News
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IR35 status: when is an employee really a “self employed star”?
Businesses are likely to face difficulties determining the IR35 status of contractors who use limited companies when new regulations are in force from April 2020. As this…
Posted on 28 March, 2019 by Ortolan
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Caution should be exercised when carrying out dismissals before or after a TUPE transfer
A recent Court of Appeal case again reminds employers that care should be taken when dismissing an employee in circumstances which could be seen to be connected to a TUPE…
Posted on 28 March, 2019 by Ortolan
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Enforcement of Tomlin order is subject to six year limitation period
In the recent case of Bostani and others v Pieper and another [2019] EWHC 547 (Comm) (4 March 2019) the Commercial Court has held that the enforcement of a Tomlin Order is…
Posted on 28 March, 2019 by Ortolan
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Repudiation of contract for breach of implied term to cooperate
Repudiation of a contract usually relates to an allegation that a breach of contract is so serious that it amounts to a breach of a fundamental term or, put another way, that…
Posted on 28 March, 2019 by Ortolan
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Breaking up is hard to do: the effect on English insolvency law of a no-deal Brexit
At the time of writing, the UK has 2 days before it leaves the EU on 29 March 2019. Of course, that is looking fairly unlikely at the moment, but by the time I’ve…
Posted on 28 March, 2019 by Ortolan
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Employers to ensure positive action is lawful
A police force using "positive action" to recruit people with different characteristics has been held to be using it in a discriminatory way, in the first case of its kind in…
Posted on 6 March, 2019 by Ortolan
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Stamp Duty Land Tax - submission deadline reduction now in force
New payment timings now apply to Stamp Duty Land Tax (“SDLT”) payments with an effective transaction date of 1 March 2019. SDLT is the tax which is payable to HMRC on the…
Posted on 6 March, 2019 by Ortolan
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New guidance published by ACAS on age discrimination for employers
Employers, managers, HR professionals, employees, employee/trade union representatives and job applicants can find new guidance on age discrimination in a new publication by…
Posted on 6 March, 2019 by Ortolan
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Is failure to enhance shared parental pay discriminatory towards men?
Capita Customer Management Ltd v Ali and another UKEAT/0161/17 Shared parental leave has not been considered as popular as expected, nor made the sort of impact that the…
Posted on 6 March, 2019 by Ortolan
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National minimum wage for sleep-in care workers
Royal Mencap Society v Tomlinson-Blake; Shannon v Rampersad (t/a Clifton House Residential Home) [2018] EWCA Civ 1641 This is one of the most controversial employment law…
Posted on 6 March, 2019 by Ortolan
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Is it time to learn to ‘speak’ emoji?
An article in last week’s Times (22 February 2019 “Lawyers call for judges to learn emojis”) suggested that the judiciary need to learn to interpret emojis in order to…
Posted on 6 March, 2019 by Ortolan
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The Essential Elements of a Contract
The Essential Elements of a Contract - Failing to state trigger for payment was not fatal. The Supreme Court has upheld the existence of a contract between an estate agent…
Posted on 6 March, 2019 by Ortolan
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Businesses should have open and clear complaints policy
A clear complaints policy has always been best practice but recent high profile cases are showing the implications, both financial and reputational, if this is not the…
Posted on 5 February, 2019 by Ortolan
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Failure to abide by strict procedural requirements of CIL regulations can have severe financial penalties
In Shropshire Council v Secretary of State for the Communities and Local Government [2019] EWHC 16 (Admin) the High Court has confirmed that the Community Infrastructure Levy…
Posted on 5 February, 2019 by Ortolan
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Broadly similar roles in different parts of the same business are comparable for the purposes of the Equal Pay Act 2010
The Court of Appeal has confirmed that jobs in different parts of the same business can be compared for the purposes of the Equal Pay Act 2010. This decision will be of…
Posted on 5 February, 2019 by Ortolan