News: July 2015
Welcome to the Summer edition of the Real Estate Bulletin. The quarter we have case law updates on: Business rates – refurbishment Contracts – fraudulent misrepresentation Development – defective premises Development – procurement Easements – right of way and parking …and Landlord and Tenant updates on: Implied surrender Landlord’s intention to redevelop …as well as […]
Now that the property market is picking back up we are seeing many more new developments coming forward. For franchisees, taking a unit on a newly-built development brings with it a lot of advantages, such as having modern, energy efficient premises which are a blank slate for your business, but there are also some specific […]
The Department of Business, Innovation and Skills has updated its list of prescribed persons and bodies to whom individuals can make a protected disclosure (assuming the other criteria are met). If your policies specifically refer to prescribed persons or bodies ensure that they are updated accordingly.
The Employment Appeal Tribunal (EAT) has held that a client’s instruction to a contractor to remove an employee from its services did not mean that the individual was not assigned to those services for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). In Jakowlew v Nestor Primecare Services Limited (t/a […]
An Employment Tribunal has found that a nursery unlawfully discriminated against a Christian worker when it dismissed her for expressing her belief to a lesbian colleague that God does not approve of homosexuality (Mbuyi v Newpark Childcare (Shepherds Bush) Ltd). The key incident in the case was a conversation between Ms Mbuyi and her colleague […]
In Federación de Servicios Privados del sindicato Comisiones Obreras v Tyco Integrated Security SL and another (C-266/14), the Advocate General was asked to decide whether time spent by peripatetic workers travelling between their home and their customers’ premises was “working time” under the Working Time Directive (the Directive). Article 2 of the Directive defines “working […]
Mr McElroy was employed as a healthcare assistant by Cambridgeshire Community Services NHS Trust (the Trust) from 1 July 2003 until he was summarily dismissed for gross misconduct on 22 January 2014. A colleague told Mr McElroy’s line manager, that Mr McElroy smelt of alcohol. She interviewed him and took the same view. Mr McElroy […]
This is particularly the case in sectors such as education and healthcare, or with senior employees and directors. If there is no express term, is there nevertheless an implied duty on an employee to disclose their own wrongdoing? Mr Amadi was a citizen of Nigeria and had been working in the United Kingdom on a […]
Miss Adeshina was a principal pharmacist in the Prison Service, part of the NHS Trust. Various allegations of misconduct were raised against her as a result of which she was dismissed. There were a number of procedural failures as part of the disciplinary process including the fact that the disciplining officer’s decision was based partially […]
The Court of Appeal has recently ruled that UK companies entering a contract with a non-UK company should ensure the contract is executed by the foreign company in accordance with the law of its own country, even if the contract is governed by the laws of England & Wales. The case of Integral Petroleum SA […]
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