Articles
February 2017
Some Questions to Share
Author: Chris Millar
1. Does a conflict of interest arise where a solicitor acts for both the Petitioning Creditor and the Liquidator of a company?
February 2017
Brooks and Another V Armstrong and Another [2016]
Author: Nigel Cook
In this appeal from the Registrar the directors succeeded in overturning a compensation award in favour of the liquidators
January 2017
Disciplinary Investigations
Author: Keith Potter
There is long-standing case law to the effect that, if a dismissal for misconduct is to be fair, the employer must investigate the facts thoroughly. It must then be able to show that it has reasonable grounds for concluding that the employee committed the misconduct of which he is accused and that the relevant misconduct is a sufficient reason for dismissing the employee. The employer’s decision must be shown to be within the range of reasonable responses – a principle which gives some latitude to employers.
January 2017
Employment Status - The Uber Case
Author: Keith Potter
The employment tribunal’s decision in the case relating to the Uber taxi drivers was given in late October 2016 (Aslam and others v Uber BV and others). The drivers claimed that they were “workers” under employment legislation. If true, this meant that they were entitled (a) to the national minimum wage for hours worked, (b) to paid annual leave and (c) to protection against unlawful deductions from wages.
January 2017
Rest Breaks
Author: Keith Potter
There has been conflicting case law on the subject of the right of workers to take rest breaks during the working day. The Working Time Regulations entitle a worker to an uninterrupted rest break of at least 20 minutes (or 30 minutes in the case of a worker less than 18 years’ old) where the working day exceeds 6 hours.
January 2017
Termination Payments
Author: Keith Potter
In 2015 the government embarked on consultation about simplifying the tax treatment of termination payments, an area which has frequently given rise to dispute and uncertainty in the past. The government’s response to the consultation has now been published. The proposed changes will take effect in April 2018.
January 2017
Holiday Pay
Historically, holiday pay was always calculated by reference to an employee’s basic pay. This principle was challenged in 2011 in a case involving various British Airways employees (Williams and others v British Airways plc), who successfully claimed that various allowances that they normally received in addition to their basic pay should be taken into account when calculating their rate of holiday pay. According to the Court, it was necessary to consider whether the additional allowances were intrinsically linked to the work which the employees were contracted to perform. The Court decided that there was a sufficiently close link and that the allowances should therefore form part of holiday pay.
December 2016
The Christmas Party - An Employer's Liability
Author: Matthew Kilgannon
Background
Christmas parties can be a hot bed issues for business owners and HR. With Christmas parties in full swing, the High Court has recently delivered a decision that provides a timely reminder of the extent of your liability at such events.
November 2016
The Hidden Cost of DIY LPAs
Author: Liz Dalgetty
Private Client Solicitor, Liz Dalgetty, has joined a number of organisations representing older and vulnerable people to raise serious concerns around the Government’s online tool for creating Lasting Powers of Attorney (LPAs).
November 2016
