News
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Case Report - Can an employee who initiates settlement negotiations still claim constructive dismissal?
The High Court has recently held that an employee's willingness to negotiate a termination package does not prevent a claim of constructive dismissal. Facts Mr Gibbs was…
Posted on 1 June, 2016 by Ortolan
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Immigration Bill Receives Royal Assent - Employment aspects
On 12 May 2016, the Immigration Bill received Royal Assent and became the Immigration Act 2016. The Act will give effect to a number of government commitments that are…
Posted on 1 June, 2016 by Ortolan
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Commercial Property - the duty to manage asbestos
An owner of commercial property has a legal duty to manage asbestos at their premises under the Control of Asbestos Regulations 2012. If you are responsible for…
Posted on 1 June, 2016 by Ortolan
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Serving Notices - Sticking to the letter of the law
In landlord and tenant law, whether a notice has been validly served is often a technical issue but can have serious financial consequences. In a recent case the Court looked…
Posted on 1 June, 2016 by Ortolan
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Due Diligence After BHS - Time to review when and how businesses conduct due diligence
The ongoing Parliamentary investigation into the failed retailer BHS has thrown the spotlight onto the often misunderstood process of due diligence. It’s something…
Posted on 1 June, 2016 by Ortolan
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Civil Procedure Rules - April's amendments
Amendments to the Civil Procedure Rules coming in this April include, among others, changes to the costs management process and centralising applications for charging orders,…
Posted on 28 March, 2016 by Ortolan
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Tenant In Rent Arrears - What re the landlord's options?
Where the tenant is failing to pay the rent and any other sums due under a lease, there are a number of options the landlord can pursue to remedy the breach and recover…
Posted on 28 March, 2016 by Ortolan
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Release Clauses - £70 million negligence claim caught by a full and final settlement agreement
When compromising a dispute or litigation it is common for the parties to agree to a full and final settlement and include a release clause in the settlement agreement. Release…
Posted on 28 March, 2016 by Ortolan
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Limiting And Excluding Liability In Commercial Contracts - Court of Appeal breathes a little life into an old rule
Commercial contracts will generally include provisions seeking to limit or exclude the liability of one party to the other. Typically, we will see caps on overall liability…
Posted on 28 March, 2016 by Ortolan
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Discontinuing Childcare Vouchers During Maternity Leave - Discriminatory?
Women on maternity leave are entitled to non-pay benefits pursuant to the Maternity and Parental Leave Regulations 1999 (‘MPL’). Following HMRC guidance that contractual…
Posted on 28 March, 2016 by Ortolan
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Bribery Act - First conviction under the Corporate Offence
Sweett Group Plc has become the first corporate conviction under the Bribery Act 2010 for failing to prevent bribery.Sweett Group, a construction and professional services…
Posted on 28 March, 2016 by Ortolan
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"Pulling A Sickie" - The repercussions
The Employment Appeal Tribunal (the ‘EAT’) has held that 'pulling a sickie' is dishonest and a fundamental breach of contract.This serves as a good reminder that employers…
Posted on 28 March, 2016 by Ortolan
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Modern Slavery - Having an effect for SMEs
Contrary to expectations, SMEs are finding that they are affected by the Modern Slavery (Transparency in Supply Chain) provisions because they are required to give assurances…
Posted on 28 February, 2016 by Ortolan
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The EU-US Privacy Shield - A suitable replacement for safe harbour?
In October we reported that the ECJ had ruled the Safe Harbour agreement to be invalid. Following the ruling discussions have been taking place between the EU and US with a…
Posted on 28 February, 2016 by Ortolan
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Right To Rent Checks Introduced - Government's on-going reforms to the immigration system
From 1 February 2016 private landlords in England have to carry out right to rent checks on prospective tenants and other authorised occupiers when granting a tenancy. Those…
Posted on 28 February, 2016 by Ortolan