Business Law

Director awarded £30,000 after role downgraded during maternity

October 20th 2021
 

A marketing director was discriminated against when she was dismissed for refusing to accept a reduced role and a £20,000 pay cut while she was on maternity leave. Joanne Stronach Head of Employment and HR reports on this recent case. The case involved Mrs S Shipp, who had worked at City Sprint UK for 10 years from 2010-2020. She became pregnant in 2019 and was asked by the director of operations…

Joanne Stronach

Covid testing company granted injunction against employee

October 18th 2021
 

A company that provides Covid testing equipment has been granted an injunction to prevent a former employee from working for a rival business for a period specified in a restrictive covenant. Mark Aspin Head of Dispute Resolution reports on this recent case. The case involved Source Bioscience UK Ltd, part of a group of companies that provide laboratory services to clients in the pharmaceutical industry, the NHS and private healthcare providers. The…

Solicitor lands dream job after fitting seven years of studies around raising three children

October 15th 2021
 

When Selina Gonzalez became pregnant at the age of 17, her aspirations of becoming a solicitor were put on ice. But a determined Selina, now 38, didn’t give up on her dreams and has juggled seven years of studying law with raising three children to realise her ambition of being admitted to the Roll of Solicitors of England and Wales. Landing her dream job working as a Dispute Resolution solicitor…

Teachers’ redundancy dismissal without appeal ruled unfair

October 14th 2021
 

Two teachers have won their claim of unfair dismissal after they were denied the right of appeal against being made redundant. Joanne Stronach Head of Employment and HR reports on this recent case. The teachers had been employed by the local authority to work at a community secondary school (School 1). Due to a reorganisation of education provision, the local authority decided to close School 1 and replace it with a…

Joanne Stronach

Farming award for Cumbrian solicitor

October 8th 2021
 

A recently qualified agricultural solicitor has been recognised for her work in the rural sector. Emma Blamire, 25, who lives on her family’s farm at Thursby, near Carlisle, picked up the Agricultural Student/ Rural Skills Award at the inaugural Cumbria Farmer Awards 2021. Emma is part of Cartmell Shepherd Solicitors’ Agriculture and Estates team, one of the leading agricultural law practices in the north of England. Judges praised how she…

Appeal Court considers whether external doors are landlords’ fixtures

October 6th 2021
 

The Court of Appeal has clarified whether external doors are landlords’ fixtures and so subject to landlord control. Natalie Tatton Solicitor reports on this recent case. The case involved a tenant who was the registered proprietor of two long-leasehold flats with terms of 999 years. The leases included a covenant by the tenant at cl.3(4) not to “remove any of the landlord’s fixtures” without first having made a written application…

tenants

Constructive dismissal after sexual comments ‘can constitute harassment’

October 5th 2021
 

The Employment Appeal Tribunal has ruled that a constructive dismissal following unwanted sexual comments could amount to an act of harassment within the meaning of the Equality Act 2010 (the Act). Joanne Stronach Head of Employment and HR reports on this recent case. The case involved a woman who resigned after alleging that her employer had made comments that constituted harassment related to sex, race or disability. The Employment Tribunal…

Joanne Stronach

Consultants entitled to £212k fee because of implied contract term

September 28th 2021
 

A firm of consultants were entitled to a large fee for introducing a client to an insurance company even thought there was no specific contract. The law allowed for a fair payment to be implied in the business agreement. Sam Lyon Head of Corporate & Commercial reports on this recent case. That was the decision of the High Court in a case involving Premia Marketing Ltd v Regis Mutual Management…

Sam Lyon

Business Outlook Tracker – Your expectations for the next 12 months

September 27th 2021
 

We are conducting a survey in collaboration with the UK200Group, of which we are proud members of, to help capture feedback from across the UK which they can use to understand how businesses have fared over the past 12 months and their outlook for the future. We conduct this survey every 6 months and it helps us to gauge the market which in turn arms us with insights to develop…

Sam Lyon

Damage to premises did not invalidate break clause in lease

September 27th 2021
 

The Court of Appeal has ruled that a commercial tenant had correctly exercised a break clause in its lease despite having left the premises “dysfunctional and unoccupiable”. Stephanie Johnson Senior Associate Solicitor reports on this recent case The break clause provided that the tenant could terminate the lease if it gave “vacant possession of the Premises to the Landlord” on the relevant break date. The lease defined the “Premises” to…

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