Daughter Wins Legal Challenge To Invalidate Mother’s Will
A daughter has successfully challenged her mother’s will in the High Court, giving her a share of the £325,000 inheritance. The deceased, Jean Clitheroe, had left her entire estate to her son, John, leaving nothing to her daughter, Susan Bond. Prior to her death in 2017, Mrs Clitheroe had drafted versions of her will in […]
Late Author’s Family Win Back Watership Down IP Rights
The family of the late Richard Adams have been awarded the rights to the author’s novel Watership Down. The High Court has ruled found in favour of Watership Downs Enterprises, the estate and family of Adams, against the US director of the 1978 animation, Martin Rosen. Rosen, who owned the motion picture rights to Watership […]
Probation Review: Tips For Managers
The reality is, the person who performed best at the interview may not necessarily turn out to be the best fit for the job. The probation period offers employers – and employees – a defined timeframe in which to decide if the ‘fit’ is right and the employment relationship is mutually agreeable. The purpose of […]
Conducting remote disciplinary & grievance hearings
Following the enforced period of homeworking under lockdown, increasing numbers of employers are now considering the benefits of allowing remote working on a longer term, and even permanent, basis. With this development comes specific workforce management issues, such as whether disciplinary and grievance hearings can and should be conducted remotely. For employers, it is a […]
Court Enforces Lower PI Settlement Accepted By Claimant In Error
A personal injury claimant who mistakenly settled for one-tenth of the amount they intended has been told by a court they must accept the outcome of the error. The ruling in Mahoney v Royal Mail at Truro County Court held that the common law doctrine of mistake does not apply to so-called ‘Portal claims’. Since […]
Constructive Dismissal Advice For Employees
Employees forced to resign as a result of their employer’s conduct in the workplace may be eligible to claim constructive dismissal. Below we provide some constructive dismissal advice, from what this means and who is eligible, to how to approach a potential claim for constructive dismissal, both before and after resigning from your job. What […]
Age discrimination: employers’ guide
Age discrimination, also known as ageism, is one of the most common forms of unfair treatment at work. Discriminating against an employee because of age can have serious practical and legal implications for your business, even where the discriminatory practice or conduct is unintentional. The following guide looks at age discrimination in the workplace, and […]
Objective justification: discrimination defence?
When can an employer defend an act of either direct or indirect discrimination by reason of objective justification? As an employer, you are under a statutory duty not to discriminate against any member of staff, or even against a prospective job applicant. That said, there are some circumstances in which you may have a good […]
Employment case law update May 2020
A number of key employment law cases of significance for employers have recently been decided. Pregnancy discrimination Camara v East London NHS Foundation Trust A London Employment Tribunal has ruled in favour of an NHS trust employer in the case of Camara v East London NHS Foundation Trust. The claimant (Camara) had worked as an […]
How To Prepare For An Employment Tribunal Preliminary Hearing
The importance of preparing for an employment tribunal preliminary hearing is not to be underestimated. While not designed to bring a workplace dispute to a conclusion, the preliminary hearing is intended to help parties prepare for the final hearing, and decisions can still be made that could affect your ability to defend a claim. The […]
CMA Calls For Emergency Legislation To Pursue Opportunist Retailers
The Competition & Markets Authority (CMA) has called for the UK Government to introduce new emergency legislation to tackle price gouging tactics by companies profiteering from the pandemic. Under current laws, the competition watchdog is unable to pursue retailers for heavily inflating prices of products in response to the virus. The CMA is now asking […]
All Charges Under Coronavirus Act Were Unlawful
Britain’s most senior police officer has apologised after it was revealed every person prosecuted under the Coronavirus Act had been unlawfully charged. Cases against all 44 individuals charged under the new law have now been withdrawn, according to the Crown Prosecution Service (CPS). A further 12 people who were charged under the second piece of […]
Fit note guidance for employers
The following fit note guidance will help you as an employer to understand the rules relating to fit notes, and how you can use the information from a fit note to most effectively help your business and your employees when absent from work through illness. As an employer or line manager, the fit note can […]
What is Extradition?
Extradition is the process whereby one country requests that another country returns to them an individual accused of or guilty of a crime for the purpose of trial or imprisonment, and that the individual is transferred to the requesting country. The governing legislation in the UK is the Extradition Act 2003. Where an extradition treaty […]
Housing Market Reopens After Lockdown Restrictions Eased
The housing market in England has been reopened, with home moves and property viewings and home moves now permitted following changes to coronavirus restrictions. Following a change to the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020, which had restricted travel during the crisis, potential homebuyers and renters are now legally permitted to visit estate agents […]
Unlawful Deduction of Wages (Employers’ Guide!)
Part II of the Employment Rights Act 1996 sets out various statutory provisions that protect workers from unauthorised or unlawful deductions from their wages, including where an employer has underpaid the Minimum Wage. In practice, these rules limit when an employer can make deductions, require clear contractual or statutory authority, and give workers a statutory […]
Custom and practice in employment contracts
The relationship between an employer and their employees is typically considered to be set out in the employment contract between the employer and each employee. However, while a vital component of the employment relationship, the individual employment contract is not the only source of the parties’ rights and duties. Implied terms, including those arising as […]
Employment Tribunal Time Limits
The following table provides an outline guide to employment tribunal time limits, as applicable under key pieces of legislation. Note that time limit extensions may in some cases be allowable under the relevant legislation, for example where the requirement for ACAS early conciliation applies or the tribunal considers an extension to be ‘just and equitable’. […]
Being Evicted For Rent Arrears? Tenant Rights
If you are being evicted for rent arrears, you are not without protection or rights. The landlord must fulfil their legal responsibilities and follow the correct procedure. Your rights, as a tenant facing eviction, revolve mainly around your landlord’s responsibilities. Coronavirus housing & tenant advice Many tenants are now struggling to pay rent due to […]
How much is ill health severance pay?
It is a common misconception that dismissal due to ill health is automatically unfair or unlawful. This is generally not the case. An employee can be both fairly and lawfully dismissed, as long as the employer has a valid reason, has made any reasonable adjustments where applicable, and has followed a fair process. Handling the […]