Legal Updates
Employment Tribunal claims – Employers ability to pay Print E-mail
Monday, 06 September 2010
In a recent case in the Employment Appeal Tribunal (Tao Herbs & Acupuncture Ltd v Mrs Y Jin), it
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A week’s pay – inclusive of discretionary bonus Print E-mail
Monday, 06 September 2010
In a recent case of CIBC v Beck there was an argument that a discretionary bonus should be included in the calculation of a ‘weeks pay’ for the purpose of calculating compensation. 
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Tribunal finds in favour of employer even through principles of natural justice appear to be missing Print E-mail
Monday, 06 September 2010
In the case of Bashir and Bashir v Sheffield Teaching Hospital NHS Foundation Trust, Mr and Mrs Bashir made grievances to NHS grievance panel
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Who is a worker? Print E-mail
Monday, 06 September 2010

In the case of Community Dental Centres Ltd v Sultan-Darmon, Dr G Sultan-Darmon, a dentist made a claim for unlawful deductions from his wages.

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Purchase schemes by salary sacrifice are VATable Print E-mail
Monday, 06 September 2010
The European Court of Justice has given a wide ruling that most schemes where employees can take salary sacrifice to receive beneficial vouchers eg retail vouchers attract VAT. 
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Complying with the Consumer Protection from Unfair Trading Regulations Print E-mail
Monday, 06 September 2010

As the third article we will look at some further Office of Fair Trading guidance on complying with these Regulations.

 

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Health and Safety and Disability Print E-mail
Thursday, 05 August 2010

The Health and Safety Executive (HSE) have produced information on their website drawing attention to the fact that ‘Health and Safety’ is sometimes used as an excuse for not employing someone with a disability when in fact it is unfounded.

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Employment Tribunal 3 month rule – effective date of termination Print E-mail
Thursday, 05 August 2010
In a recent case (Wedgewood v Minstergate Hull Ltd) an employee was allowed to leave work before his end of employment notice date.  When he started a claim at the Employment Tribunal it had gone more than three months past his last day ‘at work’. 
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Trade Mark infringement for competitor advertisements appearing from search engine abuse Print E-mail
Thursday, 05 August 2010

The European Court of Justice (ECJ) has ruled that companies can legally stop other companies using its trade marks when an internet user cannot easily tell which company is behind the advertisement.

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Complying with the Consumer Protection for Unfair Trading Regulations (CPRs) Print E-mail
Thursday, 05 August 2010

As the second article on this new chapter for second hand car dealers we will look at some of the practical steps given in the Office of Fair Trading guidance.

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Government to scrap Default Retirement Age of 65 Print E-mail
Thursday, 05 August 2010

The Government has announced it will scrap the 65 default retirement age from April 2011 to be phased in over six months until October 2011. 

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How heavy can you ‘lien’ on someone Print E-mail
Thursday, 05 August 2010

Vehicle repairers have a very useful tool in their armoury which can allow them, in certain circumstances to withhold the release of a vehicle if payment for the repair is not made.  This in legal jargon is called ‘exercising a lien’.

 

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The loneliness of the long distance internet trade sale Print E-mail
Thursday, 05 August 2010
We have recently come across a number of problems when dealers purchase cars on trade websites. 
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Second Client wins case against finance company claw backs Print E-mail
Friday, 16 July 2010

A second client has successfully defended a claim by Carlyle Finance seeking claw backs of commission. 

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Claim for compensation for stigma thrown out at Employment Tribunal Print E-mail
Friday, 16 July 2010

A recent case (Brown v Careham Hall) looked at the possibility of making a claim for an employee finding difficulty in getting new employment as a result of the stigma arising from dismissal.

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OFT Guidance for second hand car dealers Print E-mail
Friday, 16 July 2010

The OFT has published guidance on practical interpretation of: 

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Latest Employment Tribunal Statistics Print E-mail
Friday, 16 July 2010

The latest statistics for Employment Tribunals have just been published covering 2009/10. 

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Collective Agreements Print E-mail
Friday, 16 July 2010

For some clients there may be collective agreements for employees in place. 

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Health and Safety for young people Print E-mail
Friday, 16 July 2010
We are reaching the start of the summer holidays and employers are perhaps looking for/being pressured to employ young people. 
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Constructive dismissal by proxy? Print E-mail
Friday, 16 July 2010

In a recent case (Hunter v Timber Components (UK) Ltd a Director of the employer was intimidating and arrogant towards employees in general.

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PPI complaints – a growing concern for businesses Print E-mail
Tuesday, 08 June 2010

We have seen increasing numbers of clients receiving enquiries from businesses set up to deal with insurance – principally PPI (Payment Protection Insurance).  There is no point in shelving the enquiry into a bin and hoping it will go away. 

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An even handed approach to all workers during World Cup Print E-mail
Tuesday, 08 June 2010

It is vital for employers to consider carefully how they apply concessions that they may allow football fans during the world cup.  

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Software suppliers ‘get out’ clause was unreasonable Print E-mail
Tuesday, 08 June 2010
We have had a number of complaints regarding management systems purchased by clients which have performed very poorly, leaving the dealer to suffer the pain and anguish of trying to work round it. 
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Conduct Dismissals Print E-mail
Tuesday, 08 June 2010
A recent case (Salford NHS Trust v Roldan) set down a number of propositions, in cases of dismissal for poor conduct. It is important to bear these in mid when handling such cases.
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World Cup Ticket Scams Print E-mail
Tuesday, 08 June 2010
While we are on the subject of the World Cup the Office of Fair Trading have issued a warning about scam ticketing websites. 
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World Cup ‘Sickness’ Print E-mail
Tuesday, 08 June 2010
With the World Cup starting on this month it is important to be thinking now of how you will be playing the World Cup game. 
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