Employers will welcome an Employment Appeal Tribunal (EAT) decision that provides further guidance on how the tribunal will apply the procedural requirements of the Acas Code in unfair dismissal cases. The EAT held that an employer's decision to dismiss was…
Please note that, as a solicitors practice, we do not provide or sell ATE insurance and you should make an enquiry of an insurance provider/broker to assist you in purchasing a policy and this article is for information only. …
The High Court has clarified that where a consumer has a business purpose as well as a private purpose, the consumer can only fall within the Unfair Terms in Consumer Contracts Regulations (SI 1999/2083) (UTCCRs) if those business purposes are…
The Ministry of Justice has recently confirmed that the law on distress will be abolished. Whilst the law of distress is considered by many to be anachronistic, it has nonetheless proven a very useful tool for commercial landlords over the…
An EAT decision provides a reminder that the context in which offensive words are spoken is all-important in a claim for religious harassment. The EAT held that an employment tribunal had been right to reject a Catholic sub-editor's religious harassment…
A recent ECJ ruling will provide welcome news to trade mark proprietors. The ruling confirms that trade mark proprietors who consider that a third party's use of a later-registered trade mark is an infringement of their own mark can potentially…
The EAT has decided that a disclosure of information after employment ends can be protected disclosure under the whistleblowing provisions of the Employment Rights Act 1996. The case confirms that a qualifying disclosure can be protected under whistleblowing law, whether…
The Employment Appeal Tribunal (EAT) has upheld an employment tribunal's finding that the dismissal of a disabled employee on long-term sick leave was fair and that it would not have been a reasonable adjustment for the employer to exempt the…
Two recent cases highlight the importance for businesses of taking care when negotiating and drafting contracts. In the first, the Court of Appeal held that losses caused by a breach of contract and arising out of a fall in property…
A property developer who ended up on the receiving end of a judge's moral views when he claimed more than £100,000 damages after his Rolls Royce was dented in a minor road accident has failed to convince the Court of…
