What is the outlook for SMEs? Practical Guidance for SMEs looking to Futureproof their business
May 10th 202112 months on and we are still feeling the effects of the pandemic and will for some time. In March, immediately after the Chancellors latest budget, we asked SMEs across the UK to share their outlook for the next 12 months. The findings make for interesting reading – including: 46% of businesses with less than £250k turnover are expecting reduced income over the next 12 months. 67% of businesses with…
Landlord entitled to unpaid rent despite tenant’s Covid defence
May 4th 2021A commercial landlord has won a dispute over unpaid rent of more than £166,000 despite the tenant citing Covid-19 as the reason for its failure to pay. Stephanie Johnson Senior Associate Solicitor reports on this recent case. The case involved Commerz Real Investmentgesellschaft MBH and TFS Stores Ltd. Commerz was the leasehold owner of the Westfield Shopping Centre. TFS was the tenant of one of the units in the centre…
Time for businesses to look differently at mental health
May 4th 2021Thinking it over with Carol Fish Director & Head of Serious and Catastrophic Injury… AS more people prepare to return to offices and other workplaces as lockdown eases further over the coming weeks, now is the time for businesses and employers to be planning how to look after the welfare of their people. Some employees will be looking forward to getting back into workplaces and excited about interacting with their colleagues and…
Cleaner accused of ‘throwing a sicky’ was unfairly dismissed
April 28th 2021The Employment Tribunal has ruled that a cleaner was unfairly dismissed after she resigned because her employer accusing her of lying about her illness. Joanne Stronach Director & Head of Employment and HR reports on this recent case. The case involved Pamela Wynn Newcombe, who was employed by Machynlleth Town Council from 2013 to 2019. In 2017, she became involved in a dispute over plans to alter her working hours.…
Removing Children from their ‘habitual residence’
April 26th 2021Many clients don’t realise that children cannot be removed from the country they habitually reside in without both parents’ consent. Not only can it amount to child abduction (a crime) but the child is most likely to be returned to the home country. Taylor Chanter Solicitor reports on this recent case. Yet another case highlights that children should not be removed without consent or a court order. The wishes of…
Law firm invests in its staff with raft of promotions to key positions
April 21st 2021A LEADING legal firm has recognised the achievements of its team by promoting several members of staff to key positions. Cartmell Shepherd Solicitors has made the appointments as part of its expansion plans which have continued throughout the pandemic. The 11 internal promotions include the appointment of Katherine Pretswell-Walker to the firm’s board of directors. Six new Senior Associates have also been created, along with four Associate Solicitors. Peter Stafford,…
Engineer too late to claim holiday pay from Pimlico Plumbers
April 21st 2021An engineer who won a landmark case that he should be classed as a worker at Pimlico Plumbers has lost his claim for backdated holiday pay. Joanne Stronach Director & Head of Employment and HR reports on this recent case. Gary Smith had worked for Pimlico as a heating engineer from 2005 to 2011. Throughout that period Pimlico regarded him as a self-employed independent contractor, without entitlement to paid annual…
Builders told to remove leasehold terms that trap homeowners
April 19th 2021Two major home builders have been told to remove contract terms that mean leaseholders have to pay ground rents that double every 10 or 15 years. Elizabeth Crouch Associate Solicitor & Head of Residential provides an update. The Competition and Markets Authority (CMA) launched enforcement action against 4 housing developers in September 2020. These included Countryside Properties and Taylor Wimpey, for using possibly unfair contract terms, and Barratt Developments and Persimmon…
Driver’s dismissal for not wearing a facemask ‘was not unfair’
April 15th 2021A delivery driver has lost a claim of unfair dismissal after he was fired for refusing to wear a facemask while on duty during lockdown. Joanne Stronach Director & Head of Employment and HR reports on this recent case. The case involved Deimantas Kubilius who had worked as a driver for Kent Foods Limited for four years. Most of his work involved driving to and from their supplier Tate &…
Night club director ordered to pay £200k for company law breach
April 14th 2021A director who had conducted the affairs of a night club in a way that had unfairly prejudiced a minority shareholder has been ordered to make an interim payment to her of £200,000. Sam Lyon Head of Corporate & Commercial reports. The figure could be much higher once a further hearing takes place. A judge had found that the company’s affairs had been conducted by the director in a manner that…
