Posts Categorized: Company and Commercial

Multinational Employers and TUPE Obligations – Tribunal Gives Guidance

Multinational companies frequently move their operations between countries – but how do to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) impact on their search for value? The issue was strikingly raised by a case in which a Yorkshire-based office worker offered to follow his job to the Philippines – but only if… Read more »

Agency That Failed to Pay the National Minimum Wage Hit Hard In Pocket

Paying the National Minimum Wage (NMW) is a strict legal requirement and employers that fail to do so can be hit with punitive penalties. In one case, an employment agency that laid on thousands of underpaid workers at a warehouse received a six-figure fine. Following an investigation by HM Revenue and Customs (HMRC), it emerged… Read more »

New ‘Vento’ Bands

Following a consultation, the Presidents of the Employment Tribunal have issued revised guidance on the amount of compensation payable for injury to feelings in discrimination cases (the ‘Vento’ bands). In future, the guidance will be subject to revision on an annual basis, without the need for further consultation, with the first review taking place in… Read more »

Breach of Contract – Court Takes Commercial Approach

Making the right decisions in the immediate aftermath of a breach of contract is of critical importance and, at such knife-edge moments, legal advice is essential. That point could hardly have been more clearly made than by a High Court case concerning an abortive deal to ship 4,500 metric tonnes of biofuel. An oil trader… Read more »

Facing Financial Difficulties? Early Advice Essential

Financial problems are very common and often mark a low in people’s lives. However, as one High Court case showed, it is no good burying your head in the sand: taking professional advice at an early stage can bring peace of mind and save you money in the long run. The case concerned a businessman… Read more »

Insurance Company Need Not Disclose Cover

Winning a legal case is one thing. Getting paid is quite another, so it makes good sense to do your homework on a defendant to make sure that they are ‘good for the money’ before you undertake litigation. Much information is available. Credit ratings can be ascertained, and company accounts can be obtained from Companies… Read more »

Supreme Court Upholds Reality Principle in Property Valuation

Property valuations can be a live issue for many reasons, not just on sale. Differences of opinion on the value put on property when businesses are being broken up are common, insurers are known to contest claims if a property is wrongly valued, and a revaluation can prop up a sagging balance sheet. However, on… Read more »

Commercial Court Imposes Prison Sentences on Uncooperative Directors

The Commercial Court does not take defiance of its orders lightly and has a panoply of powers to enforce obedience. In one case that proved the point, the Court ordered sequestration of an overseas company’s assets and imposed prison sentences on five members of its senior management. In the context of proceedings to enforce an… Read more »

How to Value Company Shares – Court of Appeal Guidance

Valuing shares is notoriously difficult and is generally a matter of taking a reasonable view of what a hypothetical buyer might pay. That was the approach taken by the Court of Appeal in putting a price on a minority shareholding in a holiday park. Following a falling out between the four equal shareholders in the… Read more »

Lack of Clarity Over Farm Ownership Leads to Court Appearance

Clarity in business relations is always important, and making sure that what is thought to be agreed is made legally unequivocal is always good advice. In a recent case, the son of a couple had joined them in their farming partnership. The partnership accounts showed the farm (which was legally owned by the parents) as… Read more »