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Latest Legal News
Employers must balance employees' rights to express religious beliefs and the rights of others
Employers must balance employees' freedom to express their religion in the workplace and the rights and interests of others when deciding whether to stop employees expressing their religion through, for example, wearing religious symbols. British Airways (BA) stopped an employee wearing a visible but small silver cross with her uniform...
Employers' investigations into allegations of serious dishonesty must be careful and thorough
Employers investigating allegations of serious dishonesty against an employee should do so carefully and thoroughly, collecting and considering all reasonably available evidence, or risk losing an unfair dismissal claim. An airport employee in a position of trust was accused of dishonestly taking goods from a duty-free shop without paying...
Property owners, occupiers, tradespeople - and the Government's Green Deal
Property owners, occupiers and the building trade can now potentially reduce their energy bills under the coalition Government's new 'Green Deal', designed to fund energy-saving improvements for domestic and non-domestic property owners and occupiers. Under the scheme, an owner or occupier's costs of making energy efficiency improvements are funded by a Green Deal 'Provider'...
Companies can now benefit from corporation tax reductions on patent income
The Patent Box scheme, a preferential tax regime for income arising from qualifying patents, means companies generating income from their qualifying patents can significantly reduce their corporation tax liability. Under the scheme, being phased in from 1 April 2013, companies with income attributable to qualifying patents which they own or have an exclusive licence to commercialise will only pay 10 per cent corporation tax on that income, rather than the much higher standard rates...
Court clarifies when warranties are not representations on sale of shares
A buyer of a company's shares unsuccessfully claimed that breach of a warranty given by the sellers also amounted to a misrepresentation, entitling it to far higher compensation. After acquiring the entire issued share capital of Gissings, the buyer (Sycamore) claimed that Gissing's pre-acquisition audited accounts contained errors...
Employers must take reasonable steps to contact employees on important matters, despite contract terms
Employers must take reasonable steps to contact employees about important matters, even if it is the employee's fault the employer does not have a current address. Failure to notify the new address is in breach of the employee's contract of employment...
Changes to Energy Performance Certificates and introduction of air conditioning reports
Landlords and managing agents of properties in England & Wales should ensure they comply with revised rules on Energy Performance Certificates (EPCs) for commercial and public sector buildings, and new rules requiring air conditioning inspections. The rules governing EPCs (certificates that rate a building's energy performance for potential buyers or tenants of commercial and public sector properties) have changed: Adverts for the sale or lease of such properties must now include details of their EPC ratings...
Court gives guidance on enforceability of non-compete clauses in commercial agreements
The High Court has given guidance on the factors to take into account when deciding whether non-compete clauses in a share sale agreement (or other commercial agreement) are reasonable and therefore enforceable. A minority shareholder (the buyer) bought more shares in a company from the other shareholders (the sellers), so held a majority stake...
Have your say: Proposed TUPE changes
Employers are invited to comment on Government proposals for radical changes to the TUPE rules, designed to protect employees in certain circumstances when a business or undertaking for which they work is transferred from their current employer to a new one...
Employers must consider what employees cannot do when deciding whether or not they are disabled
Employers should take into account activities an employee is not able to carry out, and not concentrate solely on what they can do, when deciding whether the employee is disabled or not. If they fail to do so, they risk a disability discrimination claim...
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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 >