Court rejects ‘put up or shut up’ application in dispute over will
August 18th 2022The trustees of a man’s will have been told they cannot put a time limit on his daughter’s right to bring a claim against them unless they provided all the facts that determined how the estate should be divided. Stephanie Johnson Senior Associate Solicitor reports on this recent case. The case involved two siblings in dispute over the will of their late father. The deceased owned an estate worth around £3.5…
Pregnant cleaner called ‘pathetic’ awarded £25k in discrimination case
August 15th 2022A pregnant cleaner who was told by her manager she was pathetic for needing to take a five-minute break has won her discrimination case. Jennifer Cafferky Solicitor in our employment team, reports on this recent case. Anna Burns began working for Whitstable-based Tralee Rest Home in March 2019. She took only two days absent from work and had a good relationship with her manager for the first six months of her…
A step beyond – how family businesses can legalise their values and purpose
August 11th 2022Family businesses are well-known for taking the long-term view, with business sustainability and the wider community impact being forefront in their development strategy. Increasingly, all business sectors are adopting a shifting mindset that considers a “triple bottom line” of people, planet and profit, moving away from the desire to simply make profit. We have all come across examples of businesses that make bold claims on their website about their purpose-driven…
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…
