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…
Lasting Powers of Attorney to be made safer and simpler
August 5th 2021The process of managing a loved one’s affairs using a Lasting Power of Attorney (LPA) is to be made simpler and safer. Jane Oakley a member of our Wills, Probate & Inheritance team provides an update. An LPA is a legal document that allows people to appoint someone else (an attorney) to make decisions about their welfare, money or property. They are often used by older people to choose someone…
Finance consultants entitled to their €855,000 commission
August 3rd 2021A finance consultancy was entitled to €855,000 commission for its part in acquiring investment money for a large property development. Sam Lyon Head of Corporate & Commercial reports on this recent case. That was the decision of the Court of Appeal in a case involving EMFC Loan Syndications and The Resort Group. The Group had engaged EMFC to assist it to raise financing of up to €130 million. The contract stated…
Steps needed to reduce high fatality rate on farms
July 30th 2021FARMERS and agricultural workers are being urged to make health and safety more of a priority after fatalities on the farm doubled in the space of a year. Ahead of Injury Prevention Week which runs between August 2nd and August 6th 2021, Carol Fish an injury lawyer at Cartmell Shepherd Solicitors specialising in serious and catastrophic injuries, is raising awareness of the dangers around the farm after new data from…
What should you do if you or your staff are ‘pinged’ by the NHS COVID-19 App? Guidance for employers
July 22nd 2021It is being reported that there are an increasing number of people being ‘pinged’ by the NHS COVID-19 App. The terminology ‘pinged’ is referring to when a person is sent an alert by the App. The App sends anonymous alerts if the user has been in close contact with another app user who has tested positive and will notify them that they should self-isolate, thereby helping to break chains of…
