Animal keeper unfairly dismissed despite breaking company rules
June 23rd 2023A former animal keeper has won a claim of unfair dismissal even though she broke company safety rules. Jennifer Cafferky Solicitor in our employment team, reports on this recent case. Morna Gunn was employed at Auchingarrich Wildlife Centre, which houses a variety of domestic and wild animals such as short claw otters and Scottish wildcats that could pose a risk to visitors. Control measures were in place in the park, including…
Government announces employment law changes to boost economy
June 13th 2023The government has unveiled a series of employment law reforms aimed at boosting the economy and reducing costs for businesses. Joanne Stronach Director and Head of Employment & HR provides an update. The measures include changes to the Working Time Regulations 1998, the Transfer of Undertakings (Protection of Employment) Regulations (TUPE), and non-compete clauses. The measures are set out in the policy paper ‘Smarter Regulation to Grow the Economy’, published by…
Court corrects ‘inheritance error’ made while amending trust fund
June 7th 2023The High Court has corrected an error made when changing a trust fund because it would have led to significant inheritance tax liability. Stephanie Johnson Senior Associate Solicitor reports on this recent case. The declaration of trust had been executed in 1992 in respect of a life insurance policy held by the settlor. It identified “possible beneficiaries”, including any children or grandchildren of the settlor, and certain “immediate beneficiaries” (Kate, Adam,…
Safety controller who nearly caused rail accident ‘unfairly dismissed’
June 1st 2023A team leader with controller of site safety status who nearly caused a rail accident was unfairly dismissed because the delay in dealing with his case took too long and was “wholly unreasonable”. Jennifer Cafferky Solicitor in our employment team, reports on this recent case. That was the decision of the Employment Tribunal in a case involving Network Rail Infrastructure (NRI) and Mr C Boxall. Boxall, who worked as a lubrication…
Long Covid sufferer held to be disabled despite regular gym sessions
May 19th 2023A tribunal has ruled that a long Covid sufferer could be classified as disabled despite being able to run a side business and attend regular sessions at the gym. Jennifer Cafferky Solicitor in our employment team, reports on this recent case. The case involved Mr S Bradley who brought an unfair dismissal claim against Cultureshift Communications. Before the claim could proceed in full, it was necessary to determine whether Bradley’s symptoms…
Mediation before court action to be mandatory for separating couples
April 28th 2023Separating couples will be obliged to try mediation before being allowed to go to court to settle disputes over financial and child custody arrangements. Joanne Grey Associate Solicitor in our family law team provides an update. The government announcement is part of a major shake-up of the family justice system. The proposals will see mediation become mandatory in all suitable low-level family court cases excluding those that include allegations or a history of…
Mother’s health must stabilise before she returns abducted son
April 13th 2023The Court of Appeal has overturned a decision that a mother must return her abducted son to Australia. It ruled that her mental health must be given time to stabilise before any order is made. Shannon Bateson, Solicitor in our family law team reports on this recent case. The case involved a 31-year-old British woman and her six-year-old son. The father was Australian. They began a relationship in 2015 and lived together…
Woman loses discrimination claim based on her marital status
March 27th 2023The Employment Appeal Tribunal has overturned a decision that a woman was discriminated against because of her marital status. Jennifer Cafferky Solicitor in our employment team, reports on this recent case. The case involved Mr Graham Ellis and Ms K Bacon, who had both worked for Advanced Fire Solutions Ltd (AFS). Bacon joined AFS Ltd as a bookkeeper in 2005. She later married Mr J Bacon, who was the company’s managing…
Court rejects man’s late attempt to inherit his brother’s estate
March 20th 2023The High Court has rejected a man’s claim that he was entitled to inherit his brother’s estate instead of the brother’s wife. Stephanie Johnson Senior Associate Solicitor reports on this recent case. The issue arose because in September 2002, the deceased had executed a will bequeathing his whole estate to his brother. However, following his marriage in 2010, he had instructed solicitors to draft a new will, but before executing it…
Divorce settlement to be reviewed due to husband’s non-disclosure
March 13th 2023A divorce settlement is to be re-examined by the Family Court because of the husband’s fraudulent non-disclosure of his assets. Julian Nelson, Director in our Family Law Team reports on this recent case. The couple had settled by consent during their divorce in 2010. However, it was subsequently found that the husband had misrepresented his assets, in particular the value of his company. The 2010 order was set aside and, following a…
