Supreme Court says Uber drivers are workers, not self-employed

February 24th 2021

The Supreme Court has ruled that Uber drivers should be classed as workers rather than as self-employed. Joanne Stronach Director & Head of Employment and HR provides an update. The distinction is crucial as it means drivers gain significant employments rights such as entitlement to the minimum wage and holiday pay. The court’s decision marks the end of a four-year legal battle between Uber and two of its former drivers,…

minimum wage

Ban on tenant evictions by bailiffs extended until end of March

February 23rd 2021

The ban on tenant evictions by bailiffs, which was imposed because of the Covid19 pandemic, has been extended until 31 March. Natalie Tatton, Solicitor in our Dispute Resolution team provides an update. Exemptions remain in place for the most serious circumstances that cause the greatest strain on landlords as well as other residents and neighbours, such as illegal occupation, anti-social behaviour and arrears of 6 months’ rent or more. The…


Manager was discriminated against while on maternity leave

February 22nd 2021

A middle-aged father who was overlooked for a role in the NHS because he was “very different” to the person who had previously held the position has won his claim of age discrimination. Joanne Stronach Director and Head of Employment & HR reports. Mr N Clements applied for the role as a band 7 project manager at Guy’s and St Thomas NHS Foundation Trust in June 2018. The interviews were…

minimum wage

Travel agency ‘wrong to use data from rival’s former employees’

February 18th 2021

The Court of Appeal has ruled that a travel agency was wrong to take client contact information disclosed by its competitor’s former employees and add it to its own computer database. Mark Aspin Director and Head of Dispute Resolution reports. The issue arose after the agency, Trailfinders, hired some employees from a rival agency, Travel Counsellors Ltd (TCL). Trailfinders expected new employees to bring their own customers and encouraged them…

Tenant not allowed to change defence over service charges

February 15th 2021

A commercial tenant has been refused permission to re-amend its defence to a service charge claim four weeks before trial. Stephanie Johnson Associate Solicitor reports. The court ruled that although the new defences had reasonable prospects of success, they could have been pleaded earlier and there was no good reason for the delay. The issue arose because the tenant refused to pay certain elements of the service charge relating to the…

rent arrears

1 in 10 workers ‘told to re-apply for their jobs on worse terms’

February 11th 2021

The Covid-19 pandemic has led to nearly 1 in 10 workers being told to re-apply for their jobs on worse terms and conditions or face the sack, according to research by the TUC. Joanne Stronach Director & Head of Employment & HR reports. Almost a quarter say their working terms, such as pay or hours, have been downgraded since the first lockdown in March. The TUC commissioned an online survey of…

minimum wage

Charity which helps people find work boosted by appointment

February 10th 2021

A SOLICITOR at a leading legal firm has joined the board of a charity which helps young people and adults find employment. Sam Lyon Head of Corporate and Commercial at Cartmell Shepherd Solicitors, has become a trustee of Inspira, which supports people in Cumbria and Lancashire prepare for a career, return to work or look for a first job. Sam has spent most of his legal career advising both large…

Sudden surge in corporate insolvencies with more yet to come

February 9th 2021

There has been a sudden surge in personal and corporate insolvencies, due mainly to the effects of the Covid pandemic. Sam Lyon Associate Solicitor and Head of Corporate & Commercial reports. Figures released by the Insolvency Service show there were 1,228 business failures in December 2020 compared with 891 in November. That’s a rise of 37.8%. It’s also 9.2% higher than in December 2019, when there were 1,125 insolvencies. There were…

Getting those steps in for Dementia

February 8th 2021

Three members of Team Cartmells have signed up to take on the Step Up for Dementia challenge. The challenge to raise funds for Alzheimer’s Society is to complete 850,000 steps in three months – that’s the same number of people currently living with dementia in the UK. The team members that are taking part in the challenge are: Zoe Calway Director specialising in wills, probate and inheritance work and is…

New rules to ensure large firms pay invoices within 30 days

February 5th 2021

The government is strengthening the Prompt Payment Code to ensure large companies pay small businesses on time. Carly Davies Debt Recovery Manager reports. Companies that have signed up to the code will be obliged to pay invoices within 30 days – half the time outlined under the current agreement. Despite almost 3,000 companies signing the code, poor payment practices are still rife, with many payments delayed well beyond the current 60-day…

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