Business Law

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…

The government is introducing new powers to clamp down on directors who dissolve companies to avoid paying their liabilities. Rogue directors may be required to pay compensation to creditors. Carly Davies Debt Recovery Manager provides an update. The new legislation extends the Insolvency Service’s powers to investigate and disqualify company directors who abuse the company dissolution process. The Rating (Coronavirus) and Directors Disqualification (Dissolved Companies) Act will also help tackle directors…

A supplier has failed in its bid to use a force majeure event as a reason to avoid repaying a customer after it failed to fulfil a contract. Sam Lyon, Head of Corporate & Commercial, reports on this recent case. The issue arose after the two parties entered into a contract in February 2019 for the supply of sulphur diesel. In accordance with the contract, the buyer made a significant advance…

A forklift operator who was sacked for attending work after his son contracted Covid has won his claim of unfair dismissal. He said he believed his son was just faking symptoms. Joanne Stronach Head of Employment and HR reports on this recent case. David Lewis had worked for The Benriach Distillery Company for 23 years with a clean disciplinary and attendance record. In February 2021, his line manager learnt that Lewis’…

An architect and his firm face a negligence claim after a cinema was damaged by fire after he left a door open during an inspection. David Tew, Associate Solicitor reports on this recent case. The cinema belonged to Rushbond Plc. The architect worked for JS Design Partnership LLP. Together with an engineer and a quantity surveyor, he had carried out an inspection on behalf of a potential purchaser. He gained access…

It’s the start of a new year and with the new year comes opportunity as well as challenges. Two years on from the onset of the pandemic, we still find ourselves dealing with some restrictions. Arguably we are getting used to the different measures that have been and continue to be introduced and not having all our usual ‘freedoms’. But as business owners and managers it can be overwhelming to keep…

A sales executive who suffered from a delusional disorder has lost his claim of disability discrimination. The Court of Appeal upheld the Employment Tribunal’s decision that his condition did not amount to a disability under the Equality Act. Jennifer Cafferky Solicitor in our employment team reports on this recent case. The case involved Mr Sullivan, who had worked for Bury Street Capital Ltd since 2009. Following a relationship breakdown in 2013,…