Business Law

EMPLOYERS need to do more to support female workers through the menopause, says a leading employment solicitor. Joanne Stronach, who is Head of Employment Law and HR at Cartmell Shepherd Solicitors, said businesses face losing valued members of the workforce unless they put in place measures to support women experiencing menopausal symptoms. Almost one in four women cut short their careers because of the menopause, with those experiencing serious symptoms…

A director who sold a company when it was insolvent and diverted a significant amount of the proceeds to himself and his wife rather than paying the company’s creditors was liable for repaying £1.2 million. Sam Lyon Head of Corporate & Commercial reports on this recent case. The wife was also held liable. The company’s liquidator brought the claim of misfeasance against the director and a claim of dishonest assistance and…

The late payment problem is getting worse and is now threatening to destroy thousands of small businesses, according to a survey carried out by the Federation of Small Businesses (FSB). Carly Davies, our Debt Control Manager, provides an update. The study of more than 1,200 business owners found that one in three businesses (30%) have seen late payment of invoices increase over the last three months, with a further 8%…

A landlord has successfully challenged an injunction granted to a tenant who claimed he had been unlawfully evicted. The court also granted the landlord a possession order for the property under dispute. Natalie Tatton, solicitor in our dispute team reports on this recent case. The tenant, Mr Rasool, had applied for a without notice interim injunction, supported by undated and unsigned particulars of claim. His case was that the landlord, Paddington…

For the second year, Cumbrian based solicitors, Cartmell Shepherd is supporting the North West Family Business Awards, which will be held on Friday 13th May at the Rum Warehouse, Titanic Hotel, Liverpool.  The prestigious Awards are a real calendar highlight for many and celebrate the best businesses, employers and employees in the North West family business sector. As key partners of The Family Business Network, Peter Stafford will be joining…

A former partner in an accountancy firm has lost his appeal against a ruling that he had brought an age discrimination claim out of time. Joanne Stronach, Head of Employment and HR, reports on this recent case. The case involved Philip Parr and MSR Partners LLP (formerly Moore Stephens LLP). Parr had been an equity partner of the firm when it was Moore Stephens. The LLP Members’ Agreement provided for all…

EMPLOYERS should think carefully before reducing sick pay for isolating unvaccinated staff, says a leading employment solicitor. Joanne Stronach, who is Head of Employment Law and HR at Cartmell Shepherd Solicitors, said employers could put themselves at risk of contract or discrimination claims if they introduce rules without first seeking legal advice. The warning comes after several national companies including Ikea and Morrisons cut sick pay for unvaccinated staff who…

The High Court has outlined what constitutes a business partnership in law following a dispute between a couple who ran a business together. Sam Lyon, Head of Corporate & Commercial, reports on this recent case. The case involved Ms Burnett and Mr Barker. Barker had set up a business as a sole trader offering fire safety services at events. Burnett was working for a company that dealt with administration, invoicing and…

Injunction granted against ‘poaching and competing’ employee Our associate solicitor in dispute resolution, Rebecca Armstrong, brings us an overview of this remarkable case which illuminates the complexities of the question – is poaching employees illegal in the UK? In a landmark case, a UK-based logistics company, JM Solutions UK Ltd, successfully secured an injunction against a former employee named Dave, accused of employee poaching and working with a rival company.…

A university lecturer was unfairly dismissed after she was accused of being ‘unnaturally loud’. Jennifer Cafferky, solicitor in our employment team, reports on this recent case. The case involved Dr Annette Plaut, who was an experimental physics lecturer at the university of Exeter until she was fired in 2019. She had been at the university since 1990. Her style involved leading many heated discussions which included expressive gestures, hand movements and…