Postman who stuck gum on customer’s property unfairly dismissed
May 30th 2022A postman has won his claim of unfair dismissal because sticking chewing gum on a customer’s property was not serious enough to be gross misconduct. Jennifer Cafferky Solicitor in our employment team, reports on this recent case. That was the decision of the Employment Tribunal in a case that involved Graham Harvey and Royal Mail. Harvey had worked as a postman for more than 25 years on a rural route near…
Dementia sufferer was aware of his actions so his will was valid
May 26th 2022An elderly farmer who suffered from dementia understood what he was doing when he changed his will shortly before his death and so the alterations should be accepted as representing his true wishes. David Tew, Associate Solicitor in our Will Claims team reports on this recent case. That was the decision of the Court of Appeal in a case involving a dispute between members of the same family. In 2005 the…
Care worker unfairly dismissed after becoming pregnant
May 19th 2022A personal care assistant was unfairly dismissed and discriminated against after being called “useless” when she revealed she was pregnant, a tribunal has ruled. Joanne Stronach Head of Employment and HR reports on this recent case. The case involved care assistant Sandy Croly who was employed by Kelly Ann Smith, who is paralysed from the neck down. Smith lived with her two children, aged nine and eleven, and employed four other…
Court settles dispute between cohabitants over home ownership
May 16th 2022The High Court has settled a dispute between a cohabiting couple over who should own the home they had shared until they split up. Shannon Bateson, Solicitor in our family law team reports on this recent case. The couple, Mr Lee Hudson and Ms Jayne Hathway, had purchased their home in joint names. They both worked and paid their respective salaries into a joint account. Over time, Hudson’s earnings overtook Hathway’s…
Ban on ground rent will cut costs for future leaseholders
May 3rd 2022A government ban on charging ground rent on new leases is set to cut costs for future homeowners by hundreds of pounds a year. Elizabeth Crouch Senior Associate Solicitor & Head of Residential Property provides an update. The ban comes into force in England and Wales on 30 June 2022. Leasehold is a form of home ownership that gives a leaseholder the exclusive right to live in a property for a…
‘Unwanted’ son claims share of late father’s estate from niece
April 21st 2022The son of a car and property magnate has successfully sued his niece to gain a share of his late father’s estate and avoid becoming homeless. Stephanie Johnson Senior Associate Solicitor reports on this recent case. Colin Johnston was the son of Sidney Johnston, who died in 2017 leaving a £2.4 million estate to Colin’s niece, Lady Natalie Wackett. The father and son had fallen out in 1992 after a breakdown…
Irish worker was racially harassed when boss mocked his accent
April 19th 2022The Employment Tribunal has ruled that an Irishman was racially harassed and victimised when his bossed danced “like a leprechaun” in front of him and mocked his accent. Joanne Stronach Head of Employment and HR reports on this recent case. The case involved Jonathan Kelly, who worked in the warehouse at the Oriental superstore Hoo Hing in Romford. When a warehouse colleague was nearly hit by some heavy items that fell…
Law to resolve Covid commercial rent debts comes into effect
April 13th 2022A new law to resolve commercial rent debts accrued because of the pandemic has now come into effect. Carly Davies, our Debt Control Manager, provides an update. The Commercial Rent (Coronavirus) Act 2022 provides a legally binding arbitration process for eligible commercial landlords and tenants who have not already reached an agreement. It’s designed to resolve disputes about certain pandemic-related rent debt and help the market return to normal as quickly as…
Homeowner overturns restrictive covenant so he can build extension
April 7th 2022A homeowner has been granted permission to add a two-storey extension to his property despite objections from his neighbour. Natalie Tatton, Solicitor in our dispute team reports on this recent case. The case involved neighbours on an estate of houses around a private road constructed in the 1980s. The properties were subject to a building scheme imposing restrictive covenants. One homeowner gained planning permission to construct a two-storey extension. His neighbour objected on…
Marketer unfairly dismissed as bosses chose media savvy youngsters
March 30th 2022A marketing executive has won her case of unfair dismissal after she was subjected to a ‘sham redundancy process’ so her employers could use a younger employee to handle their social media accounts. Joanne Stronach Head of Employment and HR reports on this recent case. Sylvia Williams worked for Lyons Holiday Parks for ten years until she was dismissed in 2020. Williams used traditional marketing methods such as tours with promotional…
