Business Law

A LEADING legal firm has produced a handy guide for businesses planning for the future. Cartmell Shepherd Solicitors, who are members of the UK200Group, have created the ‘Top 20 Tips for SMEs’ guide which focuses on practical steps businesses can take. The guide highlights the three key areas that businesses should focus on: their cash, their people and their customers. Commenting on the guide, Sam Lyon, Head of Corporate and…

A director didn’t breach his legal duty when he gave an employee an enhanced bonus entitlement shortly before a takeover involving the transfer of employment contracts. Mark Aspin Head of Dispute Resolution reports on this recent case: That was the decision of the High Court in a case involving Reader v SPIE Ltd. The court heard that Paul Garside had sold his company to SPIE under a share purchase agreement which…

A jewellery designer who had built up a strong brand reputation has won a passing off claim against a new business using a similar name. Sam Lyon Head of Corporate & Commercial reports on this recent case. The Intellectual Property Enterprise Court heard that Alyssa Smith started out as a sole trader in 2009, using the trading signs Alyssa Smith Jewellery, Alyssa Jewellery and @alyssajewellery. She attracted media attention, with…

The Employment Appeal Tribunal has upheld a decision that a nursing officer was dismissed solely because she had made protected disclosures. Joanne Stronach Head of Employment & HR reports on this recent case. The officer, Ms Fairhall, had worked in district nursing for University Hospital North Tees and Hartlepool NHS Foundation Trust for 38 years and managed 50 nursing staff. In 2015 she was commended for her care and leadership qualities.…

A firm of interior designers have won a contract dispute over unpaid invoices for their work refurbishing a hotel requiring a “luxurious 5-star feel”. Selina Gonzalez Trainee Solicitor reports in this recent case. The case involved Phoenix Interior Design Ltd v Henley Homes plc. Henley engaged Phoenix to provide interior design services, furniture and fittings for a new apartment hotel in Scotland. The brief stated that the hotel was intended…

A woman who stumbled across a workplace WhatsApp group featuring racially abusive remarks about her has been awarded nearly £25,000 for unlawful harassment on the grounds of sex, race and religious belief.  Joanne Stronach Head of Employment & HR reports on this recent case. The case involved Mrs Muna Abdi who worked as an operations clerk for Deltec in Hounslow. She was originally from Somalia and moved to the UK as…

IMPLEMENTING a ‘no jab, no job’ policy brings serious pitfalls for business across England, a leading employment lawyer has warned. While it will be the law in England from November 11 for all staff and volunteers in registered care home settings to show proof they have received both Covid-19 vaccinations to enable them to continue working there, unless clinically exempt, companies across other sectors need to be aware that introducing…

The Government has announced it will introduce a duty on employers to prevent sexual harassment and consider extending the time limit for claims under the Equality Act 2010 from three to six months. Joanne Stronach Head of Employment & HR provides an update. There will also be explicit protections from third-party harassment. The measures are in response to the consultation on sexual harassment in the workplace, which ran from July to…

A father has been granted access to information concerning the family businesses of which he was a director. Mark Aspin Director & Head of Dispute Resolution reports on this recent case. The issue arose because he was in dispute with his son and daughter-in-law, who were also directors. The family business comprised of companies that operated residential care homes. The father and mother established and ran it on their own…

The Supreme Court has upheld a decision that a postman had not been subjected to race discrimination when his applications for more than 30 jobs all failed. Joanne Stronach Head of Employment & HR reports on this recent case. In giving its judgment, the court clarified the correct approach to be taken by employment tribunals dealing with discrimination claims, particularly in reference to the burden of proof and whether any adverse…