Manager was discriminated against while on maternity leave
February 22nd 2021A 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…
Travel agency ‘wrong to use data from rival’s former employees’
February 18th 2021The 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…
Tenant not allowed to change defence over service charges
February 15th 2021A 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…
1 in 10 workers ‘told to re-apply for their jobs on worse terms’
February 11th 2021The 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…
Child arrangements for separated parents in lockdown
February 2nd 2021There are so many pressures on parents just now. Home-school projects, internet speeds and on-line lessons all add to the stress of working parents. For many of us, ‘survival’ is the main aim of the game. By Amy Fallows Head of our Family law team. If you add tension between separated parents to the mix, it is easy to see why child arrangements might break down in lockdown. The government has…
Encouraging to see sport and society taking brain injuries seriously
February 1st 2021Thinking it over with Carol Fish Director & Head of Serious and Catastrophic Injury… DURING lockdown many of us will have been relieved that elite sport has not ground to a halt – and has kept us entertained on our televisions. Even with no crowds able to attend it has given many people interest and joy and at least some sense of normality. Whether it’s top flight football, Test cricket, horseracing, or…
Can an employee be forced to have the COVID19 vaccine?
February 1st 2021The widespread administration of the vaccine in the UK is good news for many employers to help working life slowly return to normal in time. But what if one of your employees refuses to have it? The big question being considered by Joanne Stronach Head of Employment Law and HR is – can an employer require its employees to have the COVID19 vaccine? The quick answer is that the Government…
Woman written out of father’s Will wins right to inherit his estate
January 28th 2021A woman has won the right to inherit her father’s estate after a “DIY Will” supposedly signed on his deathbed was ruled invalid. Rebecca Armstrong Solicitor in our specialist Will Claims team reports on this recent case. Terri Tibbles had been the sole beneficiary of a Will her father William wrote a year before he died. In a letter of wishes attached to that Will, Mr Tibbles said that Terri’s…
Will Your Business Qualify for Covid-19 Business Interruption Insurance?
January 21st 2021Mark Aspin Director and Head of Dispute Resolution provides an update. Since last May, we’ve been following the proceedings launched by the Financial Conduct Authority (FCA) to add some clarity to the availability of “Business Interruption” (BI) insurance as a result of business closures as a result of the pandemic. Last September the High Court came to its conclusions, and as the national press has now reported the Supreme Court…
Government plans crackdown on ‘unfair’ employment clauses
January 11th 2021The government is considering a crackdown on what it describes as unfair employment contracts that restrict worker freedom. Joanne Stronach Head of Employment & HR reports. The measures could include banning the use of exclusivity clauses, which prevent workers from taking on additional work with other employers. This would apply to workers whose guaranteed weekly income is below the Lower Earnings Limit, currently £120 a week. The change would put…
