Redundancy criteria that led to dismissal of nurse was unfair
December 20th 2022A nurse has won her claim of unfair dismissal after she was made redundant simply because her contract renewal was coming round earlier than her colleague’s. Joanne Stronach Director and Head of Employment & HR reports on this recent case. Karen Regan worked as a Band 6 nurse for Bradford Teaching Hospitals NHS Foundation Trust. Her employment had consisted of a series of fixed-term contracts since 2016, There was another Band…
Director liable for company debt after breaching Insolvency Act
December 13th 2022The director of an insolvent company has been told he is personally liable for debt that was incurred when he acted in breach of the Insolvency Act. Laura Murphy, Paralegal in our Dispute Resolution team reports on this recent case. The case involved Mr Langdon, who was director of DYLG, which was in liquidation. DYLG had entered into a contract with PSV 1982 Ltd in September 2017. It breached the…
Large increases to minimum wage rates to combat inflation
December 5th 2022The Low Pay Commission has announced large increases in minimum wage rates to combat falling living standards caused by rising inflation. Jennifer Cafferky Solicitor in our employment team, reports on this recent case. It means the National Living Wage (NLW) will rise to £10.42 from 1 April 2023, an increase of 92 pence or 9.7 per cent. The full changes are: Rate from April 2023Current rate (April 22 to March 23)IncreaseNational…
Telecoms firm must pay damages for delay in relocating phone mast
November 24th 2022A telecommunications infrastructure company has been ordered to pay damages to a property developer after it failed to relocate a mobile phone mast in the scheduled time. Stephanie Johnson Senior Associate Solicitor reports on this recent case. Barkby Real Estate Developments Ltd had a commercial site it planned to develop and sell on to the local authority. Part of the development included removing a mobile phone mast from the site. Barkby…
Director breached his duties by assuming too much control
November 17th 2022The director of a family farming business has been found in breach of his duties under the Companies Act 2006 after he had taken steps to appoint a board within his control. Mark Aspin Director and Head of Dispute Resolution reports on this recent case. The company had been incorporated in 1960. David Metson and his brother Samuel were both directors and owned shares themselves and for other family members. David was one…
New law designed to protect pregnant women against redundancy
November 15th 2022Pregnant women and new parents will receive greater protection from redundancy under new legislation currently going through parliament. Joanne Stronach Director and Head of Employment & HR reports on this recent case. Under current rules, before offering redundancy to an employee on maternity leave, shared parental leave or adoption leave, employers have an obligation to offer them a suitable alternative vacancy where one exists. The Pregnancy and Maternity Discrimination Bill, introduced…
The sixth edition of our Agricultural Newsletter is now live
November 14th 2022“You couldn’t write it, could you? If you had said 12 months ago that we would be on our third Prime Minister in 2 months, with inflation in double-digits and interest rates rising fast, few would have believed you. But here we are. For farmers, the transition to ELMS and SFI is still unsettled. The window to apply for the lump sum exit scheme has closed, with a reported several…
Cost of creditor bankruptcy and liquidation deposits rise
November 10th 2022The Insolvency Service has increased the cost of deposits paid to initiate creditor bankruptcies and compulsory liquidations. Carly Davies, our Debt Control Manager reports. The petition deposit, the amount that needs to be paid up-front to seek an order, has increased in all cases where a petition is filed at court after 1 November 2022. There will be no change to the adjudicator petition deposit where the individual applies for their own…
Legal firm’s agriculture team among best in country
October 21st 2022A LAW firm is celebrating after its agriculture team won national recognition for its services. Cartmell Shepherd Solicitors’ Agriculture and Estates department has been named as one of the best in the country by a top UK legal guide. It is the third consecutive year that the team has been ranked in the top tier of legal firms in The Chambers UK Legal Guide. The Agriculture and Estates team, which…
Franchisor’s restraint of trade covenant held to be unenforceable
September 22nd 2022A franchisor has been told by the High Court that its restraint of trade provisions in a franchise agreement were unenforceable. Sam Lyon Head of Corporate & Commercial reports on this recent case. Dwyer (UK Franchising) operated an emergency plumbing and drainage franchise business. In September 2018, an individual trading as Fredbar entered into a 10-year franchise, which would be his sole source of income. He had a mortgage on the family home…
