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This decision represents a welcome return to the ‘pay for what you use’ principle and strikes a fairer balance between different creditor and expense groups.
Winckworth Sherwood has provided a summary of the Trusts (Capital and Income) Act 2013.
The Home Office has published a consultation on the shift from centrally to locally set licence fees.
The Employment Appeal Tribunal has considered whether an employee was entitled to the national minimum wage for the hours she spent sleeping at work.
Gallop v Newport City Council demonstrates that an OH report cannot be relied on unquestioningly by the employer in deciding whether an employee is disabled.
CJD v Royal Bank of Scotland considered the dismissal of an employee accused of assaulting his partner (who was also his colleague) outside of work.
It will sometimes be the case that an individual will be neither an employee nor a worker and thereby without any protection against unfair dismissal or discrimination.
Heads Up — December 2013 download
Winckworth Sherwood has released its December issue of Heads Up, which discusses the issues that faced education throughout 2013.
The Court of Appeal has delivered some welcome Christmas cheer for landlords.
The EAT has upheld a decision that ECFRS was not reasonably expected to know (from a legal perspective) that one of its employees was disabled.
The EAT has emphasised the correct test for determining whether an employee has resigned in response to fundamental breaches by his or her employer.
It is not outside the scope of reasonable adjustments to require an employer to fund private medical treatment
The decision by the Employment Appeal Tribunal in Croft Vets v Butcher may be surprising and even alarming to employers.
The Court of Appeal has upheld a decision that a voluntary redundancy scheme, which benefited older employees over younger ones, constituted unfavourable treatment on the grounds of age.
Yasmin Prest won her landmark divorce ruling when the Supreme Court ordered Mr Prest’s companies to transfer to her a number of properties as part of her lump-sum award.
The Court of Appeal has declined to introduce the detailed guidelines on awards for injury to feelings for discrimination into the DPA regime.
The EAT has considered whether a successful internal appeal could ‘cure’ an initial decision to refuse an employee’s flexible working application that was indirectly discriminatory because of sex.
Shambolic redundancy scoring was an honest attempt to be fair: Osoba v the Chief Constable of the Hertfordshire Constabulary
In Osoba v the Chief Constable of the Hertfordshire Constabulary, the EAT was not convinced that police officer Miss Pritchard had any discriminatory intentions.
The EAT has ruled in the case of Blackburn v Aldi Stores that a failure to provide an impartial grievance process can amount to a breach of the duty of trust and confidence.
Many developers frequently rely upon their right to terminate a contract if a project is severely delayed by the actions of another party.
Developers should be fully aware of these neighbourly issues and risks, otherwise they could be faced with delays, increased costs and potentially an injunction.