No, said the Employment Appeal Tribunal in the recent case of Phoenix House Ltd v Stockman and another. The ACAS Code on Disciplinary and Grievance Procedures expressly states that it applies to dismissals relating to misconduct or poor performance, but not to redundancy situations or non-renewal of fixed term contracts. Read more…
A landmark case has just been decided that tested the boundaries of tenants’ human rights. In this month’s column, we explain what it means for landlords… Last month, the Supreme Court was asked to consider if a possession order granted to a private landlord was in breach of his tenant’s Read more…
I have recently settled a claim on behalf of a client against a well-known supermarket. The client worked at the store and slipped over due to water which had leaked from a freezer. The client sustained a fracture to her shoulder which affected her significantly. Despite an initial denial of Read more…
We now have an interesting case on how the Tribunals should approach “protected conversations” under section 111A of the Employment Rights Act 1996, and how this might differ from the traditional approach to without prejudice discussions. Since 29 July 2013 s.111A has rendered evidence of pre-termination negotiations inadmissible in unfair Read more…
Employers are aware that they are under a duty to make reasonable adjustments where a provision criterion or practice (PCP) puts a disabled employee at a substantial disadvantage compared with non-disabled employees. The recent EAT case of Carreras v United First Partnership Research shows that even an expectation or an Read more…
All landlords know they need to warn tenants if they want them to leave. In this month’s column, we explain what constitutes serving notice effectively… My tenants are claiming they have not received the official notice I sent requesting they vacate my property. What should I do? One of the Read more…
Recent media reports have highlighted the sharp rise in people making Lasting Powers of Attorney and the prolonged time it takes the Office of the Public Guardian to register them. These legal documents set out your wishes in the event you lose mental capacity, in respect of financial and medical Read more…
With the upcoming referendum now less than a month away (taking place on 23 June 2016), what are the potential implications for UK Employment Law of an exit from the EU and how much of the media coverage is fact or fiction? It is fair to say that there has Read more…
Leases can no longer be validly assigned to a tenant’s guarantor. The High Court has made this clear in EMI Group Limited v O & H Q1 Limited. The practical implication of this is that an assignment to a guarantor is void and therefore where a lease has been assigned Read more…
Before the concept of “service provision changes” was introduced into TUPE in 2006, the case law had developed over many years in relation to “traditional” business transfers. This included consideration of tricky issues such as whether a temporary cessation of the business is sufficient to prevent TUPE applying and whether Read more…