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Companies Act 2006 - Articles of Association

From 1st October 2009, the Articles of Association (“articles”) will form the main constitutional document of a company. Please see the separate briefing note “Companies Act 2006: Memorandum of Association” for details regarding changes to the memorandum. All companies must

Companies Act 2006 - Memorandum of Association

From 1st October 2009, the Memorandum of Association (“memorandum”) of a company will no longer form part of a company’s constitution. The Companies Act 2006 (“2006 Act”) defines a company’s constitution as its Articles of Association and any resolutions and agre

Commercial Law News - October 2009

Companies Act 2006: Memorandum of Association Companies Act 2006: Articles of Association Companies Act 2006: Overseas Companies Insolvency 1.            Companies Act 2006: Memorandum of Association Provisions of

Services for Business

Services for Business We examine the commercial rationale behind any transaction before drafting the necessary legal documents. We offer a comprehensive range of legal commercial services including: Transactional Agreements – acquisitions and disposals of shares, buy-outs/buy-ins, asset/b

Commercial and Employment Law Newsflash - Important Reminder of Recent Changes to the Law (July 2011)

THE BRIBERY ACT 2010 The Bribery Act 2010 came into force on 1st July 2011.  It is important that you take action to protect your business and your directors from claims under the Act.  Please follow this link to the Morgan Russell Bribery Act article and you can also read the guidance to

Companies Act 2006 - Shareholders Resolutions and Meetings

The Companies Act 2006 provides for private companies to pass resolutions:-  at a meeting; or by written resolution. Please see the separate Briefing Note “Companies Act 2006: Written Resolutions” for further information on written resolutions. Where the Act requires a resol

Companies Act 2006 - Synopsis of the New Act

The new Companies Act 2006 represents the most fundamental reform of company law for more than fifty years and is said to be the longest Act ever passed by Parliament. Much of the previous law affecting companies will be repealed or amended by the Act. Some of the major changes include: Direct

Employment Law Country Comparison - October 2010

Please click on the below link to access the updated Employment Law Country Comparison Employment Law Country Comparison - October 2010 If you have any questions regarding the above or require additional information or assistance, please contact Melanie Smith on +44 (0)1372 461411.

Companies Act 2006 - Board Minutes

A company’s articles normally contain provisions regarding board minutes, either expressly or by reference to keeping written records of decisions taken.  As one of the directors’ duties under the Companies Act 2006 is to act in accordance with the company’s constitution, each

Mandatory Code of Conduct for Alcohol Retailers

The Government has recently announced a new code of conduct for alcohol retailers. This checklist will help businesses keep track of the implementation dates for the five new mandatory licensing conditions.    Mandatory Licensing Condition     Coming into Force

Commercial Law News - October 2007

Companies Act 2006 – Directors’ Duties Companies Act 2006 – Transactions with Directors Companies Act 2006 – Written Resolutions Companies Act 2006 – Shareholders Resolutions and Meetings On 1st October 2007 various further provisions of the Comp

Companies Act 2006 - Written Resolutions

The provisions in the Companies Act 2006 relating to written resolutions came into effect on 1 October 2007. Private companies are currently able and will still be able to pass shareholders resolutions by way of written resolutions rather than holding a general meeting. However from 1 October 2020 w

Companies Act 2006 - Exercise of Members' Rights

The Companies Act 2006 provides that a company’s articles may provide for another person to be nominated to exercise some or all of the rights of the registered member.  Such nominated rights can only be enforced by the registered member. Where a member holds shares on behalf of one or

Commercial Litigation

Commercial Litigation Our Commercial Litigation department is experienced in handling disputes arising in the corporate and commercial sector. At some point nearly all businesses are involved in disputes, whether a minor issue or a more substantial matter that could threaten the reputation of a bu

First prosecution under the Bribery Act 2010 (extract from November 2011 edition of Employment Law News)

Employers have been waiting to see whether the application of the provisions of the Bribery Act 2010 will impact upon the way in which they conduct business, most particularly in respect of corporate hospitality and overseas transactions where it is often considered essential to "smooth the way" in

International Legal Services

International Legal Services We have in-depth legal experience in international business contracts and relationships, which means we can assist with: Company acquisitions and joint ventures Marketing and distribution agreements Structures to provide preferred commercial and tax

Employment Law Services

Employment Law Services It is against a background of constantly changing employment laws and regulations that the proactive approach of Morgan Russell is of great benefit. We work closely with accountants and tax advisers where required. This enables us to not only advise clients on the alternati

Commercial Law News - October 2011

Directors can be liable of Corporate Manslaughter First victim of the Bribery Act Terms of Business - a warning from the courts Substantial property transactions Sale of Goods Act – OFT hub  1.           

Companies Act 2006 - Company Names

Provisions of the Companies Act 2006 regarding a company’s name come into force on 1st October 2009. A name will not be registered if:- Its use would, in the opinion of the Secretary of State, constitute a criminal offence.  It is offensive in the opinion of the Secretary of State.&n;

Comparison of public and private sector pay (extract from August 2011 edition of Employment Law News)

Our newsletters generally consider developments in "individual" rather than "collective" employment law.  However, the recent industrial action by teachers and the threat of further industrial action by public sector workers has attracted much media coverage and, in that context, it is&nbs;

Abolition of 'Default' Retirement Age (extract from April 2011 edition of Employment Law News)

The Government announced in July 2010 that as from October 2011 (with phasing in from April 2011) the exemption which allows enforced retirement of employees at age 65 or over is to be abolished. The Government confirmed in November 2010 that, notwithstanding some opposition, it intended to go ahea

Commercial Law News - October 2005

Business Preservation Product Safety Asbestos - Do you know your obligations? Directors Indemnities 1.         Business Preservation Have you ever thought of what will happen to the company in the event of the death or serious illnes

UK Company Law Reform

The constitution and formation of a company  For some years, the UK Government had been intending to reform UK Company Law.  This resulted in the Companies Act 2006 (“the 2006 Act”). Why the need for reform? The previous UK company law was drafted with large public companies

Companies Act 2006 - Appointment of Auditors

Provisions of the Companies Act 2006 came into force on 1st October 2007 regarding the appointment of auditors for private companies whose financial statements need auditing. The appointment of auditors for a private company is to be made by the shareholders by an ordinary resolution, although the

'Consultant' transferred under TUPE (extract from the July 2012 edition of Employment Law News)

Freedman gives us an example of the difference between a person being accepted as self-employed for the purposes of tax and national insurance but in fact being an employee. Dr Freedman operated a business as a sole trader, and in 2009 incorporated it as Career Energy Ltd (CEL). A new company, Caree

Equality Act 2010 - new April items (extract from April 2011 edition of Employment Law News)

As is well known, the Equality Act 2010 replaced the vast majority of British anti-discrimination laws with one single statute on 1st October 2010.  Not all parts of the Act came into force on 1st October 2010 and 6th April 2011 is the start date for three significant related items:

Commercial Law News - April 2008

Corporate Manslaughter Companies Act 2006 – Company Secretaries Transfer of Shares Energy Performance Certificates 1.             Corporate Manslaughter The Corporate Manslaughter and Corporate Homicide Act 2007 came into for

Sickness and New Fit Notes

As from 6th April 2010 the various forms of workers' sick note (also known as a medical certificate or a doctor’s statement) are to be replaced by a single fitness for work medical certificate or "fit note”.  The basic law has not changed.  As now, from the

Highly significant pensions case in Europe (extract from March 2011 edition of Employment Law News)

As widely publicised, the European Court ruled in early March in an important Belgian case, that it will soon be unlawful sex discrimination for pension providers in the EU (and insurance companies in the EU generally)  to take into account that women generally live longer t

A Warning - Compromise Agreements (extract from February 2011 edition of Employment Law News)

This is a short, non-technical note, by way of warning to those considering settling an employment dispute "out of court" - the subject matter is highly technical and thus not appropriate for a general newsletter of this sort (those who wish to go into the position in detail are recommended to

Commercial Law News - July 2004

Guarantees Shareholders Agreements Leases – New Provisions on Contracting Out Leases – New Provisions on Renewal and Termination 1.         Guarantees Guarantees can be relevant to a number of situations including banking,

A Guide to the CRC Energy Efficiency Scheme

What is the CRC Scheme? The CRC Energy Efficiency Scheme (formerly known as the Carbon Reduction Commitment) is the UK's climate change and energy saving scheme. The scheme is mandatory for both private businesses and public sector organisations, and came into operation on 1 April 2010. Please note

Are you ready for the Olympics? (Extract from the June 2012 edition of Commercial Law News)

Before you make plans to start advertising take a moment to consider what you can and cannot do legally if you are not an official sponsor of the Games. The Olympics are a well-oiled machine when it comes to protecting their intellectual property and therefore you must be very careful before you sta

A Guide to the Role of Company Secretary

A          INTRODUCTION In conjunction with this Guide please also see the separate Briefing Notes “A Guide to Director’s Responsibilities”, particularly section C thereof. Private companies are no longer obliged to appoint a Company S

Territorial Jurisdiction (extract from March 2011 edition of Employment Law News)

The Court of Appeal has ruled that BA cabin crew based in Hong Kong, but flying to and training in London, worked partly at an establishment in Great Britain: accordingly they are entitled to bring claims under the Race Relations Act 1976 and the Employment Equality (Age) Regulations 2006. Mrs Mak

Commercial Law News - October 2012

Companies Act fines increase Providing goods or services?  Age discrimination ban took effect  on 1 October 2020 Limitation of liability cap stuck down Contract negotiations Beware: an email chain can create an enforceable guarantee 1.    &n;

Agency Workers Regulations 2010 - Official Guidance (extract from May 2011 edition of Employment Law News)

As is well known, with effect from 1st October 2011 new regulations come into force to prevent discrimination against agency supplied temporary workers.  Under the regulations agency workers will be entitled to the same basic treatment as directly employed workers 

Bribery Act 2010 in force (extract from July 2011 edition of Employment Law News)

The Bribery Act 2010 was passed just over a year ago, on 8th April 2010, as one of the final pieces of legislation enacted by the last Labour government.  The incoming Coalition government originally intended to bring the Act into force on 1st October 2010 but postponed this until April 2011 an

Discrimination in the Provision of Goods and Services

This briefing note sets out the duties your business owes to members of the public when you provide them with goods, services or facilities. Since 1st October 2010, these rules are set out in the Equality Act 2010.   Who is a service provider? A service provider is any person who provide

Compromise agreements - the law of unintended consequences (extract from December 2011 edition of Employment Law News)

The Government seemed to find it mildly surprising that over half the respondents to its consultation used compromise agreements often; most practitioners would not.  But there is a cost involved for employers every time one is used, especially since the decision in Hinton v University of East

Joint Ventures - Tenders

Introduction Many small businesses would not be able to put in a tender bid based solely on their own resources.  Pooling resources with other businesses opens up a whole new area of work. This article discusses the main options available to businesses wishing to work with other businesses in

The Bribery Act 2010

The Bribery Act 2010 introduces new criminal offences in connection with offering or receiving bribes.   It came into force on 1 July 2011. The Bribery Act 2010 provides that the courts will have jurisdiction, not only over offences committed in the UK, but also over offences committed ou

How to protect your business from interruptions (extract from the June 2012 edition of Commercial Law News)

Contracts usually contain future or ongoing performance obligations that could be affected by problems with business continuity  - such as terrorism, natural disasters or traffic nightmares caused by the Olympic Games.  Under English law a party that is unwilling or unable to perform its o

Equality Act Guidance (extract from the September 2012 edition of Employment Law News)

Nearly two years after most of the Equality Act 2010 came into force, the Government Equalities Office has published a series of guides to the changes made by the Act.  Particularly useful to employers will be to the “quick start” guide to the restriction on asking about health que

Christian Goldsbrough - Stone Place Management, Stone Place Developments and Luxury House Share Limited

Christian Goldsbrough - Stone Place Management, Stone Place Developments and Luxury House Share Limited "I have been working with Morgan Russell since September 2010. Ravinder Gill has acted for me and all my companies in various matters. Since instructing her I have been successful in winning seve

Carrying forward untaken holiday (extract from August 2011 edition of Employment Law News)

As is well known, the general rule is that employees must either take their full holiday entitlement during the holiday year in which it accrues or else forfeit the right to any holiday not so taken.  Under the Working Time Regulations 1998, a worker has no right to car

A Guide to Director's Responsibilities

A          INTRODUCTION 1.         Company Administration Company administration can be a time consuming nuisance for busy Directors.  However, it is an important part of managing a business and should no

The Bribery Act 2010

This briefing note highlights the key issues you and your business need to know about the new law concerning bribery and corruption. It explains the background to the Bribery Act 2010 (“the Act”), what constitutes the new offences and how you and your business can avoid falling foul

TUPE - and fact dependant appeals (extract from August 2011 edition of Employment Law News)

An interesting "TUPE question" came before the EAT in July.  The case is Nottinghamshire Healthcare NHS Trust v (1) Hamshaw & Ors (2) Perthyn (3) Choice Support  EAT on 19th July 2011. Hillside House was a care home in Bassetlaw run by Nottinghamshire Healthcare NHS Trust. T

When is the reversal of burden of proof triggered? (extract from May 2012 edition of Employment Law News)

The provision of the Equality Act 2010 reversing the burden of proof in discrimination claims (section 136) means that if a claimant can show facts which could amount to discrimination, then a tribunal must find for him or her, unless the employer can show that there was another explanatio

Interns (Extract from May 2011 edition of Employment Law News)

There has been much recent publicity about the position of interns.  There are basically two issues, one legal and the other social.  The legal point relates to the fact that interns are often (but not always) unpaid or low paid and so National Minimum Wage issues arise.  The social p

Discrimination on the grounds of marital status (extract from February 2012 edition of Employment Law News)

The Equality Act 2010, like its predecessors, protects those with the protected characteristic of marriage from discrimination on the ground of that characteristic.  Does this concept, originally introduced to deal with the out-moded practice of dismissing women as soon as they married, which s

Provisions, criteria and practices (2) (extract from March 2012 edition of Employment Law News)

The second of this month's two disability cases, Burke v The College of Law & Anor, was a decision of the Court of Appeal concerning a mature student at the College of Law who had multiple sclerosis.  He was seeking to qualify as a solicitor, and over the period of the legal practice course

Commercial Law News - June 2012

Rights of termination in contracts Grace period for “Cookies” ended on 25th May 2012 How to protect your business from interruptions Are you ready for the Olympics?    SONNING EVENT - A Charity Evening is being held at The Mill at Sonning on Sat

Employment Law News - April 2010

National Minimum Wage 2010 Equality Bill 2010 Holidays and sickness Paternity leave - new entitlement Right to request time off for training Liability of employers for acts of their staff Recommendations for improving employment tribunals Employing workers from outside the EU 1. 

Provisions, criteria and practices (1) (extract from March 2012 edition of Employment Law News)

Two cases this month looked at the impact of the application of provisions, criteria or practices ("PCP"s) in the  workplace and employers’ duties to make reasonable adjustments.  The first, Roberts v North West Ambulance Service, related to an ambulance dispatcher who suffered

Commercial Property News

Authorised Guarantee Agreements: Case law update Summary of the implications of the Equality Act 2010 for property owners and occupiers Revised guidance on the CRC Energy Efficiency Scheme Landlord’s additional security: what are the options? 1.   Autho

A Guide to Agency Agreements

This guide will consider the following: The Nature of Agency Agreements; Types of Agency Agreements; Tax Issues; The Law and Agency Agreements; and Common Terms in Agency Agreements. 1.    THE NATURE OF AGENCY AGREEMENTS An agency occurs when one party (the agent) has

Employment Law News - October 2010

Equality Act 2010 (1) - A General Note Equality Act 2010 (2) - Compromise Agreements Equality Act 2010 (3) - Disability Discrimination Equality Act 2010 (4) - Dual Discrimination Claims Equality Act 2010 (5) - Pay Secrecy Clauses Equality Act 2010 (6) - Pre-Employment Health Questions Equali

The Digital Economy Act 2010

When does it come into force? The Digital Economy Act 2010 (“the Act”) was enacted on 8th April 2010. Some parts have come into effect immediately while others come into effect in a couple of months. However, other provisions require further public consultation or parliamentary approval

Compromise Agreements (extract from April 2011 edition of Employment Law News)

For many years it has been the practice of the Inland Revenue, now HMRC, to publish "extra-statutory concessions".  These effectively correct errors in and omission from legislation which would result in tax being collected where it would be inappropriate. The practice has always been of quest

Commercial Litigation Testimonials

Commercial Litigation Testimonials Summary of Testimonials “Recall is an industry leader in helping businesses manage compliance, mitigate risk and reduce costs by delivering physical and digital document management and archiving solutions. For many years we have relied on Morgan Russell&rsq;

Whistle-blowers' protection for LLP members (extract from June 2012 edition of Employment Law News)

The decision of the EAT in Clyde & Co LLP v Winkelhof [2012] UKEAT 0568 holds that LLP members may be “workers” for the purposes of whistle-blowing protection, even if they are remunerated in part by a profit share.  The case concerned an equity member of an LLP who worked

Employment Law for the Construction Industry - Autumn/Winter 2006

The new CIS Scheme and employment status Age Discrimination Contractor owes a duty of care to employees of sub-contractor Drink and drugs UK restrictions on employing Bulgarians and Romanians Corruption in construction Women in construction The Apprentice 

Reporting of accidents, etc at work (extract from May 2011 edition of Employment Law News)

In June 2010 the Prime Minister appointed Lord Young of Graffham to review health and safety laws and the growth of the compensation culture.  Lord Young's report “Common Sense Common Safety” was published in October.  One of the recommendations was that the Reporting of Injuri

Establishing the trigger point for employers' liability insurance (extract from April 2012 edition of Employment Law News)

The decision of the Supreme Court in BAI (Run Off) Ltd v Durham  & Ors is the most recent chapter in long running litigation on the liability of insurers under policies taken out by employers to cover them for industrial diseases contracted by employees.  The litigation arose over the

Which Business Structure

Choice of business – Sole trader, partnership, limited company or LLP? When starting up your business one of the issues to think about is what sort of legal structure you might need.  There are four widely used forms of business structure used in the UK, as follows:  sole trader

Commercial Law News - October 2006

Company Law Reform: The Implications For Directors Fire Safety Disability Discrimination Act 2005  Entire Agreement Clauses 1.         Company Law Reform: The Implications For Directors Parliament is currently considering a new

Company records which must be kept

Company Records are defined in the Companies Act 2006 as being any register, index, accounting records, agreement, memorandum, minutes or other document required by the Companies Acts to be kept by a company and any register kept by a company of its debenture holders.  They may be kept in elect

March 2011 Budget and Employment Law (extract from April 2011 edition of Employment Law News)

A Government "Plan for Growth" document was issued along with the Budget on 23rd March 2011.  From an employment law angle the following items are of most significance:  Extension to businesses with fewer than 250 employees of the right for employees to request time to train will n

Additional Paternity Leave (extract from March 2011 edition of Employment Law News)

Employed new fathers who have completed 26 weeks continuous employment with their employer already have the right to two weeks' paternity leave with statutory paternity pay.  New, additional, paternity leave rights come into force in relation to children whose expected week of b

Corporate Manslaughter (extract from March 2011 edition of Employment Law News)

Alexander Wright, a junior geologist working for a company called Cotswold Geotechnical Holdings Ltd, was killed in September 2008 when a pit or trench from which he was taking trial soil samples collapsed on top of him. The company was prosecuted under the Corporate Manslaughter &

Contract Negotiations - Pitfalls to avoid

This briefing note highlight some of the major pitfalls that your business needs to be aware of, and should avoid, during a contract negotiation.  You should always take legal advice if your business is negotiating a large or unusual contract. Who are you negotiating with? Does the person yo

Employment Law News - March 2011

Summary of forthcoming changes Protection of Freedoms Bill Additional Paternity Leave Abolition of default retirement age Territorial jurisdiction TUPE avoidance blocked by the EAT Corporate manslaughter HMRC’s view as to whether an individual is an “employee” is not concl

Employment Law News - June 2010

The Coalition Government and employment law The ever widening reach of discrimination law Proposed cuts in civil servants redundancy pay ruled unlawful What happens if the authorities fail properly to apply EU law Unfair dismissal and misconduct  A possible loophole in unfair dismissal l

Commercial Law News - October 2010

Directors’ service addresses Is your trade mark actually protected? Battle of the forms - terms and conditions Confidentiality Agreements 1.  Directors’ service addresses Under the previous Companies Act 1985, directors and secretaries had to provide their home addre

Employment Law News - February 2010

Temps and Agency Workers Legal Representation at In-House Disciplinary and Grievance Hearings British Airways and the Cabin Crew Strike Trade Union Member Blacklist Regulations New Compensation Limits and Fee Arrangements at Tribunals Equality Bill New Paternity Leave Rights Age Discriminat

Employment Law News - July 2010

Vetting and Barring Scheme halted Minimum Wage increase 2010 Rewards for failure Retirement age The “without prejudice” rule Circumventing statutory compensation limits Equality Act 2010 progress Fit notes - employers beware! And finally....  1.   Vetti

International commuters can be protected by UK employment law (extract from March 2012 edition of Employment Law News)

Commuting is no fun, unless you are fortunate enough to work from home, but imagine the plight of the international commuter.  Now at least they may have the comfort of knowing that they have employment law protection, as this case shows.  Since 1996, when the territorial restri

Employment Law News - August 2011

Comparison of Public and Private Sector Pay Carrying Forward Untaken Holiday Religious Discrimination Red Tape and Gold Plate TUPE - and Fact Dependant Appeals Dress Codes Employee or Self-Employed? Pay Cuts and Dismissal And Finally... 1.        

Additional Staff

Additional Staff Bridget Carman BSc Bridget Carman is Marketing Manager for Morgan Russell and co-ordinates production of marketing material, website content and the development of new business. She graduated from the University of Manchester, Institute of Science and Technology in 1980, with a fi

Hospitality: Hotels

Introduction This briefing note discusses various legal issues of relevance to the hotel industry. It is written primarily on the assumption that a limited company is running the hotel, but partnerships are briefly mentioned (see the section headed “Trading Entity” below). A sole trade

Hospitality: Restaurants

Introduction This briefing note discusses various legal issues of relevance to the restaurant industry. It is written primarily on the assumption that a limited company is running the restaurant, but partnerships are briefly mentioned (see the section headed “Trading Entity” below). A

Employment Law News - April 2011

Bribery Act 2010 Termination of employment status or termination of employment contract, or both? A Conundrum SMP and other April benefit increases Compromise Agreements Equality Act 2010 - new April items March 2011 Budget and Employment Law Tax on Termination Payments Additional Paternity

TUPE Avoidance Blocked by the EAT (extract from March 2011 edition of Employment Law News)

A leading article in the Times of 23rd February 2011 was headed "The TUPE regulations are a barrier to open services that needs to be removed".   The Times was making the point that the TUPE regulations make it practically impossible for local councils to achieve efficiency

Right to legal representation at a disciplinary hearing (extract from July 2011 edition of Employment Law News)

Since September 2000 the basic rule has been that a worker (as defined) has the right to be accompanied by a fellow worker or trade union representative at an employer's internal disciplinary or grievance hearing.  The companion does not have the right to answer questions on behalf of the

Employment Law News - May 2008

Illegal Immigration What is a “Sham”? Don’t call the Barmaid “Love” The new Statutory Holiday Entitlement Part-Time Workers Pregnancy and Employment Employer not liable for gay teasing of a straight worker 1.        &nb;

Commercial Law News - April 2010

Guidelines on Corporate Manslaughter and Health and Safety Offences Fraudulent Misrepresentation: EDS v BSkyB Changes to the Insolvency Rules 1986 Joint ventures: a summary Foreign Owners of US-registered trademarks are warned about trademark scam artists 1.  Guidelines on Corpora

Red tape and gold plate (extract from August 2011 edition of Employment Law News)

The Government is pushing forward with its plans to reduce red-tape, recently inviting businesses and individuals to become more involved in its "Red Tape Challenge" by completing a series of questions about the enforcement of rules and regulations. A "Red Tape Challenge Enforcement theme

Variation of terms after a TUPE transfer: when is it permissible? (extract from November 2011 edition of Employment Law News)

One of the most difficult issues a transferee employer has to deal with after the transfer of a business to it is when it can make changes to the terms and conditions of staff in the transferred company.  TUPE 2006 makes clear that any purported variation of an employment contract will be void

Employment Law News - February 2011

New compensation limits for unfair dismissal, etc What the Government giveth (to employers) with one hand... ... It takes away with the other Voluntary workers, interns and employment law rights Bankers’ bonuses and the new FSA rules Gold plating EU Directives - and TUPE Pensions Bill

Ordinary and Additional Paternity Leave

This note looks at ordinary paternity leave and pay which was originally introduced in April 2003 and are contained in the Paternity and Adoption Leave Regulations. Going forward the Work and Families Act 2006 provides for a new right to additional paternity leave and pay. There has been some delay

Employment Law News - August 2010

No to compulsory retirement at age 65 says the Government Yes to compulsory retirement at age 65 says the Court of Appeal New National Minimum Wage from 1st October 2010 Public sector redundancy pay and pensions Health questions in recruitment after 1st October 2010 Compensation payments and

Employment Law News - March 2010

Fit notes replace sickness notes in April  TUPE - Employers can thank the European Court Scam Litigants British Airways Sins of advisers not visited on clients Equal Pay Extending maternity leave to 20 weeks fully paid Bullying at Work And Finally... Oxford don cries foul after being

Employment Law News - May 2010

Election 2010 and Employment Law Equality Act 2010 Religion and Belief Absence from Work and the Icelandic Volcano Holidays and Sickness The Baby P Case Dismissal  Whistleblowing Disability Discrimination And Finally......  1.  Election 2010 and Employment Law

Employment Law News - November 2010

Bribery Act Without Prejudice Negotiations  Corporate Manslaughter Pay Reductions Possible changes to unfair dismissal and other law following BIS review Maternity leave changes and the EU Working time, rest breaks and holidays Health & Safety Simplification And finally... Oops!&n;

Chancel Repair Liability

What is chancel repair liability? Chancel repair liability dates back to medieval times, when every parish had its own rector. The rector enjoyed certain proprietary rights, including a right to profits from parish land and tithes. Repairs to the chancel (or eastern end of the church) were the rec

Implications for the Loss of Default Retirement Age (part of a talk given by Melanie Smith on 7 April 2021)

Introduction Summary of Key Dates Main Implications Options for Employers after 5th April 2011 Retirement in Context - Age Discrimination Case Law on Objective Justification What is the Risk/Quantum of Risk Other Impacts? Insured Benefits and Pension Schemes; Good/Bad Leaver Provisions

Costs of reasonable (or not?) adjustments under the spotlight as deaf applicant loses discrimination case on appeal (extract from November 2011 edition of Employment Law News)

The vexed question of what constitutes a ‘reasonable adjustment’ and whether cost can be a factor in the equation has long been a problem for employers when dealing with disabled employees and job applicants.  The Equality Act 2010 largely replicates the provisions on ‘reasona

New Powers for the Information Commissioner

From 6 April 2021 the Information Commissioner (“the Commissioner”) will have the power to issue a monetary penalty notice (“MPN”) against your business if it has committed a serious data protection breach. What is an MPN? An MPN is a notice requiring a data controller to p

Companies Act 2006 - Overseas Companies

Provisions of the Companies Act 2006 regarding overseas companies come into force on 1st October 2009. If an overseas company sets up an establishment in the UK, it is under an obligation to register it.  There are alternatives to an establishment - namely appointing an agent or setting up a

Employment Law News - October 2011

Employment tribunal claims: do the latest changes really take account of the “human factor”? Equal pay and gender equality reporting: how many employers will voluntarily “Think, Act and Report”? Employee references - the potential minefield that is the requirement to be t

Employment Law News - April 2005

A whole raft of new employment regulations came into effect in April 2005 Holiday pay for those on sick leave Employment responsibility for bullying by employee 48 hour working week opt out Disability Discrimination Act Company operating and financial reviews Time limits for claims to tribu

Employment Law News - July 2012

Not reasonable for employer to ignore medical report Beecroft redux Brevity is the soul of an ET1 Union did not victimise member by refusing to continue representation Changing the EDT Complex redundancy selection criteria not always necessary TUPE anoraks this way

Employment Law News - August 2009

Right to legal representation at internal disciplinary hearings  When does the law say a fit person is disabled?  Official review of default retirement age  Confirmation of pay and compensation changes on 1st October 2009 Consultation and TUPE Whistleblowers’ allegations

Employment Law News - May 2011

National Minimum Wage increases for October 2011 Expert Witnesses Interns Sex Discrimination - out of the frying pan, into the fire Reporting accidents at work, etc Agency Workers Regulations 2010 - Official Guidance TUPE When does employment end? And finally... 1.   &n;

A Guide to Buying or Selling a Company

This guide to buying or selling has been prepared to give an inexperienced seller or buyer a brief overview of the various stages of buying or selling a UK company. The Beginning The first stage that the parties to such a deal will usually go through simply involves the early negotiating for the m

Employment Contracts - Key Ingredients

As a preliminary point, it is worth briefly discussing what a contract is. A contract is an agreement which gives rise to legally enforceable obligations for the parties to it. A contract is formed when an offer containing the basic terms of the agreement is made by one party and in response the ot

Employment Law News - December 2010

Pensions - Automatic Enrolment and NEST Discrimination - Religion or Belief Employment Tribunals’ decisions are always final unless challenged on a genuine point of law Collective Agreements Generally (and BA cabin crew in particular) Default Retirement Age Phoney Discrimination Claims

Employment Law News - May 2005

48 Hour working week opt out Smoking at work ban nearer Equal pay claims and maternity pay Illegal immigrant workers Bank Holidays Reasons for Tribunal decisions Tribunal claims by email Overseas Employment Parental Leave Health & Safety – Accident Reporting 1.  &

Employment Law News - July 2011

Crystal ball gazing when calculating compensation for loss Right to legal representation at a disciplinary hearing Bribery Act 2010 in force Health and Safety - a rebalancing act Good news for employers having to make redundancies Minimum wage Employees remanded in custody and entitlement to

Employment Law News - February 2008

Can employees accrue paid holiday rights while absent on sick leave? 2004 employment dispute resolutions for the chop Age discrimination New unfair dismissal, etc, compensation limits April 2008 – National Insurance increases Immigrant labour Does disability d

Employment Law News - October 2007

Introduction 1st October 2007: New Minimum Holiday Rights 1st October 2007: Minimum Wage Increase 1st October 2007: Company Directors’ Duties Redefined 1st October 2007: Flexible Working Rights Extended 1st October 2007: Commission for Equality and Human Rights Sta

Commercial Law News - October 2008

Companies Act 2006 - Director's Duties Companies Act 2006 - Requirements for Directors Companies Act 2006 - Trading Disclosures Directors - Insolvency Considerations 1.            COMPANIES ACT 2006 – DIRECTOR’S DUTIE

Employment Law News - October 2009

1st October 2009 Regulations  Retirement Dismissals - The battle is lost but not the war  Sickness and Holidays  Without Prejudice Discussions - A Warning Unfair Dismissal - Compensation Unfair Dismissal - Percentage Uplift Unfair Dismissal - Unoffici

General Employment Law Update (Part 2 of 2)

11.     POINTS BASED SYSTEM OF IMMIGRATION  There has been a radical overhaul of the immigration system in the UK, to a new Points Based System (“PBS”).  Previous immigration categories have been streamlined into 5 tiers, as set out below. The 5 tiers hav

A Guide to Distribution Agreements

This guide will consider the following: The Nature of Distributions Agreements; Types of Distribution Agreements; Tax Issues; The Law and Distributions Agreements; and Common Terms in Distribution Agreements. 1.  THE NATURE OF DISTRIBUTION AGREEMENTS  A distributor i

Employment Law News - November 2009

The law behind the Royal Mail strike When can a customer complaint justify dismissing an employee?  Improved safeguarding arrangements go live Springboard Injunctions Agency Workers Directive Dressing up unfair dismissal as wrongful dismissal Disability Discrimination, Carers and Interp

Employment Law News - November 2011

Stay of tribunal proceedings, triangular interests... and draconian rules Variation of terms after a TUPE transfer: when is it permissible? More TUPE and variation of terms... Disciplinary hearings and hospital trusts Costs of reasonable (or not?) adjustments under the spotlight as deaf applic

Employment Law News - March 2012

Disciplinary suspension should not be a “knee-jerk” reaction Bully-boy tactics cut no ice with the Court of Appeal When is a group not a “grouping” The Help II International commuters can be protected by UK employment law Rights of long term sick

Key Issues on Recruitment and Termination of Employees in England and Wales

1.     General introduction  Compared with the United States, where there is no requirement for a written or verbal contract of employment and employers and employees can terminate the employment relationship at any time, for any lawful reason, and without notice; the laws

Employment Law News - September 2006

Age Discrimination Minimum Wage TUPE (Transfer of Undertakings)  Redundancies Holidays – Increase in Minimum Entitlement  Maternity, etc  ECJ on Working Time  Fire Safety Law  Implied Terms  1.         Age Discrimina

Employment Law News - December 2011

Good in parts - radical reforms of employment law  Alternative dispute resolution to be promoted “Protected conversations” Tribunal reform - tribunal fees and more Compromise agreements - the law of unintended consequences Consultation on consultation Holiday pay for long te

Employment Law News - January 2007

Annual Holiday Rights - Increase Smoking at Work Outlawed Flexible Work Arrangements Overseas Employment and Unfair Dismissal Disciplinary and Grievance Procedures Firefighters and Police – New Pension Scheme Statute Law Database Sex Discrimination M

Flexible Working Requests

Introduction The right to request flexible working hours was first introduced in 2002.  At that time the right applied only to carers of children under the age of 6 (or disabled children under the age of 18).  It has since been extended (see further below). When it was first introduced

The Equality Act

1.            Introduction 1.1       The Equality Act (“the Act”) is due to come into force in October 2010 (with the exception of some specific public sector equality duties which are not due to come i

Employment Law News - December 2009

Disability discrimination and fit employees New right to request time for training Discrimination by reason of employee’s philosophical belief Enhanced CRB checks can go too far Employment Tribunals are not courts Bias and employment tribunals ... And finally: Sex and the City (and wh

Construction Industry Briefing Note - Winter 2007/Spring 2008 Edition

1.     Annual Increase in Compensation Limits With effect from 1st February 2008, core tribunal awards increased as follows:  A week’s pay (basic award/redundancy pay) increased from £310 to £330; and The maximum compensatory award in unfair di

Key Labour Law issues in England and Wales

1.     GENERAL INTRODUCTION UK employment law makes a distinction between employees who work under a contract of employment and independent contractors who work under a contract for services. An employee enjoys more legal rights than an independent contractor. However, some rig

Commercial Law News - May 2011

How NOT to terminate a commercial contract How do the Libyan political sanctions affect my business?  A look at force majeure clauses Why contract definitions are important Legislation affecting registered company names What’s in a name? A recent example case

Business Continuity

This briefing note sets out what the legal implications of business interruptions are and provides practical steps for consideration, particularly in light of the Olympic Games and Paralympic Games this year and other high profile matters. In recent years there have been a number of high profile th

Commercial Property News - March 2011

SDLT avoidance schemes: a word of warning Summary of the measure of damages under dilapidations claims Alternative rent review mechanisms New version of the Commercial Property Standard Enquiries 1.         SDLT avoidance schemes: a word of warni

Employment Law News - September 2008

Redundancy (the basics) Redundancy (some subtleties)  Flexible Working – April 2009 changes  Rights during Additional Maternity Leave Pension opt-out inducements for employees to be banned Disability Discrimination – The mystery of the blind man and his dog Disability D

Employment Law News - April 2012

How far can cost considerations be a justification for age discrimination? Establishing the trigger point for employers’ liability insurance No unfairness in process for selecting candidates for alternative employment Establishing the pool for redundancy selection &ldqu;

Employment Law News - November 2007

Redundancies and Consultation Age Discrimination – The End Justifies the Means Asbestosis and Pleural Plaques Statutory Maternity Pay, etc National Insurance Contributions and Income Tax Allowances 2008-2009 Ministers of Religion Disciplinary Procedures D

General Employment Law Update (Part 1 of 2)

1. INTRODUCTION This briefing note takes the form of a general update on key developments in case law in the preceding 12 months or so.    2. COSTS IN THE EMPLOYMENT TRIBUNAL 2.1       GENERAL PRINCIPLES The general principle in the employment

Employment Law News - April 2009

April 2009 – New Law  Heyday Result (Age Discrimination) A Warning to Employers Rejecting Non-EU Job Applicants and Race Discrimination Employment Tribunal Statistics TUPE Holidays  Discrimination on Grounds of Religion or Belief  .... And Finally 1.  &n;

Age Discrimination

1.         Introduction Age Discrimination Legislation covering all aspects of the employment relationship from recruitment through to retirement came into force on 1st October 2006 when the Employment Equality (Age) Regulations 2006 come into effect (“

Employment Law News - February 2012

Increase in tribunal limits Domestic workers Offshore workers can be required to take annual leave while onshore Discrimination on the ground of marital status A TUPE miscellany What counts as suitable alternative employment? No compensation for manner of dismissal. Ever Employer entitled t

Employment Law News - July 2008

Disciplinary and Grievance Procedures – New ACAS Guidance Right to Request Time off for Training Disability Discrimination – Technical but very Important Retirement and Age Discrimination Tips, Troncs and the National Minimum Wage Religion is out..... ..... and Religion is in

Employment Law News - September 2012

In place of discord Tribunal changes in the offing Compulsory retirement at 67 can be justified Keep your hair on - are you or are you not a worker? It’s a simple enough question, isn’t it? Employee did not breach duty of fidelity when seeking business for himself

Employment Law News - May 2012

Justification for direct age discrimination must be related to the general public interest Indirect discrimination related to retirement is unlawful age discrimination Rejected applicants have no right to disclosure of the successful candidate’s details Servant or serf?

Employment Law News - May 2009

The 2009 Budget - Redundancy Pay, Minimum Wage and Personal Tax Allowance  The Equality Bill  Holidays Fat Cats Pleural Plaques (Asbestos Claims) Representation at Disciplinary Hearings Corporate Manslaughter and Corporate Homicide Act 2007 Damages for Injury to Feelings  ..

Employment Law News - June 2012

After the Beecroft brouhaha Early retirement benefits transfer under TUPE Organised groupings are not just a matter of happenstance Whistle-blowers’ protection for LLP members Refusing a settlement offer The Help III Rights to a hearing by an impartial and ind

Employment Law News - June 2009

Pregnancy and Work  Government Proposals (Minimum Wage; Enforcement of Awards; No-Win No-Fee Arrangements) TUPE Noise at Work Restaurant Tips PUWER Regulations Part-Time Workers The Battle of the Golden Handshakes – and other things Lewisham v Malcolm - Update  ....And Fin

Employment Law News - March 2009

Dispute Resolution Procedures - Transitional  How Discretionary is a Bonus? What is a “Sham”? Health and Safety Offences Act 2008 Unfair Constructive Dismissal and Compensation  SMP, SSP and Benefit Rates Religious Discrimination  Unfair Dismissal and Compensation

Employment Law News - July 2009

Redundancy – LIFO Equal Pay and “Piggyback Claims”  Race Discrimination, Jews and Total/Lindsey Sex Discrimination, Sir Alan Sugar and the Apprentice Back Claims for Holiday Pay Protection of Children and Vulnerable Adults – Vetting Procedures Inflation and C