News
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Case Review - Dismissal automatically unfair despite decision-maker not being aware of protected disclosures
The EAT has recently held that an employee was automatically unfairly dismissed for making protected disclosures even though the person who dismissed her was unaware of those…
Posted on 3 August, 2016 by Ortolan
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Goodbye Annual Return - Hello Confirmation Statement
From 30 June 2016 the requirement to file an Annual Return at Companies House has been replaced with the requirement to file a Confirmation Statement within 14 days of the end…
Posted on 3 August, 2016 by Ortolan
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Data Protection - EU-US Privacy Shield adopted by European Commission
The European Commission has adopted an adequacy decision approving the Privacy Shield framework for EU-US transfers of personal data. In October 2015 we reported that the…
Posted on 3 August, 2016 by Ortolan
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Racehorses And Crude Oil - Court of Appeal provides guidance on damages for deceit
Here’s a legal conundrum for you; If you bought a racehorse from a dealer who promised you it had been thoroughly vetted and was physically sound, but in fact the dealer knew…
Posted on 3 August, 2016 by Ortolan
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Litigation Risk - And other factors to consider when deciding to sue
If you’ve ever been involved with a dispute or litigation, the chances are that your solicitor has talked about taking into account the litigation risk. So, what is…
Posted on 5 July, 2016 by Ortolan
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Case Report - Tenant granted relief from forfeiture despite 14 months delay
In 1981 the tenant was granted a lease for 125 years of a commercial unit for a premium of £90,000. The tenant agreed to pay £100 in ground rent, insurance premiums and…
Posted on 5 July, 2016 by Ortolan
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Compensation For Business Tenants - An Overview
There are various areas in which business tenants are entitled to compensation from their landlord. This article will review the obligation to pay/right to receive compensation…
Posted on 5 July, 2016 by Ortolan
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Disability Discrimination - An expectation that an employee work long hours was a PCP
Under section 20(3) of the Equality Act 2010 (‘EA 2010’), an employer is obliged to make reasonable adjustments when there is a ‘provision criterion or practice’…
Posted on 5 July, 2016 by Ortolan
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Brexit - Identifying contracts at risk
The UK is still reeling from the vote to leave the EU and no one really knows what will happen next or how our relations with the EU will change. However, businesses should…
Posted on 5 July, 2016 by Ortolan
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Brexit - How to approach certain aspects of your commercial contracts
Rather like the protagonists on both sides of the Referendum debate, we can only speculate on the legal impact the Brexit decision will have for businesses. Despite the…
Posted on 5 July, 2016 by Ortolan
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New Case Law Search Engine - Available on e-Justice portal
The European Commission has launched a new case law search engine on the e-Justice Portal. The European Case Law Identifier allows users to more easily find case…
Posted on 1 June, 2016 by Ortolan
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Enterprise Act - Good news for small businesses
The Enterprise Act came into force on 4 May 2016. The Act deals with a range of Government commitments intended to support the growth of enterprise, including Sunday working…
Posted on 1 June, 2016 by Ortolan
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Fines For Term-Time Holidays Decision - What does it mean?
Headlines such as “Parents Can Take Their Children Out of School for Holidays’” are incredibly misleading. So, what is the situation after the recent High Court ruling on…
Posted on 1 June, 2016 by Ortolan
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Case Report - Can an employee who initiates settlement negotiations still claim constructive dismissal?
The High Court has recently held that an employee's willingness to negotiate a termination package does not prevent a claim of constructive dismissal. Facts Mr Gibbs was…
Posted on 1 June, 2016 by Ortolan
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Immigration Bill Receives Royal Assent - Employment aspects
On 12 May 2016, the Immigration Bill received Royal Assent and became the Immigration Act 2016. The Act will give effect to a number of government commitments that are…
Posted on 1 June, 2016 by Ortolan