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News, Articles & Events: December 2015

Chris Holwell considers the exclusionary rule on the interpretation of contracts and whether there are any circumstances in which an adjudicator can go around it. The rule that pre-contract negotiations should not be admitted to aid the interpretation of a contract (the ‘exclusionary rule’) has long been embedded in UK law and was reaffirmed in […]

The question of whether or not an adjustment for a disabled employee is ‘reasonable’ is one that many employers struggle with. One particularly challenging issue has always been whether flexibility should be granted to a disabled employee as a reasonable adjustment under a sickness absence policy, if the employee reaches the threshold for disciplinary or […]

Most actors fear being ‘type-cast’. In other words, being so identified with a particular character or type that the performer is continually allocated similar parts. For thespians frequently perceive their craft to lie in their chameleon-like ability to ‘become’ different people in different productions. A vintage example is Alec Guinness in the 1949 film, Kind […]

You may be aware that current Charity Commission guidance “Charities and fundraising” (CC20) is being re-written. While the existing guidance does highlight that trustees must ensure their charity complies with the law relating to fundraising and follows best practice, and strongly advises trustees to be aware of the legal, good practice and ethical considerations of […]

Karen Reynolds of Freeths LLP is a specialist Clinical Negligence Lawyer and has 20 years experience of settling complex clinical negligence claims. Her team are now acting on behalf of over 50 patients who have been badly affected by Mr Bainton’s poor practices. Roger Bainton qualified as a doctor in 1977 and has been an […]

In 2016 the government are intending to consult on proposals to extend shared parental leave to grandparents and are aiming to implement the proposals by 2018. This will only affect working grandparents as non-working grandparents are unlikely to meet the eligibility criteria. Comment This is in line with the government’s initiative to enable individuals to […]

The Department for Business, Innovation and Skills has produced a guide for employers on zero hour contracts. It explains the difference between appropriate and inappropriate use of such contracts, how they work and best practice on implementing zero hour contracts as well as alternatives to zero hour contracts. The Guide highlights the following: The National […]

The Employment Appeal Tribunal has upheld a tribunal’s decision that an on-call worker is not entitled to National Minimum Wage (NMW) for all hours of the night when a worker is on-call but only entitled to NMW for the hours a worker is awake and working. Background The Claimant, Mr Shannon, was employed at a […]

In the case of EAD Solicitors LLP v Abrams the EAT considered that a company could proeed with a claim for discrimination as there was nothing in the Equality Act 2010 which prevented a company from bringing a discrimination claim. Mr Abrams was a member/partner of EAD Solicitors LLP and was due to retire at […]

Sadly one in every 200 pregnancies in the UK ends in stillbirth. A recent study by Imperial College London, has established that babies delivered at the weekend are more likely to die or suffer serious injury, rather than those born during week days. The single day with the highest risk of death was also found […]

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