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The Government has announced that it intends to levy fines of up to £500,000 (yes, £1/2 million) for serious breaches of the Data Protection Act 1998 (DPA). Worrying as that may be for businesses, a recently-launched consultation could have a...
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The Court of Appeal has ruled ( Wilson v Health and Safety Executive ) on the correct approach to objective justification in equal pay claims that arise from service-related pay schemes which have a disparate impact on women compared with men. Mrs Wilson...
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Following an evaluation of the impact of the Licensing Act 2003 , the Department for Culture, Media and Sport announced earlier this year that it would be introducing a card alert scheme designed to give licensing authorities which choose to adopt it a new...
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In a recent case, the courts had to consider the legality of a commercial arrangement undertaken by a bank with a company, the effect of which was to allow the company to ‘stand in its shoes’ with regard to a commercial lease. At issue was...
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The Employment Appeal Tribunal (EAT) has handed down a far-reaching judgment in the long-running case of Coleman v Attridge Law , which concerns the interpretation of the EU Equal Treatment Framework Directive and its impact on disability legislation in the...
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Employers are reminded that the Government’s new ‘fit note’ regime is due to replace the current system, whereby doctors issue hand-written sick notes, from 6 April 2010. Under the new system, a doctor will provide a patient who is off...
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If you enter into a business contract in good faith and it subsequently transpires that the contract was incorrectly authorised or otherwise invalid from the perspective of the other party’s internal regulations, where do you stand? Two recent cases...
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With many companies suffering from the effects of the recession, business owners looking for an exit are thick on the ground. One problem those in this situation face is that if their business is in a fairly weak financial position, it is difficult to take a...
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Recent allegations of bullying within 10 Downing Street have raised the profile of a subject which receives relatively little coverage outside the employment tribunals, in spite of widespread prevalence in the workplace. Workplace bullying is not only...
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It is common for a contract to be written so that if one party to it becomes insolvent the contract ceases, but when the contract relates to the creation of something of value to both parties and this is jointly owned, the situation can become more...
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If a landlord has concealed or misrepresented facts, it can be ordered to pay a departing commercial tenant compensation for any damages or loss sustained by the tenant that arise as a result of having to quit the premises. The legislation bringing this...
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The Companies Act 2006 is, at 761 pages, the longest Act of Parliament in British history and was only fully implemented in October. However, changes are already afoot! Apparently, the sections of the Act which require disclosure of share capital (the...
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The EU Working Time Directive lays down minimum health and safety requirements for the organisation of working time. The purpose of the entitlement to paid annual leave is to enable a worker to rest and to enjoy a period of relaxation and leisure. The...
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Traders which supply insurance contracts on products where the policies are underwritten by insurance companies should take note of a little-reported decision of the court. It involved Homeserve, which supplies insurance contracts to householders on behalf...
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There has been confusion about some of the changes in company law brought in by the Companies Act 2006 , which was fully implemented on 1 October 2009. One of the more beneficial changes for companies wishing to reorganise their share capital (perhaps...
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A recent case illustrates how complex building disputes can become when there are changes ‘on the fly’ to the work being carried out and the related paperwork does not keep pace. In the case in point, a contractor’s contract to fit out a...
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New guidance giving practical advice to businesses and employees on preventing workplace harassment and violence has been published following European level agreement between employer and trade union organisations on the necessity of raising awareness of...
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Insurers often try to give themselves ‘wiggle room’ to contest claims, which is one reason why they put so many questions in proposal forms. Over the years, the courts have established that where such a question is ambiguous, the legal...
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Many people think that making use of images from the Internet is allowed and that such images are free for anyone to use. However, unless the owner of an image has specifically granted a public right of use, it is copyright and the owner may sue for breach...
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The Government has accepted in full the recommendations of the Migration Advisory Committee (MAC) for a revised shortage occupation list for Tier 2 of the points-based system of immigration. The new list applies to all certificates of sponsorship assigned on...
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Most businesses that fail do not fail because they are not profitable. They fail because they have negative cash-flow. Cash is king. The ‘upswing’ phase when the economy is recovering is the most dangerous time of all for most businesses. ...
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Small items of high value have always represented a major problem for HM Revenue and Customs (HMRC), since they are the favoured means by which criminals commit a simple VAT fraud. In essence, the fraud works by producing evidence that goods have been...
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The Office of Fair Trading (OFT) has announced that it has levied fines totalling more than £39 million on recruitment agencies operating in the construction sector for breaches of the Competition Act 1998 . The agencies involved agreed to boycott...
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The publicity surrounding the imposition of a fine of £5,000 on Baroness Scotland, the Attorney General, for a breach of immigration law is a reminder to employers of the need to have systems in place to demonstrate compliance with the laws preventing...
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Under the Landlord and Tenant Act 1954 (LTA), a tenant normally has the right to renewal of a lease on commercial premises unless the landlord requires occupation of the premises for its own purposes, which may include the purpose of redeveloping the site....
