Category Archives: General News

Partner or Employee?

The concept of ‘partnership’ is, in theory, simple. A partnership is an undertaking carried on with a view to profit in which the partners share profits and losses. Regrettably, in reality, things are often not so straightforward and the existence … Continue reading →

The Internet and the Executor

The days when secret passwords were the staple of children’s books and not a part of everyday life are long past. Increasingly, the issue of what to do about Internet passwords and, to a lesser extent, Internet property is proving … Continue reading →

Territorial Jurisdiction in Unfair Dismissal Claims

Under Section 94(1) of the Employment Rights Act 1996 (ERA), an employee has the right not to be unfairly dismissed. Whilst the legislation does not contain any geographical limitation, it is agreed that the scope of the right must have … Continue reading →

Prisoners unfairly denied consideration for child contact

Mothers serving a prison sentence who have sole caring responsibility for children under 16 years of age are normally allowed to spend up to three days every six months at home as the end of their sentence approaches. This is … Continue reading →

Disability Discrimination: Reasonable Adjustments

Under Section 4A of the Disability Discrimination Act 1995 (DDA), employers had a duty to make reasonable adjustments if a provision, criterion or practice (PCP) placed a disabled worker at a substantial disadvantage compared with persons without a disability. Under … Continue reading →

Insolvency and TUPE

Whilst the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) operate to protect the employment law rights of employees when there is a relevant transfer of a business or part of a business, Regulation 8(7) provides that where the … Continue reading →

Paying Charitable Trustees

Although it clashes with the principle of giving one’s time voluntarily, the demands and responsibilities put on some trustees of charities are such that paying them will be a necessity in order to obtain people with the requisite levels of … Continue reading →

Salary Sacrifice Scheme Rejected

When a member of staff is on a temporary assignment, they are allowed to receive travel and subsistence payments (within certain limits) free of Income Tax (IT) and National Insurance Contributions (NICs) for up to 24 months. Similarly, where a … Continue reading →

Unfair Post-Nuptial Agreement Set Aside by Court

A Russian ‘serial non-discloser’ of assets said to be worth millions of pounds had his attempt to bind his ex-wife to the terms of their post-nuptial agreement dashed recently in the family court. Mr Justice Mostyn ruled that although the … Continue reading →

Pensions Deadline for Small Businesses Delayed

The Government has announced that businesses are to be given more time to comply with the requirement to enrol employees into a pension scheme. Amid concerns about whether people are making adequate provision for their retirement, new rules have been … Continue reading →

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