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Many leases, both of commercial and residential property, contain a service charge provision. This is the method by which the landlord recovers the cost which it has incurred in maintaining,...
If an employee wins an unfair dismissal case, the Employment Tribunal will decide how much compensation is due. If the employer has made procedural errors during the dismissal, and the...

Exclusivity Clauses

Exclusivity clauses are terms which prevent an employee from taking up work elsewhere or require an employee to ask permission before working for another business. These clauses have been unenforceable...

Employment Status

The EAT has given judgment in an employment status claim which confirms that the ‘label’ that parties place on a working relationship is only one piece of the puzzle. Too...

Disability Discrimination

Employers are obliged to make reasonable adjustments to remove or reduce any substantial disadvantage that disabled employees experience because of workplace arrangements. In Hilaire v Luton Borough Council, the EAT has...

COVID Related Claims

Sections 100(1)(d) and (e) of the Employment Rights Act 1996 provide employees with protection against dismissal if they leave the workplace, refuse to return to it, or take other steps to protect...
If an employee wins a claim for unfair dismissal, a Tribunal will decide what compensation is fair in the circumstances. The stakes are raised in a whistleblowing unfair dismissal because...

COT3 Agreements

COT3 settlement agreements, negotiated and arranged via Acas, can be used to settle employment claims. The Court of Appeal has considered a case where an employee brought a claim after...
Dismissing an employee with a disability can seem risky but is not always unfair, even where the reason for dismissal is impacted by the disability. The EAT has recently upheld...

Family Mediation Week

Family Mediation Week is an annual campaign to raise awareness of the benefits of family mediation and how it can help separating families resolve their issues in a constructive and...
Deciding whether to buy or sell a property is always a difficult decision, but with rising household bills, a cost-of-living crisis, and higher interest rates leading to increased mortgage costs,...
What is Ground Rent? In simple terms, a ground rent is a contractual rental payment for the occupation of the land on which a property sits. It is usually paid...

COVID & Disability Status

Most employers will have experienced an employee who suffers badly with a bout of Covid, and which then develops into post-Covid-19 syndrome, or ‘Long Covid’. A Tribunal has looked at...

Discrimination – time limits

Section 123(1) of the Equality Act 2010 says that discrimination claims must be brought within three months of the alleged discriminatory act or such other period that the Tribunal thinks...

Holiday Pay

Employees are entitled to 5.6 weeks’ holiday under the Working Time Regulations 1998 (WTR). Calculating the holiday pay of someone with no normal working hours can be tricky. Some employers...

TUPE

When there is a TUPE transfer, all of the transferor’s (the original employer) rights, powers, duties and liabilities connected to the transferring employee’s contract of employment transfer to the transferee...
Can continued lateness justify dismissal? The EAT in Tijani v The House of Commons Commission held that it could. The employee had been a cleaner at the House of Commons since June...

Legal Privilege

Communication between a client and their solicitors for the purposes of getting legal advice, and any documents prepared for the purposes of litigation, are ‘privileged’. This means that they do...
Compensation If an employee wins an unfair dismissal claim, the employment tribunal can award compensation that they consider to be ‘just and equitable’ bearing in mind the employee’s losses. In...

Redundancy

Normally in employment tribunal cases, the tribunal will only make decisions about issues that are raised in the pleadings (the ET1 and ET3) and/or those agreed between the parties during...

Worker status

Section 230(3)(b) ERA says that an individual will be a ‘worker’ if they work under a contract with the company and have agreed to personally perform some work. However, they...
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