Breath of fresh air on ‘elf & safety’
Lord Young’s 65-page report on health and safety Common sense, common safety, published in October, is a breath of fresh air and it is to be hoped it will blow…
Breach of a repairing covenant
A recent case emphasised that the traditional approach of assessing damages prevails: tenants cannot rely on making offers which may have no substance as a way of getting around dilapidations…
Land agreements & Competition Act
Since the Competition Act 1998 came into force, certain agreements relating to land have been exempt from anti-competition rules. That exemption is to be revoked next year. From 6 April…
Protecting your privacy
The recent case involving Huntingdon Life Sciences laboratory provides an example of a situation where company directors would prefer to keep their home addresses out of the public domain. In the…
Equality Act 2010
The main elements of Harriet Harman’s Equality Act 2010 came into force in October, introducing some new and tricky areas for employers, says a Willans solicitor. The Act purports to…
Updates on employee rights
Flexible working From April 2011 all employees with children under the age of 18 years will have the right to request flexible working. Currently the right applies only to carers…
Disciplinary hearings: representation
As most employers will know, a worker’s right to be accompanied at a disciplinary hearing extends only to a work colleague or trade union representative. There is nothing in either…
Agree terms before starting work
Commercial pressures often mean work starts on a project before the terms of the contract have been formally agreed. The terms of trading are then uncertain and in the event…
Retirement and the DRA
Few will have been able to avoid the news that the default retirement age (DRA) is to be scrapped. Currently the plans are only proposals and subject to consultation but…
Enforcing judgment debts
When a judgment has been obtained against a debtor and you wish to enforce it, the first task is to choose the most appropriate method. This will largely depend on…
For richer, for poorer (unless you’ve got a pre-nup)
In a long-awaited decision, the UK Supreme Court ruled today that a pre-nuptial agreement (also known as a ante-nuptial agreement) is binding in the case of a German paper company…
Baby blues for company bosses
Families expecting a baby from next spring onwards can expect an ‘extra’ along with their bundle of joy in the form of a new set of statutory rights for fathers.…
Who is a whistleblower?
Not every employee who makes any sort of complaint can claim they are a whistleblower. In fact, a worker has to comply with fairly strict requirements in order for his…
The balancing act and rent claims in administrations
Two recent cases throw light on what landlords might expect if a tenant company goes into administration, reports partner Nick Cox. In Innovate Logistics Limited (in administration) v Sunberry Properties…
Know your limitations
Williams v Lishman is the latest in a line of cases where the courts have looked at the date investors suffered loss. The claim involved negligent advice in relation to…
Reduction of share capital
It is a fundamental principle of law that a company should, except in limited circumstances, maintain its share capital. This stems from the need to protect third parties dealing with…
What is a ‘reasonable’ adjustment?
The Disability Discrimination Act is a difficult piece of legislation for employers. It imposes a duty on them to make ‘reasonable’ adjustments to premises or working practices so as to…
Constructive dismissal special
The recent case of Hunter v Timber Components (UK) Limited confirmed that an employee can establish a claim for constructive dismissal based on his employer’s treatment of fellow workers, even…
Disciplinary procedure
Even though the statutory dismissal and grievance procedures were scrapped last year, the case of Sarkar v West London Mental Health NHS Trust is a reminder of the need to…
News from the sharp end
The number of people seeking to resolve a workplace dispute by going to tribunal has shot up since the start of the recession, with around 90,000 cases heard last year…
The latest statutory limits
This is a reminder of the latest statutory limits (at July 2010). No change this year to the limit on a week’s pay for the purposes of calculating redundancy payments.…
Health warning for occupiers
A recent High Court decision has confirmed that owners or occupiers of land adjoining a development site cannot enforce the provisions of a section 106 agreement between a local authority…
Insolvency streamlined
Insolvency amending rules came into force in April this year, modernising insolvency practices and procedures. A Willans solicitor reports on some of the more notable changes. The new rules have made…
Impact of Emergency Budget on matters affecting private client tax
The Emergency Budget presented by the Chancellor on 22 June was less dramatic than many commentators had expected in terms of matters affecting private client tax. A Willans Partner comments…
Software - avoiding the bugs
As well as being expensive in terms of time and money, developing customised software can be a legal minefield, particular in relation to copyright and ownership. How can you make…
A matter of jurisdiction
Litigating in a foreign jurisdiction can be inconvenient, uncertain and generally unattractive. Paul Gordon gives a run-down on the regulations, known as Rome I and Rome II, recently introduced with…
Think dispute, think ADR
ADR is alternative dispute resolution – a range of options for resolving disputes without going to court. Methods of ADR include mediation, adjudication, arbitration, conciliation and ombudsman schemes. In recent…
Downturn creativity for landlords
In the present economic climate, its no surprise that more tenants are defaulting or using break rights to terminate their leases. Firms in difficulty will try to restructure in order…
Closing the stable door
Selling to a developer can be a good way of getting money from land that is not required by its owner. But both parties should know exactly what they are…
VAT changes hit charities
Recent changes to the VAT regime could have a big impact on charities wishing to acquire or construct buildings. If a charity acquires or constructs a new building to be…
Buying bust businesses
Based on previous post-recession trends, business failures are likely to go on rising for some time to come with an increasing number of insolvent businesses up for sale at knock-down…
"Fit" for work?
Willans have been following the progress of the imminent new ‘fit notes’ scheme. Significantly, the main priority appears to be the interests of employees who are off sick. Scant account…
Holidays at short notice
Under the Working Time Regulations, the statutory holiday must be taken in the holiday year it is due. Contracts often require staff to give reasonable notice before taking a holiday.…
Why apply for a job you don’t want?
A recent case may prompt employers to be on the alert for the so-called ‘serial litigant’, reports a Willans Partner. In the employment context, these are often people protected by…
Whistleblowing’ changes
Changes affecting whistleblowing claims come into effect in April. Employment tribunals will have new powers to pass on information about public interest disclosures to relevant industry regulators where the claimant…
Ding dong merrily ..
If you’re planning to grub up your apple and pear orchards in the New Year, go fishing in the Lower Esk without permission or sell a game bird killed on…