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Gender Pay Gap Reporting: What Companies Need to Know

Posted by on July 21st 2017 in Blog Posts, Employment

Gender Pay Gap Reporting: What Companies Need to Know

In recent news; Emma Stone shone a light on the difference in pay between actors and actresses, and the BBC released a list of their highest paid male and female earners.

Because of this large companies will be considering the reputational impact the release of such information will have on their businesses.

The Gender Pay Gap Regulations 2017, mean employers in the private, public and voluntary sector with 250 or more employees will be required to publish their “gender pay gap” by April 2018. 

Companies will have to publish a number of calculations to both their website and a government website, which...

Thakkar Reminder to Mediate

Posted by on July 13th 2017 in Blog Posts

Thakkar Reminder to Mediate

Thakkar –v- Patel [2017] EWCA Civ 117; a reminder of the cost consequences where there is a failure to mediate

It is known that the courts have a wide discretion on what costs orders to make during proceedings and after trial. Ordinarily, the successful party will recover its costs, however as the recent case of Thakkar –v- Patel [2017] EWCA Civ 117 (‘Thakkar’) reiterates, the importance of Alternative Dispute Resolution (‘ADR’) should not be underestimated as in certain circumstances even an unjustified delay to engage in ADR can result in successful parties having a cost order made against them!

In 2013,...

Residential Landlords - What You Should Check Before You Let

Posted by on July 5th 2017 in Blog Posts, Property

 

Due to the introduction of the Immigration Acts 2014 and 2016, statutory provisions have been introduced requiring residential landlords to check the immigration status of prospective tenants before letting out their property for use as their only or main home. If the immigration status is not checked, the landlord could face a fine of up to £3,000 or a prison term of up to 5 years.

What are the requirements?

  • Immigration status of the tenant and all adult occupiers of the property need to be checked to ensure that their status allows them to be in...

The Rise of Property Fraud - How Can Home Owners Protect Themselves?

Posted by on July 5th 2017 in Blog Posts, Commercial Property , Property

The Rise of Property Fraud - How Can Home Owners Protect Themselves?

During the last few years, the real estate sector has seen a rise in property fraud.  Property is usually the most valuable asset people own and it is a clear target for fraudsters who could attempt to sell or mortgage a home.  The rise of fraud has mostly been down to identity theft with devastating effects.

You are more at risk if:

  • You rent out your property
  • You live overseas
  • Your property is left empty for long periods
  • Your property isn’t mortgaged
  • Your property is not registered

In order to protect your property from being fraudulently sold or mortgaged, the following steps should be taken, even if...

Notice to Quit: The Devil Really is in the Detail

Posted by on July 3rd 2017 in Blog Posts, Conveyancing

Notice to Quit: The Devil Really is in the Detail

The first few pages of a properly drafted lease should identify the address of the parties, and include express provision for the service and deemed service of notices, including where notices must be served.  One would imagine in a lease that did not contain express words to the contrary, that it would not be unreasonable to use the addresses detailed in the lease to contact the parties.  What address however should be used if you do know of an alternative address?  This was the question that faced the Court of Appeal in  Grimes v The Trustees of the Essex Farmers...

Solar Panels - One Legal Pitfall!

Posted by on June 30th 2017 in Blog Posts, Commercial Property

Solar Panels - One Legal Pitfall!

The Landlord and Tenant Act 1954 (“the 54 Act”) confers security of tenure on business leases.  Security of tenure - the right of a tenant to continue to occupy premises after the lease has expired and to renew the lease, is an obvious benefit for a tenant. In the context of roof space leases, the question is posed whether such a grant could confer security under the 54 Act?

In order to benefit from the provisions of the 54 Act, a lease for solar panels must be a “business lease”. The 54 Act defines a lease as a business lease if...

The March of the Pop Up

Posted by on June 21st 2017 in Blog Posts, Commercial Property

The March of the Pop Up

We have witnessed an unprecedented change to the high street scene. The recession saw off Woolworths, MFI, Austin Reed, BHS to name a few of the old stalwarts.  Changes in technology and habits have seen to the loss of Blockbuster, HMV and smaller independent operators, to produce a homogenous and boringly predictable retail offering up and down the high street. 

In their wake we have witnessed a proliferation of charity shops, surviving by minimising base cost, enjoying tax breaks and stripped down staffing costs.  The over supply (or rather poor demand for high street retail positions) has also seen the emergence...

Can Paying For Your Purchasers Fees Reduce Your Capital Gains Liability?

Posted by on June 15th 2017 in Blog Posts, Property

When calculating your capital gains liability there are certain costs that are deductable under S38(1) of the Taxation of Chargeable Gains Act 1992. The following items can be deducted from your gain:-

  • The original acquisition value;
  • The value of enhancing the asset;
  • The value of establishing, preserving or defending the title and right over the asset; and
  • The incidental costs of the disposal

When you deduct all of the above from the sale price you are left with the gain which is then subject to capital gains tax.

Incidental costs of disposal include certain costs of the vendor i.e. legal fees etc; however the First Tribunal...

Whistleblowing is belief whether a disclosure protected important?

Posted by on June 1st 2017 in Blog Posts, Employment

Whistleblowing is belief whether a disclosure protected important?

Case Report - Beatt v Croydon Health Services NHS Trust [2017] EWCA Civ 401

Background:

In this case the Court of Appeal held that in a case concerning a whistleblowing dismissal, it does not matter if the employer genuinely believed that a disclosure was not protected. If the disclosure satisfies the objective test set out in Part IVA of the Employment Rights Act 1996, then it is a protected disclosure. To recap, the test relating to a protected disclosure (in brief) is as follows:

  1. It must be a qualifying disclosure. In order to be qualifying, the employee must have the reasonable...

Guardianship (Missing Persons) Act 2017 Claudia Law receives Royal assent

Posted by on May 31st 2017 in Blog Posts

Guardianship (Missing Persons) Act 2017 Claudia Law receives Royal assent

The Guardianship (Missing persons) Act 2017 received royal assent on the 27th April 2017 .

This new act aptly nicknamed ‘Claudia’s Law’ arose from the case of Claudia Lawrence who disappeared on her way to work at the University of York in 2009. Her family tirelessly campaigned for legislation that would alleviate some of the stress endured by the families of missing persons.

It is estimated that 1% of the 250,000 people who go missing from the UK every year remain missing for more than a year.

Families not only have to deal with the trauma and stress of missing their loved one,...

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