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...
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...
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...
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...
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...
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...
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...
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...
The Government has proposed to amend the current statutory criminal records check system in response to a decision of the Court of Appeal which held that old and minor cautions and convictions should no longer be disclosed on certificates issued by the...
Earlier this month, the increases to statutory sick pay, maternity, paternity and adoption pay came into effect. Statutory maternity, paternity and adoption pay has increased from £135.45 per week to £136.78 per week. The lower earnings...
The Government is currently piloting a “ Fit for Work Scheme ” which is intended to assist employees to return to work faster than they would have done previously. Following a review of sickness absence in 2011, a number of recommendations were...
The Employment Appeal Tribunal (EAT) has recently upheld claims for unfair dismissal where an HR led competency assessment was the main factor considered when selecting employees for redundancy. In the case of Mental Health Care (UK) Ltd v Biluan and...
The employee shareholder provisions of the Growth and Infrastructure Bill have finally been accepted by the House of Lords following weeks of political debate. This means that the proposal will become law, and the Bill is expected to receive Royal Assent...
Launched in October 2012, the Green Deal is a new government scheme aimed at delivering energy savings in an innovative and affordable way. The idea is that householders (and other property owners) are effectively given government finance upfront to make...
The fastest-growing type of family in the UK is people who are living together without being married. The number of people who cohabit has doubled to 5.9 million since 1996, according to the Office for National Statistics (ONS) figures as at November 2012. ...
Nursing and Care Homes provide essential services and placements for elderly and vulnerable individuals within our communities. The choice to move a loved one into a Home is often a very difficult decision. Many factors need to be taken into account when...
We are now living longer which, in turn, means later-life marriage is more common than it was when the law governing marriage and wills first evolved. As you grow older, it is important to consider issues of capacity in respect of marriage and estate...
The Government’s new proposals to cap the costs of care have been headline news. To cover this expense the Coalition will freeze the Inheritance Tax threshold at £325,000 for individuals until 2019. We question whether the proposals will...
A whole host of changes will come into force on 1 April 2013, which will affect the way in which litigation is managed and funded. This note summarises those changes, and the effect that they will have on the claims which we handle for our lender clients....
On 5 February 2013 the Land Registry launched a ‘mortgage fraud hotline’, for use by anyone who suspects a property fraud. The hotline - 0300 006 7030 – is the latest in a series of measures introduced by the Land Registry to combat...
In the post-credit crunch, more risk adverse environment in which we are all operating, legal due diligence for lenders has reached excessive levels. That climate can increase professional fees, often delays transactions unnecessarily and in some cases can...
Barlow Robbins’ Oriel office in Guildford has been undergoing some extensive renovations over the last few months. After much banging and drilling, we are pleased to announce that our newly refurbished reception and meeting rooms are open for...
It is expected shortly that employees and volunteers will only need to apply once to the Disclosure and Barring Service (DBS) for a certificate and they will then be able to go online for an instant check to find out whether their existing certificate is...
The Children and Families Bill 2012-13 was introduced in the House of Commons on 4 February 2013. This follows the government’s Consultation on Modern Workplaces and implements the family friendly rights which were proposed. Set out below are the...
Unpaid parental leave is currently limited to 13 weeks per parent, per child and must be taken before a child’s 5th birthday. With effect from 8 March this is increasing to 18 weeks. To be eligible a parent is required to have one...
