Marketing firm’s post-termination covenant ruled unreasonable
August 8th 2022A marketing company has been told that the post-termination covenant in a contract with one of its former suppliers was not enforceable because it prevented fair competition. Mark Aspin Director and Head of Dispute Resolution reports on this recent case. The case involved Mr Lambert, who ran his own business, and Credico Marketing Ltd. Credico operated by entering into trading agreements with independent sales advisers or the company they represented, and those…

Businessmen must personally honour company’s loan repayment
August 4th 2022Two businessmen have been told they are liable to repay a business loan even though the money was paid into their company’s account. Sam Lyon Head of Corporate & Commercial reports on this recent case. The businessmen owned the company, which was in financial difficulties. They asked an associate to lend them £50,000, without stating if the loan would be made to the company or them personally. The loan agreement was drafted and…

Advice for employers with staff caught up in holiday travel chaos
August 2nd 2022A LEADING employment lawyer has issued advice for businesses with employees caught up in the current international travel chaos. The first week of the school holidays has seen lengthy queues at the Port of Dover, with the chaos at the ferry port mirrored by delays at international airports, with many holidaymakers left stranded abroad with flights either postponed or cancelled. The delays are expected to intensify over the next six…

Worker unfairly dismissed for not removing religious neck chain
August 1st 2022A Christian worker has won his claim of unfair dismissal after he refused to take off his neck chain. Joanne Stronach Director and Head of Employment & HR reports on this recent case. Mr Kovalkovs worked at the 2 Sisters Food Group chicken processing firm from November 2019. He wore a silver crucifix on a neck chain to signify his belief in the Russian Orthodox Church. This was an issue for…

Water company granted injunction against former business manager
July 28th 2022A water company has been granted an injunction against its former business development manager after he breached post-termination restrictive covenants in his employment contract. Mark Aspin Director and Head of Dispute Resolution reports on this recent case. The case involved ATAC Solutions, which provides water and waste services to commercial and domestic customers, and its former manager Mr Crotty. Crotty had started working for ATAC in 2017. He was the principal contact for…

Man’s will found in draft form on computer ruled to be valid
July 25th 2022The High Court has ruled that a man’s will that existed only in draft form on a computer, but which was signed by two reliable witnesses, should be accepted as valid. Rebecca Armstrong Associate Solicitor in our Will Claims team reports on this recent case. Is a draft will legally binding in the UK? So, what of the question is a draft will legally binding in the UK? This is indeed a highly…

Do your employees have permission to work, and do you know how to conduct Right to Work Checks?
July 20th 2022One of the basic requirements on all employers is to ensure that the people they employ have permission to work in the UK. From April 2022 the process that employers need to follow when conducting right to work checks changed – you can no longer accept physical cards or permits, you must undertake digital checks. Civil penalties are imposed on organisations that have employed an individual who does not have…

Judge urges couples to use £500 mediation voucher scheme
July 18th 2022One of the UK’s leading judges has urged divorcing couples to use the £500 voucher that enables them to access mediation services to settle difficult disagreements. Shannon Bateson, Solicitor in our family law team reports on this recent case. Sir Geoffrey Vos, Master of the Rolls, made the suggestion in a complicated case involving a couple who had separated in 2017. The father had regular unsupervised contact with the three children until…

No fault evictions to be banned in ‘New Deal’ for renters
July 15th 2022No-fault evictions are to be banned as part of government plans to “end the injustice of unfit homes and help protect renters from the rising cost of living”.

Charity worker with long Covid can make disability claim
July 11th 2022The Employment Tribunal has ruled that an employee who was dismissed while suffering from long Covid is entitled to make a claim for disability discrimination. Jennifer Cafferky Solicitor in our employment team, reports on this recent case. It held that his symptoms met the criteria for him to be classed as disabled under the terms of the Equality Act. The case involved Mr T Burke, who had worked at Turning Point…
