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Archive for the: Blog Posts category

Failure to Conduct Breastfeeding Risk Assessment Constitutes Employee Sex Discrimination, CJEU decides

Posted by on November 6th 2017 in Blog Posts, Employment

In Ramos v Servicio Galego de Saúde the Court of Justice of the European Union (CJEU) held that a failure by an employer to conduct an appropriate risk assessment for a breastfeeding female worker constituted direct discrimination.

The case involved an A&E nurse, who went to her employer with concerns that her working conditions (ie. long hours, stress, exposure to ionising radiation etc.) were having an affect on her ability to breastfeed her child. The employee then requested a change to her working patterns to accommodate breastfeeding her child and for preventative measures to be put in place, this was rejected on the...

Thriving At Work - How Do We Improve The Mental Health & Financial Stability Of Our Organisations?

Posted by on October 31st 2017 in Blog Posts, Employment

Thriving At Work - How Do We Improve The Mental Health & Financial Stability Of Our Organisations?

Last week saw the release of the report “Thriving at work”,  The Stevenson / Farmer review of mental health in the workplace. It came out with a great fanfare having been commissioned by the Prime Minister in January 2017.

The report’s authors have a vision that they believe is realistic within a 10 year time frame to ensure that employers create the right environment for employees with mental health who require support.

It is interesting that even in writing an article I am struggling to find the right terminology, and that is one of the areas we need to address as...

Right to Equality

Posted by on October 30th 2017 in Blog Posts

EHRC calls for a “constitutional right to equality” to guarantee employment protections

Following comments made by David Jones MP last year that the Great Repeal Bill would convert existing EU law into domestic law “wherever practical”, the Equality and Human Rights Commission (EHRC) has called on the government to introduce a “constitutional right to equality” to guarantee employment protections post-Brexit.

According to the EHRC the right to equality should be included in the EU Withdrawal Bill in order to protect the UK’s domestic equality protections post-Brexit.   Without this protection, it would mean that following Brexit people could be in a weaker position...

Proposals to Ban Gazumping and Gazundering

Posted by on October 30th 2017 in Blog Posts, Property

Proposals to Ban Gazumping and Gazundering

More Certainty for Home Buyers and Sellers: Proposals to Ban Gazumping and Gazundering

Gazumping: where sellers accept a higher offer, having already accepted another buyer’s offer.

Gazundering: where homebuyers threaten not to complete a sale unless money is knocked off the price at the last minute.

Currently, buyers and sellers alike can do nothing to stop either Gazumping or Gazundering hindering a property sale, which causes uncertainty and leads to wasted costs on both sides of the transaction.  

Paula Higgins, chief executive of the Homeowners Alliance said:

“Gazundering, gazumping, collapsing chains, and one in three sales falling through. It takes too...

Parental Bereavement (Pay and Leave) Bill

Posted by on October 27th 2017 in Blog Posts, Employment

Parental Bereavement (Pay and Leave) Bill

The Parental Bereavement (Pay and Leave) Bill was published on the 13th October 2017 with its second reading having taken place on the 20th October 2017.  The Bill follows on from the Parental Bereavement Leave (Statutory Entitlement) Bill from 2016-17 which was sponsored by Will Quince MP but failed to progress before the General Election.

The Bill is a Private Members’ Bill having been introduced by MP Kevin Hollindrake. The Government has backed this Bill and the Conservative Governments Manifesto prior to the 2017 General Election included a new entitlement for parental bereavement leave. The Bill therefore has a strong chance...

Filing of 'Electronic Bill of Costs' to be Delayed

Posted by on October 24th 2017 in Blog Posts

It was previously thought that the introduction of the New Electronic Bill of Costs would come in October 2017 requiring parties to file an electronic bill of costs in both the Senior Courts Costs Office and the County Courts. However, the Civil Procedure Rules Committee has delayed the introduction of the bill until April 2018 due to the need to ensure that the County Courts IT infrastructure can handle the electronic filing of costs.

The change is to encourage efficient production of bills and Lord Justice Jackson has made the recommendation that firms review their time recording systems so that...

County Court Work Increasing

Posted by on October 10th 2017 in Blog Posts

Figures from the Ministry of Justice reveal that there has been an increase in all work at the County Courts between January to March 2017.

The rise has been down to an increase of personal injury cases which were up by 10% and a rise of specified money claims which were up by 22%.  In the first quarter of 2017 over half a million claims were lodged at the County Courts, making it the highest figure since 2009!

The Ministry of Justice findings in the quarterly statistical update showed that where matters were defended, 56% had legal representation for both claimant and...

New CNG Form For Land Registry

Posted by on October 4th 2017 in Blog Posts, Property

New CNG Form For Land Registry

The Land Registry has introduced a form (form CNG) to enable the registered proprietor of a property to update their name on the register following a change of gender. There is no cost for making the application however the form must be accompanied by some form of evidence – a gender recognition certificate, new birth certificate or a UK medical practitioner’s letter. If the proprietors chosen evidence is the practitioner’s letter then it must confirm that they have lived in their new gender for two years and are now known as the name specified on the form.   There are procedural...

No Duty To Point Out Other Sides Mistake

Posted by on October 4th 2017 in Blog Posts

No Duty To Point Out Other Sides Mistake

In Higgins & Ors v ERC Accountants & Business Advisers Ltd the Claimant had failed to validly serve a claim form with their claim. 

The Claimant’s solicitors argued that the defendants were taking advantage of the mistake that had been made.

Judge Pelling QC held that the mistake of not serving the claim form was not a trivial and described it as the most basic step in ligation.  Judge Pelling rejected the argument that the defendant solicitors should have pointed out the mistake and were under no duty to correct the error.  In his view, had they pointed out the error they...

What Can You Do If Your Flight Is Cancelled By Ryanair?

Posted by on September 28th 2017 in Blog Posts

What Can You Do If Your Flight Is Cancelled By Ryanair?

Ryanair has recently announced that hundreds of flights are being cancelled between mid-September and October leaving as many as 400,000 passengers without flights, due to issue with the lack of planning of pilot holidays.

What can you do if your flight is cancelled?

You can apply for a refund

You are able to apply for a refund if your journey is disrupted by a cancellation even if it is only the outbound trip that is affected.

You can choose an alternative flight

Ryanair has stated that that in most cases it will offer an alternative flight either earlier or late than...

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