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Latest Legal News
Businesses' potential liability to HSE 'Fees for Intervention' now clearer
Businesses can now assess the risk of having to pay Health & Safety Executive (HSE) fees if it intervenes in relation to their operations. The HSE has published the first two months' figures for its 'Fee for Intervention' scheme, introduced on 1 October 2012...
People whose names are not in a company's register are not shareholders
A person whose name was not in a company's register of shareholders could not exercise shareholder rights to block a change of company status from private to public, because he was not a shareholder. In a complicated dispute, one of the parties claimed to be a shareholder of a company on grounds the owner shown in the company's register of shareholders was in fact indirectly holding the shares on his behalf...
Have your say: Acas consults on proposed Code on Settlement Agreements
Employers can offer their views on Acas's proposed Code of Practice on Settlement Agreements. The Code is aimed at helping employers have discussions with employees in anticipation of a termination of their employment on the basis those discussions will not be revealed in court if they fail...
Employers and employees in discrimination cases usually have 'joint and several' liability
Claims against colleagues may increase following a recent ruling that liability for discrimination is usually 'joint and several' against employer and employees. This means an employee could recover 100 per cent of any award from fellow employees and or the employer...
Tenant not allowed to pay pro rata rent so break notice ineffective
Tenants trying to exercise a break clause in their leases before the end of a quarterly rent period should beware trying to pay only a pro rata part of that rent when it is demanded, or risk the break being ruled ineffective by the court...
Permanent right to use land can arise from use on odd occasions
Landowners should be alert to third parties crossing their land, including any physical evidence of use and even on odd occasions only, or risk the third party successfully claiming they have a legal right to do so. A farmer used a track over neighbouring land at least once a month from 1971 to 1988...
Court widens residential landlords' and agents' obligations to consult before works
Residential landlords and managing agents should consult with leaseholders in advance if total annual services charges per leaseholder from qualifying works could exceed £250. This includes where the charges arise from a number of different projects, the High Court has ruled...
Employer cannot 'undo' dismissal without employee's consent
An employer's decision to dismiss an employee for gross misconduct during an internal disciplinary procedure could not later be replaced with a lesser sanction on an internal appeal, without the employee's consent. An employee was dismissed for gross misconduct during an internal disciplinary procedure but, on appeal, his employer changed the penalty from dismissal to a final warning, a demotion and a change in the location where he worked...
Reasonableness of contract limitation clause can depend on insurance cover required
Businesses seeking to limit their liability for breaches in their commercial contracts should ensure the amount of the limit is proportionate to the amount of insurance cover they are required to hold under that contract. If it is not, they must be able to justify why not - or risk the limitation clause being unenforceable...
Employment law outlook for 2013
Employers are preparing for a raft of employment law changes in 2013. Read our guide to what to look out for this year ' and beyond. 1 February New, increased limits on compensation for unfair dismissal, redundancy and other employment law events introduced, effective where the redundancy, dismissal or other event giving rise to compensation occurs on or after 1st February...
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- Businesses beware as court implies duty of good faith into commercial contract >
- Employers should avoid discussing an employee's age and retirement unless circumstances justify it >
- Promises made during negotiations but not in final contract can still be enforceable >
- Residential landlord recovers majority of costs despite failure to consult over works >
- Guidance given on when employees can use secret recordings in employment claims >
- Employer can use using recruitment criteria when selecting for redundancy >
- Different policies can be applied to different employees to avoid discrimination >
- Have your say: restrictions on company and trading names >
- Businesses should check they comply with discrimination laws on access to their goods and services >
- Implied agency means sub-licence can survive termination of head licence >
- More Latest Legal News >