Jewellery designer wins passing off claim against rival
August 31st 2021A 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…
Nursing officer was dismissed for making protected disclosures
August 25th 2021The 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.…
Interior designers win dispute over hotel ‘five-star finish’
August 24th 2021A 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…
Worker subjected to abuse on WhatsApp awarded £25,000
August 20th 2021A 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…
Pitfalls of ‘no jab, no job’ policy for businesses across England
August 19th 2021IMPLEMENTING 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…
Government to place duty on employers to prevent sexual harassment
August 18th 2021The 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…
Father granted access to business records in family dispute
August 16th 2021A 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…
Supreme Court rules on burden of proof in employment claims
August 12th 2021The 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…
Directors breached their duties when setting up their pensions
August 11th 2021The High Court has ruled that two directors breached their legal duties when they used company property to fund their pensions. Sam Lyon Head of Corporate & Commercial reports on this recent case. The case involved a company that had been incorporated in 1998 to take over a volunteer-run project that renovated and resold donated furniture. In 2001 the company bought a property as its premises. Some of its profits…
Landlord wins dispute over service charges in commercial building
August 9th 2021A landlord has won a dispute over service charges in a commercial building because the onus was on the tenant to prove they were unfair, and it had failed to do so. Natalie Tatton Solicitor reports on this recent case. The case involved Criterion Buildings Ltd and Mckinsey & Co. Criterion was the landlord of a building comprised of offices, a sportswear store, a theatre and a restaurant. McKinsey leased…
