Chronic fatigue sufferer wins unfair dismissal claim

December 23rd 2019

An occupational therapist who lost her job after years of suffering from chronic fatigue syndrome has won her claim of discrimination and unfair dismissal. Ms D Ward had worked for Northumberland Tyne & Wear NHS Foundation Trust since 2000. The trust operated a sickness and absence management policy under which employees faced disciplinary action if they had more than three absences from work in a 12-month period. In 2009, Ward…

Joanne Stronach

Winter Solstice Wild Swimming Adventure Attracts Cumbria Legal Executive

December 19th 2019

WILD swimming meets the Winter Solstice in the English Lake District this weekend and Laura Clarke wouldn’t miss it for the world. Laura, whose outdoor adventures include trekking to Everest Base Camp, loves nothing more than an early morning dip in the tranquil waters of the Lake District. “There’s just you and the water surrounded by amazing scenery at the first light of day,” said Laura. “It takes your mind…

Tenants win enfranchisement appeal over freehold of flats

December 18th 2019

A group of tenants have won their appeal to exercise the right of collective enfranchisement and acquire the freehold of their flats. The properties were owned by Grosvenor (Mayfair) Estate and held on a long lease by K Group Holdings Inc (2019). The issue arose after Aldford House Freehold Ltd, the nominee purchaser for 17 lessees, served an initial notice claiming to exercise the right of collective enfranchisement on the…

Natalie Tatton

Ryanair discriminated against flight attendant over brain tumour

December 16th 2019

The Employment Tribunal has ruled that the airline Ryanair discriminated against a flight attendant when she returned to work after being diagnosed with a brain tumour. Margita Dworak had worked for Ryanair from 2004-2018 and was a senior flight attendant at the time she resigned. In 2015, she began to experience severe headaches. These lasted for years and in 2017 she visited a specialist in Poland. She was later hospitalised…

Claire Davies

Leasing firm wins claim over outstanding invoices worth £560k

December 11th 2019

A vehicle leasing company has won its claim to recover more than £560,000 in unpaid invoices following a dispute with a customer. The case involved Venson Automotive Solutions Ltd v Morrisons Facilities Services Ltd. The two companies had entered into a contract in which Venson leased a fleet of 1,014 vehicles to Morrisons. The hire agreement contained a clause stipulating that if Morrisons disputed any of the invoices, it needed…

Minority shareholder stops company issuing new shares

December 9th 2019

A minority shareholder has been granted an interim injunction preventing a company from issuing new shares and loan notes. The applicant in the case had a minority shareholding in Brickvest Ltd (2019). There was a shareholders’ agreement specifying that certain matters required the applicant’s written consent, including the allotment of shares. The applicant sought an injunction preventing Brickvest from issuing new shares and loan notes, which it was planning on…

Financial adviser unfairly dismissed after ‘spurious allegations’

December 6th 2019

A financial adviser was unfairly dismissed after his employer put unreasonable pressure on him to extend a restrictive covenant. That was the decision of the Employment Tribunal in a case involving Peter Ward, who worked as a financial planning provider for Fiducia Comprehensive Financial Planning from 2009-2018. In May 2018, Ward resigned from the company and gave his three months’ notice, stating that he intended to spend more time with…

Joanne Stronach

Landlord entitled to evict disabled tenant over anti-social behaviour

December 4th 2019

A housing association was entitled to evict a disabled tenant even though it had failed to comply with its public sector equality duty (PSED) under the Equality Act 2010. That was the decision of the Court of Appeal in a case involving Aldwyck Housing Group Ltd. One of its tenants, who was physically disabled, had been given a formal warning about the anti-social behaviour of various visitors to his flat.…

Natalie Tatton

Mulberry wins confidentiality agreement dispute with employee

December 2nd 2019

 The fashion house Mulberry has successfully defended a discrimination claim from a former employee who was dismissed after refusing to sign a confidentiality agreement. The case involved designer Anna Gray, who had access to some of Mulberry’s designs ahead of their launch to market. She was dismissed after she refused to sign a confidentiality agreement. Mulberry believed that by refusing to sign, she intended to copy some of its products.…

Claire Davies
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