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Where TUPE applies to a relevant transfer, i.e. a transfer of an undertaking or a service provision change, any “ affected employees ” will transfer to the transferee on their existing terms and conditions with continuity of service intact (Reg...
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On 1 May 2013, the Department for Business, Innovation and Skills (BIS) published for comment a draft pack of documents for an employee-owned company. The development of a set of model documents for employee-owned companies was a recommendation of the...
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Continuity of employment is an important factor in determining when an employee gains certain statutory rights, such as minimum notice periods and the right not to be unfairly dismissed. It is therefore important for there to be clarity as to when...
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Ladrick Lemonious v Church Commissioners [2013] EAT The EAT reviewed the correct approach to reducing awards for unfair dismissal for contributory conduct. The Claimant had approximately 37 years' service. He was a technical support worker...
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Lund v St Edmunds School, Canterbury [2013] EAT In this case the EAT considered whether the increase in compensation due to a breach of the Acas Code of Practice on Disciplinary and Grievance Procedures applies to " some other substantial reason...
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The 2013 Queen’s Speech sets out the following employment law proposals: The National Insurance Contributions Bill will introduce an employment allowance of £2,000 which businesses (and charities) will be entitled to receive. It restricts...
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What protection exists for former employees under the Equality Act 2010? Discrimination and harassment are expressly included, while victimisation appears to be excluded where the conduct complained of “ also amounts to victimisation...
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The French Government passed measures last year which have increased the taxes payable by non-resident owners of properties in France and further rises are planned. Since 1 January 2012, the rate of tax for rental income arising on French property is 35.5...
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The Office of Fair Trading (OFT) can take a very strong line when it discovers that price information is passing between competitors with the result that the competition between them is diminished. This can include situations in which information about...
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The Agency Workers Regulations 2010 (AWR), which implement the EU Agency Workers Directive, came into force on 1 October 2011. Under Regulation 5 of the AWR, agency workers have the right to the same basic terms and conditions of employment as if they had...
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A businesswoman whose business fell victim to the recession has persuaded the family court that it would be appropriate for the settlement she had agreed to pay her ex-husband to be varied. The total settlement was £450,000, made up of: ...
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The Internet is throwing up a number of examples of cases in which information is ‘recycled’ in breach of copyright and a legal action results. In one such case, the court ruled that if the actions of an organisation ‘inevitably’ lead...
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A couple who defaulted on their £500,000 mortgage have failed to convince the High Court that the loan is unenforceable by reason of the lender’s failure to comply with the safeguards contained within the Consumer Credit Act 1974 . The Court...
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Insolvent tenants can be a major headache for landlords. For example, when a corporate tenant goes into administration, the landlord needs to obtain the consent of the administrator, or of the court, to forfeit the lease. This is because administration is...
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Many people fail to make a will, thus causing problems for surviving family members. However, difficulties can also arise when a person makes several wills, particularly if these contain drafting errors. A recent case concerned a woman who died having...
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With one in six British marriages now involving a spouse not domiciled in the UK, problems involving the tax consequences of domicile are becoming increasingly common. Most of the press coverage involving domicile and tax has involved Income Tax. However,...
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As parents, we are responsible for our children’s health, welfare and safety. We try to act in their best interests. A recent Court of Appeal decision brings this into question. The case of Louise Emma Williams V Estate of Dayne Joshua Williams...
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When a shipyard worker was injured in an accident, he received a £7 million settlement from his employer. The ultimate cause of the accident was a defect in the design of equipment (a platform) that he was using, which had recently been installed at...
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A businesswoman who was belittled as being ‘no more than a receptionist’ by her multi-millionaire husband has had her £2.7 million divorce settlement upheld after the Court of Appeal ruled that her ‘exceptional’ contribution...
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The Court of Appeal has overturned the decision of the Employment Appeal Tribunal (EAT) and ruled that a lap dancer at a London club owned by Peter Stringfellow was not an employee ( Stringfellows Restaurants Ltd. v Quashie ) and was not therefore entitled...
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When a businessman voiced his opinion on planning matters by joining a planning action group which opposed the construction of two biomass power plants, he did not expect his past business record to become the subject of debate. However, a bundle of papers...
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The Information Commissioner’s Office (ICO) has issued a statement re-emphasising that awareness of Internet ‘cookies’ has increased to such an extent that it is now ‘appropriate...to rely on a responsible implementation of implied...
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When an elderly and ill woman was put under continual pressure by her brother-in-law to change her will in favour of his children, whom she rarely saw, her resolve finally cracked and in a bid to have a quiet life, she instructed her lawyers to draw up a new...
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In the context of a dispute between parties to a building demolition contract, the High Court has ruled that an adjudicator was not entitled to change his mind after reaching a final decision and that, subject to further litigation or arbitration, the...
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There are many potential benefits of buying a franchise, such as having access to well-established business and accounting systems, centralised marketing and a proven business model. Being part of a well-known national brand also has an appeal for many...
