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Employers must be proactive over reasonable adjustments for disabled employees
28 Oct 2014
Employers should be proactive when deciding what reasonable adjustments to make for disabled employees or disabled candidates for jobs, particularly when they have problems contacting employees who are off work...

UK design law changes come into force
28 Oct 2014
Owners of existing UK and Community designs, and creators of new designs, should note changes to the laws governing UK registered and unregistered designs that came into force on 1 October 2014...

Contract clauses allowing termination at will limits compensation for breach
27 Oct 2014
Parties to contracts that allow termination at will should be aware this may significantly limit the compensation they can recover if there is a breach of the contract, following a High Court ruling...

Company making 'groundless threat' in patent dispute must pay compensation
24 Oct 2014
Companies claiming their intellectual property rights have been infringed should beware what they say to the infringer, or third parties such as customers or distributors, as they may inadvertently make 'groundless' threats and have to pay compensation...

Employer liable for losses caused by unauthorised customer reference
23 Oct 2014
An employer whose employee gave a customer reference without authority to do so has been held liable for losses caused to a third party because it was negligent....

Court's approach to business lease renewal term clarified
22 Oct 2014
Landlords and tenants asking for business lease renewals face more of a balancing exercise by the courts, meaning some tenants may end up with longer terms than they applied for, following a recent ruling...

Long-established contractor can be 'worker' entitled to holiday pay
21 Oct 2014
A business using sub-contractors over many years may find the sub-contractors are 'workers' entitled to holiday pay and other employment law rights...

What to do if your tenant fails to remove its property following expiry/termination of lease
08 Oct 2014
In circumstances where your tenant vacates, whether by way of an agreed surrender or following a possession order being granted, the case of Campbell v Redstone Mortgages Ltd [2014] EWHC 3081 has provided some clarification as to how you should deal with any property your tenant leaves behind.

New System of Shared Parental Leave – 2015
06 Oct 2014
Employers need to be alive to a new system of statutory parental rights which will be applicable to employees and agency workers from January 2015...

Court gives guidance on when expert's valuation is binding
06 Oct 2014
A company that asked an expert to value shares it was buying back from an outgoing director could not automatically set the valuation aside because the expert made mistakes in law, the Court of Appeal has ruled...

Commercial rent arrears recovery (CRAR)
03 Oct 2014
Despite coming into force in April this year, there are still some commercial landlords that aren’t aware of the changes relating to the recovery of rent arrears from their tenants...

Patent owners can mark products with web address and safeguard compensation rights
03 Oct 2014
Patent owners can benefit from new rules allowing them to mark their products with a web address of a page giving details of the patent, rather than setting out the details on the product itself.

Thank you
01 Oct 2014
Thank you to everyone who came along to our coffee morning last month. Thanks to your generous support we raised over £920 for Macmillan Cancer Support...

Sewer Worker Fairly Sacked for Health and Safety Breaches
30 Sep 2014
In cases of unfair dismissal, if the Employment Tribunal (ET) accepts that the employee's dismissal took place for one of the potentially fair reasons for dismissal and a fair procedure was followed, the test becomes whether or not the employer's decision...

ICO Issues New 'Must Do' Data Protection Guide
29 Sep 2014
The Information Commissioner's Office (ICO) has published a new guide to protecting personal data, 'Protecting personal data in online services: learning from the mistakes of others', which it describes as outlining the procedures organisations...

Landmark Rights of Way Victory for Private Landowners
29 Sep 2014
In a decision which represents a landmark victory for private landowners – and a serious blow to open countryside campaigners – the High Court has ruled that 19th Century officials who purported to create public rights of way under an 1801 Act...

Presumption of Death Act Delayed
28 Sep 2014
The proposals aimed at providing a better system to enable the family of someone who has been missing for a long period of time to have that person declared 'presumed dead', so that their affairs can be dealt with, were expected to lead to legislation...

Too Late to Challenge Whistleblower's Good Faith
27 Sep 2014
Under Section 47B of the Employment Rights Act 1996 (ERA), a worker has the right not to be subjected to unwanted treatment amounting to a detriment by their employer because the worker has made a protected disclosure under the Public Interest...

In Brief - New Guide to the Technology and Construction Court
25 Sep 2014
The Technology and Construction Court (TCC) has issued updated guidance to assist those engaged in litigation bound for the TCC. This takes into account developments in case law and regulatory changes introduced in recent years designed to...

Nurse Who Left Patient in Pain Fairly Dismissed
24 Sep 2014
In a case which underlined that the fairness of disciplinary proceedings is an entirely separate matter to mitigation, the Employment Appeal Tribunal (EAT) has ruled that a nurse who failed to give a patient pain-relieving medication on time was fairly...

Court of Appeal Invalidates Club Elections
23 Sep 2014
When an organisation fails to follow its own rules, the result can be the nullification of decisions taken and, in appropriate circumstances, those who have transgressed the rules can be liable for their mistakes. Recently, the Court of Appeal was called upon...

Commercial Contract Survives Businessman's Death
22 Sep 2014
The death of one of the parties to a contract does not necessarily render it unenforceable, as was illustrated by a case in which the executor of a deceased businessman's estate succeeded in a £200,000 breach of contract claim against the...

Overstayer Not Obliged to Observe Notice Period
21 Sep 2014
In tackling the often thorny problem of distinguishing between tenancies at will and protected periodic tenancies, the Court of Appeal has ruled that a tenant who stayed on after the expiry of his lease was not obliged to give six months' notice before ceasing...

Unison's Legal Challenge to Tribunal Fees Goes to Appeal
20 Sep 2014
Following the introduction of Employment Tribunal (ET) fees in July 2013, the UK's largest public service trade union, Unison, supported by the Equality and Human Rights Commission, brought judicial review proceedings challenging the lawfulness of the new regime...

Stay-at-Home Husband in £11 Million Divorce Dispute
20 Sep 2014
A stay-at-home husband who claims that he sacrificed his own career on the altar of his investment banker wife's ambition has triumphed in a crucial round of their £11 million divorce battle, after the Court of Appeal accepted that he was 'habitually...