News: May 2016
Background Direct disability discrimination occurs where, because of disability, a person (A) treats another (B) less favourably than A treats or would treat others (section 13(1), Equality Act 2010). A claim for direct disability discrimination can only succeed if A has actual or constructive knowledge of the employee’s disability at the relevant time, as the […]
Background During maternity leave, an employee is entitled to all the usual benefits of her employment, except her remuneration, which is replaced by statutory maternity pay (SMP) or the employer’s own maternity pay scheme (Sections 71 and 73, Employment Rights Act 1996 (ERA); Regulation 9, Maternity and Parental Leave etc Regulations 1999). In this case, […]
Background The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) apply where there is a “relevant transfer”. This is defined to cover two types of event: A transfer of a business, undertaking or part of a business or undertaking where there is a transfer of an economic entity that retains its identity (a “business […]
Background This case concerns a constructive unfair dismissal claim by an employee who resigned because her employer had raised written concerns with her during her sickness absence. Before we go on to consider the facts of this case, let us remind ourselves of the test for establishing a successful constructive dismissal claim: Constructive Dismissal For […]
Companies have long been a feature of the local authority scene. Back in the 1980s, they were often regarded as a ‘cunning wheeze’ and worth a whirl to try and get round irksome statutory restrictions. But while this was not inevitably effective (since the acts of a local authority-controlled company could often at common law […]
Mona Schroedel, an expert in commercial disputes at Freeths, highlights how internet trade is making logistic companies more susceptible to fraud, one e-risk in particular being escrow fraud. How it works Escrow services are useful when it comes to “blind” online sales, where a buyer and seller may not know each other, but a reputable […]
Chris Holwell considers the games played by parties to construction contracts to manipulate payment requirements. The Housing Grants, Construction and Regeneration Act 1996 was substantially amended with effect from October 2011. Soon afterwards, people started playing gameswith its provisions – some can be very expensive for the loser. Background The typical contracts to which the […]
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