News
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Employers to ensure positive action is lawful
A police force using "positive action" to recruit people with different characteristics has been held to be using it in a discriminatory way, in the first case of its kind in…
Posted on 6 March, 2019 by Ortolan
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Stamp Duty Land Tax - submission deadline reduction now in force
New payment timings now apply to Stamp Duty Land Tax (“SDLT”) payments with an effective transaction date of 1 March 2019. SDLT is the tax which is payable to HMRC on the…
Posted on 6 March, 2019 by Ortolan
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New guidance published by ACAS on age discrimination for employers
Employers, managers, HR professionals, employees, employee/trade union representatives and job applicants can find new guidance on age discrimination in a new publication by…
Posted on 6 March, 2019 by Ortolan
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Is failure to enhance shared parental pay discriminatory towards men?
Capita Customer Management Ltd v Ali and another UKEAT/0161/17 Shared parental leave has not been considered as popular as expected, nor made the sort of impact that the…
Posted on 6 March, 2019 by Ortolan
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National minimum wage for sleep-in care workers
Royal Mencap Society v Tomlinson-Blake; Shannon v Rampersad (t/a Clifton House Residential Home) [2018] EWCA Civ 1641 This is one of the most controversial employment law…
Posted on 6 March, 2019 by Ortolan
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Is it time to learn to ‘speak’ emoji?
An article in last week’s Times (22 February 2019 “Lawyers call for judges to learn emojis”) suggested that the judiciary need to learn to interpret emojis in order to…
Posted on 6 March, 2019 by Ortolan
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The Essential Elements of a Contract
The Essential Elements of a Contract - Failing to state trigger for payment was not fatal. The Supreme Court has upheld the existence of a contract between an estate agent…
Posted on 6 March, 2019 by Ortolan
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Businesses should have open and clear complaints policy
A clear complaints policy has always been best practice but recent high profile cases are showing the implications, both financial and reputational, if this is not the…
Posted on 5 February, 2019 by Ortolan
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Failure to abide by strict procedural requirements of CIL regulations can have severe financial penalties
In Shropshire Council v Secretary of State for the Communities and Local Government [2019] EWHC 16 (Admin) the High Court has confirmed that the Community Infrastructure Levy…
Posted on 5 February, 2019 by Ortolan
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Broadly similar roles in different parts of the same business are comparable for the purposes of the Equal Pay Act 2010
The Court of Appeal has confirmed that jobs in different parts of the same business can be compared for the purposes of the Equal Pay Act 2010. This decision will be of…
Posted on 5 February, 2019 by Ortolan
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Relief for Defamation only available when action started where injured party has its “centre of interests”
The term "defamation" concerns the publication of material that adversely affects a person's reputation. Whilst there is no single, definitive judicial…
Posted on 5 February, 2019 by Ortolan
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It was just office banter…..
Case review: Evans v Xactly Corporation Ltd UKEAT/0128/18In this case the Tribunal held that background context is key, and a culture of “banter” can, in the right…
Posted on 5 February, 2019 by Ortolan
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How does a lease qualify for security of tenure?
If Part II of the Landlord and Tenant Act 1954 (LTA 1954) applies to a tenancy, the tenant will have a statutory right to renew its tenancy at the end of the…
Posted on 5 February, 2019 by Ortolan
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New reporting regulations are now effective
The Companies (Miscellaneous Reporting) Regulations 2018 came into force on 1 January 2019 requiring various additional reporting requirements for financial years beginning on…
Posted on 5 February, 2019 by Ortolan
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What next for the high street and housing delivery?
Government has just finished consulting on measures to expand permitted development rights and tweak use classes with the aim of “support[ing] the creation of new businesses…
Posted on 5 February, 2019 by Ortolan