Business Law

A LEADING employment law specialist has welcomed the move to extend the Government’s furlough scheme until the end of September. Joanne Stronach, Head of Employment Law and HR at legal firm Cartmell Shepherd Solicitors, said the move would give businesses time to recover following the easing of Covid-19 restrictions. The furlough scheme, which pays up to 80% of salaries to those who cannot work because of Covid-19 restrictions, was scheduled…

A publishing company has been granted a further injunction preventing its former chief executive officer from disclosing sensitive information obtained during his employment. Mark Aspin Director & Head of Dispute Resolution reports. The executive had worked for the publisher until he was dismissed for gross misconduct in 2018. He threatened to bring employment tribunal proceedings, but the case was settled in July 2018. The settlement agreement defined what confidential information…

The Supreme Court has ruled that Uber drivers should be classed as workers rather than as self-employed. Joanne Stronach Director & Head of Employment and HR provides an update. The distinction is crucial as it means drivers gain significant employments rights such as entitlement to the minimum wage and holiday pay. The court’s decision marks the end of a four-year legal battle between Uber and two of its former drivers,…

The ban on tenant evictions by bailiffs, which was imposed because of the Covid19 pandemic, has been extended until 31 March. Natalie Tatton, Solicitor in our Dispute Resolution team provides an update. Exemptions remain in place for the most serious circumstances that cause the greatest strain on landlords as well as other residents and neighbours, such as illegal occupation, anti-social behaviour and arrears of 6 months’ rent or more. The…

A middle-aged father who was overlooked for a role in the NHS because he was “very different” to the person who had previously held the position has won his claim of age discrimination. Joanne Stronach Director and Head of Employment & HR reports. Mr N Clements applied for the role as a band 7 project manager at Guy’s and St Thomas NHS Foundation Trust in June 2018. The interviews were…

The Court of Appeal has ruled that a travel agency was wrong to take client contact information disclosed by its competitor’s former employees and add it to its own computer database. Mark Aspin Director and Head of Dispute Resolution reports. The issue arose after the agency, Trailfinders, hired some employees from a rival agency, Travel Counsellors Ltd (TCL). Trailfinders expected new employees to bring their own customers and encouraged them…

A commercial tenant has been refused permission to re-amend its defence to a service charge claim four weeks before trial. Stephanie Johnson Associate Solicitor reports. The court ruled that although the new defences had reasonable prospects of success, they could have been pleaded earlier and there was no good reason for the delay. The issue arose because the tenant refused to pay certain elements of the service charge relating to the…

The Covid-19 pandemic has led to nearly 1 in 10 workers being told to re-apply for their jobs on worse terms and conditions or face the sack, according to research by the TUC. Joanne Stronach Director & Head of Employment & HR reports. Almost a quarter say their working terms, such as pay or hours, have been downgraded since the first lockdown in March. The TUC commissioned an online survey of…

A SOLICITOR at a leading legal firm has joined the board of a charity which helps young people and adults find employment. Sam Lyon Head of Corporate and Commercial at Cartmell Shepherd Solicitors, has become a trustee of Inspira, which supports people in Cumbria and Lancashire prepare for a career, return to work or look for a first job. Sam has spent most of his legal career advising both large…

There has been a sudden surge in personal and corporate insolvencies, due mainly to the effects of the Covid pandemic. Sam Lyon Associate Solicitor and Head of Corporate & Commercial reports. Figures released by the Insolvency Service show there were 1,228 business failures in December 2020 compared with 891 in November. That’s a rise of 37.8%. It’s also 9.2% higher than in December 2019, when there were 1,125 insolvencies. There were…