Are they important? Yes, they are so important, that they might (in many cases) be considered absolutely necessary. Going into business with someone is a major life event and it should be treated with respect. That respect should extend to...
In these challenging times, we are increasingly finding that certain shareholders of a private company want to exit and the remaining shareholders are both unable to buy the outgoing shareholder’s shares personally and unwilling to risk the outgoing...
With the current uncertain economic climate and the lack of affordable finance constraining many companies from growing by acquisition or other traditional means, now is a good time for businesses to consider other expansion options as well as ensuring that...
Mark Lucas reports on the latest UK200Group SME Valuation report: The last two years has seen a significant reduction in the number of business sales and acquisitions as a result of the global economic conditions. Despite the ultra low interest rates, bank...
Ena Hunter explains what we have been up to in the last 6 months: Despite the challenging trading conditions, the Company Commercial team at Barlow Robbins completed 26 transactions in 2011, many of them complex and in the range up to £25m. Below is a...
In Russell v Transocean [2011] UKSC 57 the Supreme Court was asked to consider if oil rig workers enjoying on shore leave could be made to take their annual leave during those periods of rest. The workers worked for a period of 2 weeks...
For the year 2012/2013 the Department for Business, Innovation and Skills (BIS) announced in December that the compensation limits would rise in relation to the Retail Price Index (RPI) as follows; The maximum compensation the Tribunal can award in...
Two important TUPE cases handed down in December were Hunter v McCarrick UKEAT/0617/10/DA and Spaceright Europe Limited v Baillavoine & Anor [2011] EWCA Civ 1565 . Hunter v McCarrick In a complicated factual case, the supplier of property...
Making predictions should always be done with caution, but it is safe to say that over the next few years the legal pendulum will swing in favour of the employer and employer's interests will inform the legislation in this Parliament. It is all...
In the case of Dunn v The Institute of Cemetery & Crematorium Management UKEAT/0531/10/DA , the Claimant appealed against the ET ruling that she had not been the subject of less favourable treatment on grounds of her marital status. This case was...
Last year we reported on DB Schenker Rail (UK) Ltd v Doolan , which was authority for the proposition that the employer could reasonably rely on the poor prognosis given by the employer's consultant Occupational Health Therapist, rather than the...
Valuers’ duty of care in commercial valuations The Court of Appeal handed down an authoritative and coherent decision in Scullion v Bank of Scotland plc [2011] EWCA Civ 693 which is of relevance to investors considering buying commercial property...
When a lender is investigating allegations of professional negligence (either against its panel conveyancing solicitor or against another professional involved in the transaction, such as a chartered surveyor), or where the lender suspects mortgage fraud,...
The decision of HHJ Keyser on 14 December 2011 in Paratus AMC Limited & RMAC 2005 NS1 PLC v Countrywide Surveyors Limited [2011] EWHC 3307 (Ch) is exciting comment in the trade press. The decision is of general interest to lenders who...
With effect from 1 October 2011, the National Minimum Wage increased as follows:- Age 21+: £6.08 Age 18-20: £4.98 Age 16-17: £3.68 For apprentices aged under 19 or in their first year of apprenticeship, the NMW increased to...
Monitoring and regulating Facebook usage by employees can be difficult. What can you do about inappropriate comments made by an employee about their employer? This issue was recently considered by the Employment Tribunal in Whitham -v- Club 24...
It has been established over the last few years that holiday entitlement accrues whilst an employee is on sick leave and an employee may elect to take paid holiday during a period of sickness absence. But if an employee does not elect to take that...
There has been a lot of news over the last few years about the increased obligations on employers who employ migrant workers. How do you balance the rights of a worker with the risk of penalties for illegal employment? In Okuoimose -v- City...
In Adams -v- Harwich International Port Ltd , the Employment Tribunal has held that an employee may carry over his full UK statutory holiday entitlement of 5.6 weeks if he is unwilling or unable to take that holiday during the holiday year due to...
An employee was unfairly dismissed by her employer who found her guilty of misconduct when it discovered that she was working a second job when she was signed off work sick. In Perry -v- Imperial College Healthcare Trust , Ms Perry was employed by the...
In Ram -v- J D Wetherspoon PLC , the EAT has concluded that, in circumstances where the claimant who had been employed under a 5 year work permit was unfairly dismissed, the Employment Tribunal was wrong to cap his compensation to the imminent end date of...
The general rule in respect of the termination of the employment contract by employers is that an employee is entitled to take clear and unambiguous notice of his or her dismissal at face value. Either party who has given proper notice of termination...
