Archive for the: Blog Posts category

The news coverage has been widespread following Sir Phillip Green being named by Lord Hain in Parliament as the “leading businessman” who obtained a privacy injunction to prevent media publication of allegations of sexual harassment and racism made against him by former employees.

The Telegraph reported that they had been “gagged” from naming a “leading British businessman” after he took out an injunction to prevent them reporting on allegations of sexual harassment and racial abuse raised by employees.

In all five cases in question, the complaints raised by former employees had been "compromised by settlement agreements" under which "substantial payments" were made.

Decision of the High Court in Various Claimants v Vm Morrisons Supermarket PLC Upheld by the Court of Appeal

Morrisons has lost its challenge to the Court of Appeal against a 2017 ruling which established it was a vicariously liable for the actions of an disgruntled ex-employee who deliberately commited a data breach that saw approximately 100,000 of his co-workers' personal data posted online. Morrisons' management took action within a few hours of being notified of the breach to have the data taken down.

Background

In January 2014 Mr Andrew Skelton, a...

The government has extended licensing provisions from 1 October 2018; this means that landlords who let out properties with any number of storeys that have 5 or more tenants, who aren’t related, and who share facilities like kitchens or lavatories, will require a licence from the local housing authority.

The government believes that the new rules will help to protect at least 850,000 more people in privately rented homes, from poor living conditions and overcrowding.

Failure to obtain a licence means that landlords could face enforcement action.

If you have a house in multiple occupation (“HMO”),...

Reiner & Anor v Triplark Ltd [2018] EWCA Civ 2151; a tenant of a flat, had breached a lease covenant for failing to obtain consent to assign her lease, despite the right to manage company failing to comply with statutory requirements.

In the above recent case of Reiner (4 October 2018), the tenant had requested consent to assign her lease, from the right to manage company (“RTM”) for the flats. The sole director of the RTM was the buyer. The RTM deliberately failed to notify the landlord of the proposed assignment in accordance with section 98(4) of the Commonhold and Leasehold...

Currently all European Union (“EU”) nationals can live and work in the UK under the Union’s rules regarding free-movement of people. However, post-Brexit plans announced by Theresa May at the Conservative Party Conference today indicate this will all change once the UK leaves the EU.

The proposals would mean that applicants from any country (including those within the EU) will have to meet certain requirements, such as a salary threshold. This system would therefore be geared in favour of more highly skilled workers, and not just based on their country of origin.

Successful applicants would also still be entitled to bring their...

Theresa May has announced planned legislative action aimed at stopping high street chains deducting up to 10% from tips received by their staff. Theresa May said of the Government’s plans:

“We will introduce tough new legislation to ensure that workers get to keep all of their tips - banning employers from making any deductions. It's another way we are building an economy that works for everyone."

The current position

The stance restaurants take towards staff tips differs greatly, with some keeping all the tips, some taking a percentage, and some allowing their staff to keep all tips earned. There are also differences...

Parental Bereavement (Leave and Pay) Bill received Royal Assent:

The Parental Bereavement (Leave and Pay) Bill (the Bill) introduced a new entitlement for parents to take leave following the death of their child. The proposals set out in the Bill were approved by Parliament on 13 September 2018, making the Bill now the Parental Bereavement (Leave and Pay) Act 2018 (the PBA 2018). This is the first piece of UK legislation that addresses this issue, aiming to support those who are affected by the tragedy of losing a child, and is expected to come into force from 2020.

Landlords; it’s 1^st October 2018.

The Deregulation Act 2015 (“the Act”) now applies to all assured shorthold tenancies (“AST”), whether or not created on or before 1 October 2015 (when the provisions of the Act first came into force).  This means that a Section 21 Notice cannot be served unless the How to Rent Checklist, EPC and Gas Safety Certificate (if applicable) have been supplied to the tenant.

The Act

This note considers the impact of the Act on ASTs that commenced prior to 1 October 2015 and are still in existence, but the requirements of the Act have not been...

We spend much of our time explaining to employers that they need to consult with their teams over a number of issues. ACAS gives some clarity regarding the overview of what it means, but once you have read their excellent advice, what you really want to know is how to do it.

We can all agree that “Employee communications and consultation are essentially about involving and developing people in an organisation. Employees will be able to perform at their best if they know their duties, obligations and rights and have an opportunity to make their views known to management on issues...