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Insolvency: Statutory demands don’t have to be demanding, but they do have to be detailed!

The High Court in Promontoria (Chestnut) Ltd v Bell…

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Placing employee on garden leave during redundancy process may make dismissal unfair

NEWSIn Thomas v BNP Paribas Real Estate, the EAT allowed…

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Property Litigation: 'Time runs in favour of a scoundrel'​

In his latest article, Property Litigation Partner,…

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EAT finds that banter was not harassment

The EAT in Evans v Xactly Corporation Limited has…

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Insolvency: Extra-territorial application of section 423

William Shirley considers the decision in Orexim Trading…

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Employee’s letter giving ‘notice’ was not a resignation

The EAT in East Kent Hospitals University NHS Foundation…

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Zero hours security guard was agency worker and entitled to same basic terms as hirer's permanent employees

The Employment Appeal Tribunal in Brooknight Guarding…

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Working notice period after resigning in response to repudiatory breach could constitute affirmation.

The High Court in Brown & Anor v Neon Management Ltd…

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case study

Carers who sleep in at a client’s home and are “on call” are only entitled to the national minimum wage when awake and working

Care home providers will be breathing a sigh of relief…

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Supreme Court confirms 'Pimlico Plumbers' decision that independent contractor was a worker

The Court of Appeal’s ruling in Pimlico Plumbers Limited…

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Discrimination claim succeeds despite employer not knowing that misconduct caused by disability

The Court of Appeal upheld a claim for discrimination…

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Insolvency/Litigation: Directors fail to curry favour with the judge

In the recent case of The Secretary of State for Business…

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Insolvency/Litigation: A Case of Mistaken Identity?

In the recent unreported case of The Secretary of…

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NOTICE OF TERMINATION IS DEEMED TO BE GIVEN ON DATE EMPLOYEE READS IT

The Supreme Court has confirmed that the notice period…

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Continuing to work did not constitute agreement to a pay freeze

Employees who continued to work and who did not take…

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Litigation: Litigants in person have to play by the rules

In the recent decision in Barton v Wright Hassall…

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Insolvency: Secretary of State fees avoided on ‘payment in full’ bankruptcy annulment

In the decision in Mohammed Safier and (1) Wendy Jane…

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Insolvency: Lack of focus on payment of HMRC leads to disqualification.

In the decision in The Secretary of State for Business…

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Insolvency: No second bite at the cherry for debtors in insolvency proceedings

In the appeal of Harvey v Dunbar Assets plc the Court…

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Failure to pay male employee enhanced shared parental pay was not sex discrimination

The EAT has decided that failure to pay a male employee…

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Time Spent ‘On Call’ at Home was Working Time

Time spent ‘on call’ at home but within 8 minutes…

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case study

Employer did not have knowledge of disability

The Court of Appeal has upheld a Tribunal's decision…

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case study

Intention? Motive? This is a lease renewal not a murder trial!

A landlord can oppose a statutory renewal of tenant’s…

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case study

EAT upholds decision in in Asda equal pay case

The Employment Appeal Tribunal in the ASDA stores…

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case study

Newbigin -v- Monk [2017]

Business rates: Supreme Court held that properties…

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case study

Suspension can breach trust and confidence

In Agoreyo v London Borough of Lambeth, the High Court…

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case study

How to get the most out of your right of way - Gore v Naheed & Ahmed [2017]

A recent Court of Appeal decision has shed some light…

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case study

Lugay -v- Hammersmith and Fulham LBC [2017]

Asbestos: Court confirms landlords do not need to…

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case study

Father directly discriminated against by employer’s shared parental pay policy

In Ali v Capita Customer Management Limited a new…

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case study

Employees not under a duty to disclose plans to set up in competition

In MPT Group Ltd v Peel & ors the High Court confirmed…

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case study

Disability related absence was not cause of redundancy dismissal

In Charlesworth v Dransfields Engineering Services…

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case study

Three month gap will break “series” of deductions in holiday pay case

In Fulton and anor v Bear Scotland Limited, the EAT…

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Insolvency: Exercise of discretion by Court to refuse an administration order

Background The relevant provisions relating to the…

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Litigation: When is “change of position” a successful defence to a claim of unjust enrichment?

BackgroundWhere innocent third parties have been in…

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case study

Insolvency: Void payments pre bankruptcy order - Clarification of the remedy from the High Court.

BackgroundSection 284 IA 1986 provides that any disposition…

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case study

Insolvency/Civil Procedure: Extension to serve a claim form on a company restored to the Register

Following decisions made by district judges in the…

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case study

Insolvency: Dismissal of a winding-up petition where the petition debt is disputed

Background and Key FactsThe Applicant, Ro-Bal Steel…

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case study

Insolvency/litigation: Director’s duties and when not to make a claim

BackgroundPro4Sport Limited (“the Company”) was incorporated…

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Insolvency/litigation: No second bite of the cherry for case-amending liquidators

BackgroundRalls Builders Limited (“Ralls”) was a construction…

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case study

Court of Appeal confirms that results-based commission must be included in holiday pay

NEWSThe Court of Appeal has confirmed, in the case…

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case study

ASDA loses latest “round” in equal pay battle

NEWSThe Employment Tribunal in the ASDA stores equal…

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case study

Discriminatory refusal to make cake with pro-gay marriage slogan

NEWSThe Northern Ireland Court of Appeal has held…

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case study

Uber drivers win legal battle for workers’ rights

NEWSAn Employment Tribunal has ruled that two ‘self-employed’…

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case study

Inappropriate final written warning cannot be relied on to fairly dismiss

In Bandara v British Broadcasting Corporation the…

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case study

Employer not liable for injuries from staff punch-up after Christmas party

NEWSIn Bellman v Northampton Recruitment Ltd, a company…

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case study

“Self-employed” bike courier establishes worker status

NEWSIn Dewhurst v CitySprint UK Ltd, a bike courier…

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Insolvency: Court finds nothing special to justify overturning director disqualification undertaking

BackgroundMr Taylor was a qualified independent financial…

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Litigation - Insolvency - Corporate veil stays in place despite the smell behind it.

BackgroundIn 2002 Jacqueline Powell (“P”) and a former…

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case study

Litigation: Fair competition is priceless, for everything else there’s MasterCard

On 14 July 2016, the Competition Appeal Tribunal handed…

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case study

Litigation: Security for Costs and ATE – Good news for Liquidators

BackgroundThe rules regarding security for costs are…

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case study

Type 2 diabetes could be a disability

NEWSIn Taylor v Ladbrokes Betting and Gaming Ltd,…

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case study

“Self-employed” plumber held to be a worker

NEWSIn Pimlico Plumbers Limited v Smith, the Court…

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case study

Insolvency: The High Court considers the issue of costs on an appeal against a bankruptcy order

BackgroundA bankruptcy order was made against Mr Brian…

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case study

Insolvency: Is the tide turning in favour of petitioning creditors?

In the case of Cod Hyde Limited v Space Change Management…

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case study

ECJ holds that headscarf ban in the workplace did not constitute direct discrimination

NEWSIn Achbita v G4S Secure Solutions, the ECJ decided…

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case study

WILL BREXIT LEAD TO AN INCREASE IN CROSS-BORDER MERGERS?

On 23 January 2017, the UK High Court approved a reverse…

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case study

Pay protection in lesser role could amount to a reasonable adjustment

NEWSThe Employment Appeal Tribunal has held that the…

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case study

Voluntary overtime and holiday pay

The EAT has ruled in Dudley Metropolitan Borough Council…

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case study

Psychometric Testing and Discrimination

In the Government Legal Service v Brookes the EAT…

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case study

Employee who slept in entitled to national minimum wage for full duration of the night shift

In Royal Mencap Society v Tomlinson-Blake, the EAT…

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