Why consultation during redundancies are so important
It was announced in January, that the high street chain Woolworths, who went into liquidation in 2008 have lost their employment Tribunal against the Trade Union USDAW, awarding compensation of £67.8 million to be shared between 24,000 workers.
Read more
Case Study: Disability Discrimination and ‘Reasonable Adjustments’
In the recent case of Salford NHS Primary Care Trust V Smith, the Employment Appeal Tribunal (EAT) discussed the issue of what is considered to be ‘reasonable adjustment’ under Section 4 of the Disability Discrimination Act 1995.
Read more
Unfair Dismissal Changes - NEW employees only
Just a quick reminder, that from 06 April 2012 the qualifying period for unfair dismissal will change from one to two years.
Read more
Further convictions on lease stitch ups
At least one of our clients was previously caught in a leasing scam by representatives called Business Telecom Ltd.
Read more
Yes, stereos fall under Sale of Goods law too
There seems to be misconception with dealers that if something goes wrong with music equipment, immobilisers and aftermarket equipment then they can walk away from those problems if they breakdown.
Read more
PRS and PPL Licences
We receive a burst of enquiries periodically when these organisations, Performing Rights Society (PRS) and Phonographic Performance Ltd (PPL) have a purge on motor traders using music in the workplace/customer areas.
Read more
Dealer selling illegal number plates fined £40,000!
A dealer in number plates who had failed to register with DVLA as required by law, and who had used trade marks on the plates without authority of the owners, was fined £40,000 and had to pay more than £25,000 costs in Aylesbury Crown Court in December.
Read more
The Olympics……Time off for volunteering?
As the Olympics draw ever closer, it is mindful for employers to consider how to deal with staff who wish to have time away from work to volunteer at the Olympics.
Read more
Unfair Dismissal:
A quick reminder that as of 06 April 2012 the qualifying period of Unfair Dismissal Claims will rise from one to two years. However this will not be retrospective and will only to apply to employees taken on after this date.
Read more
Acceptable Workplace Practice……What does it mean?
Whilst it is encouraged that the workplace is a happy place where all employees get along with one another, there are limitation as to how well or in what manner they choose to get along. More and more cases are arising out of actions that are ‘acceptable’ in the workplace which actually are not.
Read more
Trading Standards Officers prosecute Motorshop/Motormarket/Motorplace car matching scam
Four Defendants, Paragoitis Christofi, Craig Brannigan, Sam Dimmock, Cengiz Kernal were convicted in November 2011 for involvement in a car matching scam for private customers seeking to sell their cars.
Read more
Carcraft gives undertaking to OFT about concerns over business practices
As a result of customer complaints the Office of Fair Trading (OFT) has taken enforcement action against the car supermarket Carcraft, which has 11 car supermarkets across England and Wales.
Read more
Another Lawgistics’ client wins case against Carlyle Finance attempting to claw back commission
Again, a client has won a claim against Carlyle Finance who were seeking to reclaim commission by way of ‘claw back’.
Read more
Redundancy and Offers of Reasonable Alternative Employment
In the recent Employment Appeal Tribunal’s case of Readman V Devon Primary Care Trust, it was ruled that when measuring reasonableness in regards to the alternative employment offered, Tribunals must assess the reasonableness of the employee and not the reasonableness of any employee.
Read more
Reminder: SELF ASSESSMENT TAX RETURNS DUE BY 31 JANUARY 2012!
If you haven’t already done so, don’t forget to submit your tax returns by the end of the month, otherwise you will be fined, starting at £100.
Read more
PPL and PRS Licenses…Don’t get caught out.
We have recently received a number of cases from clients who have fallen victim to PPL Licensing laws and are having to pay out as a result. PPL Licensing was introduced to protect artistic works covered under the Copyright Designs and Patents Act 1998.
Read more
Financial Ombudsman Service Update – PPI fees to increase
Increasingly the Financial Ombudsman Service, (FOS) are getting involved in more complaints concerning financial products. A new report from FOS indicates that
- the estimated first line consumer enquiries will increase in the next financial year to 1.4 million compared with 1.2 million this year
- the number of new actual cases will rise to 285,000 compared with 259,000 this year
Read more
Time for a holiday? Check where you get your travel money
At this time of the year many people begin thinking about holidays. Following a super complaint from Consumer Focus the Office of Fair Trading have reached agreement with banks and money providers to make charges for purchasing foreign money clearer.
Read more
London Olympics Brand Protection
We have received enquiries from clients regarding the use of words and images connected with the upcoming Olympics events.
Read more
TUPE – can not be avoided despite administration of a Company.
In the recent ruling of Key2Law (Surrey) LLP v De'Antiquis the Court of Appeal, ruled that a company in administration was not exempt from the rules of TUPE. As administration is a more stepping stone to insolvency or bankruptcy proceedings, it cannot trigger the relevant exemptions under Regulation 8 (7) of the 2006 TUPE regulations.
Read more
Methodist Minister...Employment Status?
In the recent case of Moore V President of the Methodist Conference , argued as to what their employment status was. The Respondent had to date treated them as a non employee, claiming that as there was no intention to contractually create a legally binding working relationship with God, Ministers were not employees and thus not entitled to the rights employees are afforded, such as unfair dismissal rights.
Read more
Sex Discrimination on the grounds of marital status
In the recent Employment Appeal case of Dunn V The Institute of Cemetery and crematorium Management, it was held that Section 3 of the Sex Discrimination Act (SDA) (as now amended and integrated into Section 8 of the Equality Act 2010) applied to less favourable treatment received because she is married to a particular man?
Read more
Fees for employment Tribunals?
As discussed throughout 2011, the government have now issued two proposals as to the fee structure that will be introduced to employment tribunals from next year. Consultation will take place between now and March 2012, upon which a formal structure will be reached and implemented from 2013.
Read more
2012 – What to expect…
There has been much discussion towards the later part of the year regarding the reform of Employment Tribunals and Employment Law in general. However Vince Cables speech of 23 November gave many if’s and bits but not any definitive answers, so we ask what should we expect in 2012?
Read more
Reminder about new Agency Worker Rights
For any employers who may have taken on Agency workers over the run up to the festive period, will need to remember that after 12 weeks work they will be entitled to the same rights as other employees.
Read more