Cleaner accused of ‘throwing a sicky’ was unfairly dismissed
April 28th 2021The Employment Tribunal has ruled that a cleaner was unfairly dismissed after she resigned because her employer accusing her of lying about her illness. Joanne Stronach Director & Head of Employment and HR reports on this recent case. The case involved Pamela Wynn Newcombe, who was employed by Machynlleth Town Council from 2013 to 2019. In 2017, she became involved in a dispute over plans to alter her working hours.…
Engineer too late to claim holiday pay from Pimlico Plumbers
April 21st 2021An engineer who won a landmark case that he should be classed as a worker at Pimlico Plumbers has lost his claim for backdated holiday pay. Joanne Stronach Director & Head of Employment and HR reports on this recent case. Gary Smith had worked for Pimlico as a heating engineer from 2005 to 2011. Throughout that period Pimlico regarded him as a self-employed independent contractor, without entitlement to paid annual…
Driver’s dismissal for not wearing a facemask ‘was not unfair’
April 15th 2021A delivery driver has lost a claim of unfair dismissal after he was fired for refusing to wear a facemask while on duty during lockdown. Joanne Stronach Director & Head of Employment and HR reports on this recent case. The case involved Deimantas Kubilius who had worked as a driver for Kent Foods Limited for four years. Most of his work involved driving to and from their supplier Tate &…
Night club director ordered to pay £200k for company law breach
April 14th 2021A director who had conducted the affairs of a night club in a way that had unfairly prejudiced a minority shareholder has been ordered to make an interim payment to her of £200,000. Sam Lyon Head of Corporate & Commercial reports. The figure could be much higher once a further hearing takes place. A judge had found that the company’s affairs had been conducted by the director in a manner that…
Insolvency measures extended to support struggling businesses
March 31st 2021The Government has extended its temporary insolvency measures to support businesses struggling during the pandemic. Sam Lyon Associate Solicitor and Head of Corporate & Commercial provides an update. The measures were introduced in the Corporate Insolvency and Governance Act in March 2020, including protecting businesses from aggressive creditor enforcement and removing personal liability on company directors. They are being extended till the end of June 2021. The extension means that: Statutory…
Government extends support for commercial and residential tenants
March 29th 2021The government has extended the ban on evicting commercial tenants until 30th June 2021. Natalie Tatton Solicitor in our Dispute Resolution team provides an update. The move is designed to help those worst affected by the pandemic, such as bars and restaurants, get back to business when doors fully reopen for hospitality no earlier than 17th May. Residential tenants will also be supported as the ban on bailiff-enforced evictions in…
White worker wins race discrimination claim against food company
March 25th 2021A white worker at a firm producing Asian food was racially discriminated against after his supervisor told him to “go and work for an English company”. Claire Davies Director and Employment & HR Solicitor reports. The case involved Colin Sorby who worked at Mumtaz Foods on a zero-hour contract with Bradford Management Services. In October 2019, his supervisor Azeem Akhtar told him that Mumtaz Foods was an Asian company and…
New recruits join legal firm
March 23rd 2021A LEADING legal firm has recruited two new staff members to its growing team. Holly Berwick and Sarah Heal have joined Cartmell Shepherd Solicitors as part of its continued expansion. Holly is a solicitor with the Agriculture team, based at the firm’s office in Cockermouth. Sarah is a private client executive with its Wills, Probate and Inheritance team based at the Rosehill office in Carlisle. Holly Berwick, has returned to…
Support Available to SMEs – A Handy Guide to Help You
March 18th 2021On 3rd March Rishi Sunak introduced a number of new measures of support for SMEs as part of his budget. He also extended some of the existing schemes as well as announcing some new initiatives designed to support the survival, growth and development of businesses. From the extension of furlough to a continuance of business rate relief for retail, hospitality and leisure, right through to grants, a new VAT deferral…
How will employees’ rights be affected post lockdown?
March 16th 2021Thinking it over with Carol Fish Director & Head of Serious and Catastrophic Injury… After Prime Minister Boris Johnson set out his roadmap to ending lockdown in England, thoughts for many employers are turning to how they will bring their teams back into offices when restrictions ease. The widespread administration of the vaccine in the UK is good news for many employers to help working life slowly return to normal over time.…
