianity, Islam and Judaism. ...

Dec
07
2018

Connecting the workers of the world
#Employment #Information Technology

As the High Court has just ruled against the Independent Workers of Great Britain on their judicial review application against the Central Arbitration Committee, which had held that Deliveroo riders were not workers or employees entitled to collective bargaining, this reminds that we are going through a significant period of change. So many more people are now part of the gig economy and the law does not yet recognise they have rights to do things like choose union representation for collective bargaining....

Dec
07
2018

Tier 1 Investor visas on halt amid corruption fears
#Immigration #Inward Investment

Tier 1 investor visas which require a person to invest at least £2million in the UK is currently suspended until the Home Office put new rules into place....

Dec
06
2018

2018/2019 – 5 key themes in Construction Law
#Construction

2018 has been a rollercoaster year for construction. The collapse of Carillion casting light on unfair payment practices, abuse of retentions and the woeful profit margins. The Hackitt Report in May 2018 identifying the need for an industry-wide cultural shift away from cost focussed agendas and towards prioritising good quality service and products, facilitated by a full-life “golden thread” of digital information....

Dec
05
2018

Liquidated damages: commercially justified, not a penalty
#Construction #Dispute Resolution

Some significant issues in relation to the application of liquidated damages for delay have been considered in the recent case of GPP Big Field LLP & Anor v Solar EPC Solutions SL (2018). GPP Big Field LLP and GPP Langstone LLP (together and separately “GPP”), as employer, entered into five EPC contracts with Prosolia UK Limited (“Prosolia”), the contractor, for the construction of solar power generation plants in the UK. ...

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