Long Covid sufferer held to be disabled despite regular gym sessions
May 19th 2023A tribunal has ruled that a long Covid sufferer could be classified as disabled despite being able to run a side business and attend regular sessions at the gym. Jennifer Cafferky Solicitor in our employment team, reports on this recent case. The case involved Mr S Bradley who brought an unfair dismissal claim against Cultureshift Communications. Before the claim could proceed in full, it was necessary to determine whether Bradley’s symptoms…
Court of Appeal upholds restrictive covenant relating to employee
May 10th 2023The Court of Appeal has upheld a restrictive covenant preventing a former employee from working for a rival until 12 months after the end of his contract. Mark Aspin Director and Head of Dispute Resolution reports on this recent case. The case involved NZP Ltd, which developed and produced bile acid derivatives for sale to pharmaceutical companies for use in their products. One of its senior employees, Mr Boydell, was responsible for the…
Business granted new tenancy despite opposition from landlord
April 20th 2023A recent case involving Gill v Lees News Ltd highlights the granting of a new tenancy to a business despite opposition from the landlord due to breaches of the tenancy agreement. Stephanie Johnson, Senior Associate Solicitor, provides a report on this case. The landlord opposed the tenant’s application for a new tenancy based on disrepair, rent arrears, other breaches of the agreement, and an intention to redevelop the premises. In…
Contract did not entitle agent to reduced share of £1.2m fee
April 3rd 2023An agreement that an agent was to receive £1.2 million if a property was sold for £6.5 million did not entitle him to a reduced fee if the property sold for a lower figure. Laura Murphy, Paralegal in our Dispute Resolution team reports on this recent case. That was the decision of the Supreme Court in a case involving Barton v Gwyn-Jones. At the first court hearing, the judge found…
Businesses should prepare for flexible working changes, says leading employment lawyer
March 30th 2023PLANS to give workers more rights to request flexible working could impact on the way businesses operate, a leading employment lawyer has warned. Joanne Stronach, Head of Employment Law and HR at Cartmell Shepherd Solicitors, said employers needed to be prepared for the new legislation which will give workers the right to request flexible working from the first day of their employment. Currently, new employees have to wait 26 weeks…
Woman loses discrimination claim based on her marital status
March 27th 2023The Employment Appeal Tribunal has overturned a decision that a woman was discriminated against because of her marital status. Jennifer Cafferky Solicitor in our employment team, reports on this recent case. The case involved Mr Graham Ellis and Ms K Bacon, who had both worked for Advanced Fire Solutions Ltd (AFS). Bacon joined AFS Ltd as a bookkeeper in 2005. She later married Mr J Bacon, who was the company’s managing…
HR discriminated by taking female’s complaint more seriously than male’s
March 9th 2023A factory worker has won his claim of sex discrimination after his dispute with a female co-worker was not handled in an equal manner by HR. Joanne Stronach Director and Head of Employment & HR reports on this recent case. Michal Swaciak worked as a team leader production line operative for Rowse Honey from September 2012. In May 2020, a member of his team, Agata Kulaga, was in line for a…
Who pays for repairs when one man’s roof is another man’s floor
March 3rd 2023A judge has settled the tricky question of who pays for repairs when one leaseholder’s floor is another leaseholder’s roof. Natalie Tatton Solicitor in our dispute team reports on this recent case. The case involved two maisonettes contained in a house belonging to two freeholders, who leased them in 1980. The ground-floor maisonette had been extended to provide an additional room beyond the kitchen. The roof of the extension served as a balcony…
Employability advisor was discriminated against because of disability
February 27th 2023An employability advisor was unfairly dismissed on the grounds of disability discrimination after requesting a suitable work chair. Jennifer Cafferky Solicitor in our employment team, reports on this recent case. That was the verdict of the Employment Tribunal in a case involving Justin Griffiths and Dimensions Training Solutions (DTS). Mr Griffiths’ role was to advise the company on correct practices when making adjustments for employees with disabilities. Griffiths had several ailments…
Admin assistant unfairly dismissed after becoming pregnant
February 23rd 2023An admin assistant has been awarded £15,000 compensation after being dismissed when she became pregnant. Jennifer Cafferky Solicitor in our employment team, reports on this recent case. The case involved Charlotte Leitch who worked for CIS Services Limited, which handles customer information in the rail industry. She joined the company on 21 May 2021 and on 23 June, she told her supervisor that she was unable to work due to…
