Newsletters

Age Discrimination - Private Members Clubs

With effect from 1st October 2012 provisions in the Equality Act 2010 relating to age discrimination come into force and will affect private members club or associations who: Have at least 25 member Have rules regulating who can be a member and there is a...

Redundancy Payments - When Is Redundancy Payment Not Payable?

What is redundancy? This is defined by Section 139 Employment Rights Act 1996.   A redundancy occurs if the dismissal is wholly or mainly attributable to: The employer ceasing or intending to cease to carry on its business (i) for the...

Fiduciary Duties - Competition By Former Employees Directors

Many senior employees are asked to sign contracts containing restrictive covenants which limit their ability to e.g. solicit work from clients or customers, to poach staff or work within a prescribed area on leaving their employment. Such contractual...

Tenant Deposits & Section 21 of the Housing Act - Closing The Loopoles

The Housing Act 2004  (which did not come into force until 6th April 2007) introduced the requirements for landlords to register deposits paid by their shorthold tenants in an authorised scheme, and to give the tenant prescribed information...

Division of Interests in Property - Cohabiting Couples

Trusts of Land and Appointment of Trustees Act 1996 Where a relationship breaks down and the parties cannot agree how their property should be dealt with e.g. a sale or transfer of the property to one of them application can be made to the court for a...

Work for Benefits - Slave Labour?

As part of two separate schemes  under the Job Seekers Employment and Enterprise Regulations 2011  to help recipients of Job Seekers Allowance back to work, individuals were required to take part in schemes that involved them undertaking...

Au Pairs & Migrant Domestic Workers - Minimum Wage entitlement

Is an au pair entitled to the national minimum wage if certain tasks are not shared with the family? No, says the Court of Appeal in conjoined appeals concerning the application of the Minimum Wage Regulations 1999 (“NMW”)to domestic...

Legal Contracts And Employment Claims

What is an illegal contract? An “illegal” contract is one that involves or is based on criminal wrongdoing. It must  not be confused with an invalid contract or a contractual term which would not be enforceable in the courts. Most...

Holiday and Sickness

The  Working Time Regulations 1998  (“WTR”) are designed to ensure that all workers take and are paid for holidays. The current holiday entitlement for full time workers is at least 5.6 weeks paid annual leave each holiday...

Bonus, incentive payments and commissions

Bankers’ bonuses are a controversial topic in the current economic climate, but can a bank reduce them in the face of public disapproval? In the case of Attrill and ors v Dresdner Kleinwort Limited and Commerzbank AG [2012] EWHC 1189...
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