Laying off staff – How long is reasonable?
Laying off employees means that the employer does not provide any work to the employee, with no pay for a period of time whilst they remain an employee. Short-time working means providing employees with less work and less pay for a period whilst they remain an employee. These are temporary solutions to the problem of… Read more »
Judge confirms Prince did not have a Will
It has been widely reported in the news this week that the family of Prince are facing the prospect of a lengthy Court process after it was revealed that the singer did not leave a Will. Prince died last Thursday at his estate in Minneapolis, aged 57. No cause of death has yet been released…. Read more »
Staff handbook absence policy held as contractual
In the recent case of Department for Transport v Sparks and others  EWCA Civ 360, the Court of Appeal has upheld the High Court’s finding that a provision relating to absence management set out in a staff handbook, including a “trigger point” (number of absences) which could lead to formal absence management, had been… Read more »
Councils pay the price for releasing personal information
As a department that specialises in claims against Local Authorities we are experiencing a dramatic increase in complaints from clients whose personal information has been wrongly disclosed by the Local Council. In one case, notes relating to the possible sexual abuse of a 12 year old girl were accidentally sent to the wrong address on… Read more »
Restrictive Covenants –Get them right first time and keep under regular review
In the recent case of Bartholomews Agri Food v Thornton, the High Court rejected the reasonableness of a restrictive covenant in a contract of employment on various grounds. The Court ruled that a covenant which was unenforceable when it was first imposed remains unenforceable even if the employee is later promoted to a new position… Read more »
BHS calls in the Administrators
High street retailer BHS has confirmed today that it will file for Administration, with around 11,000 jobs across the country at risk. The company has failed to secure emergency funding in order to pay rent and staff wages. It has been reported that BHS bosses have been in talks all weekend with Mike Ashley’s Sports… Read more »
Choosing a child’s name could prove to be poisonous…
Parental responsibility means the legal rights, duties, powers, responsibilities and authority a parent has for a child. A person who has parental responsibility for a child has the right to make decisions about their care and upbringing, which includes a right to name their child as they so choose. Such a decision however is exactly… Read more »
What is a Shareholders’ Agreement?
A shareholders’ agreement is a private contract between the shareholders of a company. Its purpose is to set out the terms of how the shareholders agree the company will be run. Without a shareholders’ agreement in place, you may be reliant on the provisions of the Companies Act which may not deal with matters as… Read more »
Footballer Jonas Gutiérrez wins Disability Discrimination Claim against Newcastle United
Footballer Jonás Gutiérrez has won a disability discrimination claim against his former employer Newcastle United Football Club, after being dropped as a result of him fighting testicular cancer. Gutiérrez issued employment claims against the Club after managers told him he would no longer feature in the Club’s future just two months after he had surgery for… Read more »
Live Streaming of rape may lead to civil damages claim
The BBC reported last week that a woman has been accused of live streaming a rape on Periscope. Revenge porn is becoming more and more prevalent, and I have previously written blogs on revenge porn. If you choose to share videos or still images of an intimate nature involving an ex-partner using social media you now… Read more »
Order in the Court on Emmerdale!
Last week saw some tense courtroom scenes on ITV’s Emmerdale as the climax of a storyline which has gripped the nation, with character Gordon Livesy finally facing judgement for his horrendous crimes against his son Aaron. Soaps can provide a powerful platform for highlighting real life issues and this latest abuse storyline, and indeed others… Read more »
The Without Prejudice Rule
The Courts actively encourage parties to engage in negotiations and settlement discussions to try and resolve disputes before Trial. It is therefore important that the parties understand how the “without prejudice” rule works. The without prejudice rule means that any statements made (either verbally or in writing) in an attempt to settle a dispute, cannot… Read more »
Oldham Teacher Jailed For Four Years for Offences Against Pupils
Anthony Kerr, a former teacher at St Martin’s Primary School, St Martin’s Road, Fitton Hill, Oldham, OL8 2PY has received a four year prison term for sexual offences against pupils at his school, some of which are under the age of 8 years old Mr Kerr was employed by Oldham Metropolitan Borough Council,and whilst in… Read more »
Capital Allowances – don’t miss out!
Capital allowances are available to any persons and companies that incur capital expenditure, including the purchase of commercial property. They enable a person who purchases a qualifying asset to deduct a proportion of the cost of the asset each year as an expense in the calculation of income profits. The rate of the allowance varies… Read more »
Further victims of Nottingham Care Home abuse come forward
In the last few weeks we have been contacted by various victims of abuse in Nottinghamshire Children’s Homes. More than 100 complaints of abuse have been made since investigations began in 2010. The Police have set up Operation Daybreak which they describe as one of the largest criminal investigations undertaken by the Nottinghamshire force. It… Read more »