Business Law

Amid all the uncertainty caused by the coronavirus outbreak business owners may feel their fate isn’t in their own hands – but in fact there’s lots that they can do to help them take control. “These are uncertain times. No-one knows exactly how this is going to play out. But there are certain things you can do to protect your business,” said David Tew, a dispute resolution specialist with Cartmell…

A minority shareholder who claimed he was being unfairly targeted has won his fight against having to sell his shares for only a nominal price. The shareholder had invested in a holding company set up by himself and three others who had worked together as employees for another business. Their relationship later broke down. The group of three attempted to buy out the minority shareholder but the parties could not…

A property company has lost its appeal against a tribunal ruling that it had failed to correctly calculate the level of service charges payable by leaseholders. The case involved a mixed commercial and residential development owned by Avon Ground Rents Ltd. The leaseholders were contractually obliged to contribute through a service charge to the cost of any repair and maintenance works for which Avon was liable. Remedial works were needed…

The Employment Tribunal has ruled that a managing director was unfairly dismissed after his colleagues accepted a resignation letter he wrote ‘in the heat of the moment’. The case involved Robert Rae, who was managing director of Wellhead Electrical Supplies. Rae and other directors of the company had spent months discussing salary increases for their employees – with Rae more in favour of the idea than his colleagues. During one…

Amazon has been granted an injunction ordering a former employee to comply with the terms of his employment contract regarding the non-disclosure and non-use of confidential documents. The employee, Mr Tejan-Kella, had been an area manager for Amazon. He got into a dispute with the company and issued a claim in the Employment Tribunal. He was then dismissed on the basis that he had no right to work in the…

Bereaved parents will be entitled to 2 weeks’ statutory leave under new measures being introduced by the government. The Parental Bereavement Leave and Pay Regulations, which will be known as Jack’s Law in memory of Jack Herd whose mother Lucy campaigned tirelessly on the issue, will implement a statutory right to a minimum of 2 weeks’ leave for employed parents if they lose a child under the age of 18.…

Company directors should be held responsible for late payment of invoices, according to a survey of supply chain managers. The research, carried out by the Chartered Institute of Procurement & Supply, found that seven out of 10 respondents believed there should be independent oversight and stronger penalties to prevent businesses abusing their suppliers. The survey also found that British businesses are being weighed down by a chronic culture of long…

Employers may need to update their diversity policies to include ethical veganism after an employment tribunal held that it was capable of being a protected belief under the Equality Act. The case, which attracted widespread publicity, involved Jordi Casamitjana, who was dismissed from his job with the campaign group, the League Against Cruel Sports. Mr Casamitjana brought a claim of unfair dismissal, saying that he was sacked because of his…

A director has been ordered to compensate creditors after purchasing a property from his insolvent company in a cut-price deal. The case provided a landmark ruling on the extent to which a director’s duties remain in place after their business is placed in administration. The issue arose after System Building Services Group Ltd went into liquidation. While still a director, Brian Michie, bought from the company a property at what…

Employers are being urged to draw up comprehensive policies to protect their employees from  workplace harassment. The Equality and Human Rights Commission (EHRC) says the policies should cover everything from physical intimidation to office banter and jokes. Commission chief executive Rebecca Hilsenrath has written an open letter to employers reminding them that “their employees must come to work knowing they will be safe and protected from discrimination, victimisation and harassment…