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As we approach the end of a year in which the economy has been plagued by inflation and the country has been struggling with a cost-of-living pinch, the Chancellor announced...
A developer suffered substantial losses as a result of being unable to exercise an option agreement to acquire land for residential development. Background In Denton Homes Limited v Christoper Cobb...
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 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...
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...
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...
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 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 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...
Please find the latest edition of Citation, our legal newsletter. As you will see from our cover story, in this edition we look into the impact of the cost-of-living crisis...
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...
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...
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...
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...
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...
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...
In the “Mini-Budget 2022” delivered on 23 September 2022, the government announced a tranche of new measures with a view to stimulating growth in the UK economy, a number of...
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...
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...
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...
‘Without prejudice’ correspondence or conversations, which take place in a genuine attempt to settle a dispute, cannot then be used as evidence in subsequent legal proceedings. There are a few...
Restrictive covenants are terms in contracts of employment which restrict the employee’s activities after employment has ended. They will be void – and unenforceable – for being in restraint of...
Discrimination arising from disability happens when an employer treats an employee unfavourably because of ‘something’ arising from their disability and the employer cannot justify the treatment as a proportionate way...
An employee is constructively dismissed if the employer fundamentally breaches the contract of employment and the employee resigns in response. A breach of the implied term of trust and confidence...
As a firm we are deeply saddened by the death of Her Majesty The Queen. Queen Elizabeth II, our longest-reigning British monarch has been a constant symbol of duty and...
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