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Pimlico Plumbers Limited & another v Smith [2017] EWCA Civ 51 “Status” is a hot issue in Employment Law right now. In recent years the courts and tribunals have considered a number of high profile claims where individuals have sought to argue that they were an employee or a worker in order to qualify for […]
When considering whether it should dismiss an employee an employer should always have regard to the potential for liability for unfair dismissal, but what does that really mean? The purpose of this article is to summarise the key principles. What is an unfair dismissal? In principle, subject to the exceptions mentioned below, under s98 […]
Business rates are payable on all non-exempt non-domestic properties irrespective of whether the property is vacant. The scope of this article is to raise awareness of the possible ways in which commercial property owners may reduce their liability for business rates during periods when their property is unoccupied. Liability for and Calculation of Business […]
An employer’s attempt to bypass a recognised Trade Union by negotiating directly with individual employees amounted to an unlawful inducement. In Dunkley and Others v Kostal UK Limited ET 1800677/2016 an Employment Tribunal held that the employer’s action in negotiating directly with individual employees rather than the recognised Trade Union was unlawful. When a package […]
Jacksons is delighted to announce the first appointment of the New Year. Solicitor, Emma Canham from Newcastle, joins the family team to assist clients in the region in all areas of family law. Emma graduated from Northumbria University after completing a law degree, combined with the LPC course, and has seven years’ experience working in family […]
A real estate lettings company has been sentenced for safety breaches after a self- employed builder suffered first and third degree burns to his face, hands, neck and chest. The 50-year-old injured worker suffered an electric shock in October 2015 when he was carrying out work for IPH Investments Ltd at an address in Station […]
In the case of Good Harvest Partnership LLP v Centuar Services Ltd, the High Court held that direct guarantees by the outgoing tenant’s guarantor to guarantee the obligations of the assignee in an Authorised Guarantee Agreement (AGA) are void under section 25 of the Landlord and Tenant (Covenants) Act 1995 (LTCA 1995) as such a […]
The general public sector equality duty (PSED) under section 149 of the Equality Act 2010 applies to all public authorities exercising public functions. This single general equality duty replaced former general equality duties which came into being from the turn of the millennium onwards through amendments to the Race Relations Act 1971 (to introduce the […]
Once again the Team has had an extremely busy month of activity, providing a wide-range of advice and support to employers and engaging in a variety of practice development projects and initiatives. Julie Dalzell, Senior Associate, has recently been focussing on the implications for employers of the apprenticeship levy, due to come into effect on […]
A mortgagee’s power of sale arises as soon as a mortgage deed is executed however a mortgagee cannot sell or take possession of a property unless there is a default under the terms of the mortgage, most commonly non-payment of monthly repayments. Once a mortgagee either peaceably takes physical possession of the property or issues […]
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