Gill Laing

By law, you should not treat any member of staff or job applicant unfairly by reason of a protected characteristic, such as their age, gender, a disability, race or religion. This includes not treating them unfairly because of any association with another individual who possesses one of these, or any other, protected characteristic. The following guide looks at the issue of what is sometimes described as associative discrimination, including common examples of this type of discrimination in the workplace, as well as how this can be avoided and how to deal with an associative discrimination complaint. What is associative discrimination…

The Home Office has published a new Statement of Changes to the Immigration Rules, HC 1780, 7 September 2023. The new rules cover a broad range of areas, most of which are technical in nature. The vast majority of changes take effect on 5 October 2023. The key changes are as follows: Prison workers now eligible for Skilled Worker visa Prison workers are now eligible for sponsorship under the Skilled Worker route, and have been added to Appendix Skilled Occupations, with occupation code 3314. Youth Mobility Scheme Following earlier announcements, the Youth Mobility Scheme has been amended with an increase in the age…

The Data Protection Act (DPA) controls how businesses, the government and organisations use individuals’ personal information. Data controllers and data processor must ensure they adhere to the strict rules known as The Data Protection Act 8 Principles. What are the 8 DPA Principles? The DPA Principles require that the controllers and processors of individuals personal data is: Principle 1— Used fairly and lawfully—i.e. you must have legitimate grounds for collecting and using personal data. The data must not be used in unlawful ways or to the detriment of the individual, and it must be clear to the individual…

In May 2018, the Data Protection Act 2018 came into force alongside the new General Data Protection Regulations (GDPR).  The aim of the Data Protection Act UK is to modernise UK data protection laws in conjunction with the GDPR and to ensure these laws will continue to be effective in the future. How are the Data Protection Act UK and the GDPR different? The GDPR affects all EU states and is the basis for data protection law within those countries. The Data Protection Act UK implements the GDPR in the UK. The Data Protection Act UK approaches…

A commercial lease break clause enables either the landlord, tenant, or both to end the lease early either on specified dates or at any time during the term. There are many reasons why tenants may be unsure about committing to long term leases, particularly in a challenging economic climate. They could be a new business, worried about the obligations of the lease or concerned about rent rises. As a result, it is now common for landlords to add a commercial lease break clause to address the concerns of tenants. Landlords can also insert a break clause to protect their own…

Under the Licensing Act 2003 (England and Wales) and the Licensing (Scotland) Act 2005, a premises licence must be obtained to carry out certain prescribed licensable activities, including the sale of alcohol and the provision of regulated entertainment and late night refreshments. How to apply for a premises licence An application for a premises licence must be made to the relevant local authority responsible for the area where the licensable activity is intended to take place. You must be over 18 years of age to apply for a premises licence and either be a designated premises supervisor (DPS)…

The Licensing Act 2003 governs the sale and supply of alcohol and late night refreshments and the provision of regulated entertainment in England and Wales. Under the 2003 Act the responsibility for the administration and enforcement of licensing rests with local authorities, acting through licensing committees. The responsible licensing authority must at all times seek to promote the following four licensing objectives: a. prevention of crime and disorder b. public safety c. prevention of public nuisance, and d. protection of children from harm. As a potential or existing licence holder, you will be required to work together with…

Heads of terms are used in commercial property transactions to set out the key terms expected to form part of the deal. Heads of terms help identify any issues which could prevent the success of the transaction as well as providing a guide for the lawyers when the formal, legally binding documents are prepared. While not legally binding, the key benefit of a well-drafted heads of terms document is to provide clarity and certainty for all parties prior to negotiations starting. However, they should act as an accurate reflection of the terms which have been agreed by the parties to…

When securing new premises, the future preservation and success of your business may hinge upon your security of tenure. Legal advice should always be sought prior to entering into a new business lease, as well as in relation to any security of tenure issues that may arise during the course, or upon expiry, of an existing lease. What is ‘security of tenure’? Security of tenure refers to the tenant’s right to remain in occupation of the business premises upon expiry of the lease term. In practice this means that you, the tenant, will have the right to renew…

If you are a tenant looking to lease new business premises there are numerous issues to consider, not least your legal rights and responsibilities. Some of the most frequently asked questions relating to commercial leases are set out below. What is a commercial lease? A commercial lease is a legally binding document setting out the contractual relationship between a landlord and business tenant. This will be the principal document governing the occupation of your new premises. In exchange for monetary payment the commercial lease gives you, the tenant, the right to use the property for the purposes of…

Both Landlords and tenants can be found in breach of a commercial lease under either the Law of Property Act 1925 or Landlord and Tenant Act 1954 if they fail to meet one of more of the lease covenants. When a tenant has breached the terms of their commercial lease, landlords can respond through serving a Section 146 notice on a tenant/tenants. Should tenants fail to remedy their breach, either through reparations or meeting the breached term, they risk repercussions including the potential forfeiture of the lease. When a landlord has breached the terms of their lease tenants can take…

When a commercial lease is in place the tenant normally holds the right to remain in occupation until the lease expires. However, as a landlord there are some circumstances where you can take back the premises during the term by issuing a commercial lease notice to vacate. Tenants will often challenge a notice to vacate and the legal arguments surrounding commercial leases can often be complex so legal advice should be sought before beginning this process. Lease forfeiture Forfeiture allows a landlord to end a lease because of a breach by the tenant. A landlord can only terminate…

It is in the interests of the landlord and the tenant that a commercial lease sets out details of the insurance terms in full. If there is no commercial lease insurance clause there is no obligation to insure the property, resulting in problems for both parties. Who is responsible for insuring a commercial property? In most cases the landlord will arrange the insurance for a commercial property to ensure their assets and interests are sufficiently protected. In rarer circumstances, if a tenant is leasing an entire building, paying minimal ground rent and a large premium they may seek…

The UK’s Electronic Travel Authorisation (ETA) scheme is opening in 2023, as part of the government’s new universal “permission to travel” requirement. Under the new scheme, certain travellers, including non-visa nationals and Creative Worker visa holders, travelling to the UK will have to secure authorisation in advance of travel by completing an online form and paying the application fee. What is the UK ETA? The ETA forms part of a wider agenda to digitise the United Kingdom’s borders by 2025. According to the New Plan for Immigration, the Home Office will change border crossings by enhancing security, the passenger experience,…

When in the process of negotiating an asset or share sale, or any other complex commercial transaction, various key documents will need to be drafted, including a letter of intent. In this guide, we explain what letters of intent are, how they are used and the legal considerations involved. What is letter of intent? A letter of intent is a document used to declare a preliminary commitment to doing business. Also known as letters of potential interest, memoranda of understanding, heads of agreement or heads of terms, a letter of intent can be used to outline the terms…

New secondary legislation is set to be introduced giving the legal right for visits in health and care settings. Under plans announced by the Department of Health and Social Care, visiting is to become a legal requirement for hospitals, care homes, mental health units and other health and care settings. The move follows Labour MP Dan Carden tabling proposals for new legislation earlier in June, and campaign group Care Rights UK meeting with ministers to discuss hospital and care home visiting rights. Under current government and NHS England guidance, health and care settings should be allowing visits, but reported cases…

In this landlords’ guide, we will cover what you need to know about sitting tenants, including what the term means, their rights and obligations, and what you can do when selling or buying property with a sitting tenant. What is a sitting tenant? A sitting tenant, also known as a tenant in situ, is a term used to describe somebody renting a property who still lives in that property after their landlord (the property owner) has chosen to sell it. In other words, a sitting tenant continues to occupy the property they are renting after it is sold to a…

The UK government has announced new legislation to prevent large corporations and wealthy individuals from hindering investigative journalism and free speech using so-called SLAPP (strategic litigation against public participation) claims. Under the proposed amendments to the Economic Crime and Corporate Transparency Bill, judges will be given new powers to dismiss claims deemed to have been brought solely with the purpose of evading scrutiny and stifling freedom of speech. In a statement today unveiling the new measures, the Ministry of Justice says SLAPP cases are currently being used to intimidate and financially exhaust opponents and to threaten them with extreme costs for…

The Competition and Markets Authority (CMA) is enhancing its enforcement efforts against illegal cartels by offering a reward of up to £250,000, up from £100,000, to individuals who report illegal cartel activity. Illegal cartels, which consist of businesses agreeing not to compete in order to keep their prices high, prevent consumers and other businesses from receiving a reasonable deal and stifle competition. Businesses that participate in cartels often go to great extent to conceal the cartel, as they are aware that cartels are illegal and deceive customers. This makes them difficult to detect and eradicate. The CMA’s “Cheating or Competing”…

If you’ve not been paid for work you’ve completed, you will want to understand your rights and options. The following guide on your right to be paid, and to be paid on time, examines the employer’s obligations around the issue of pay, and whether or not they can refuse to pay or pay when they should. We also look at what you can do if you have not been paid for work done on a self-employed or freelance basis. Your right to be paid By law, employers have to pay their workers’ wages on the agreed pay day. When it…