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Salary sacrifice arrangements
14 February 2017
A salary sacrifice arrangement is where an employee gives up the right to receive part of the cash salary due under their contract of employment in return for the employer’s agreement to provide some form of non-cash benefit.
Dating apps get even more interesting
17 February 2017
A Scottish court has recently refused to find that a legal partnership existed between two former friends and Mr Elliott in relation to a business arrangement to develop and exploit a couple of online dating apps. The court held that, without a contract, there was no partnership and Mr Elliott was not obliged to share the profits from the venture with the friends.
Estate agent unable to claim his fee on successful property sale
17 February 2017
The Court of Appeal has decided that it cannot imply contractual terms where there is no contract in the first place. In this case, it would not imply a term to enable an estate agent to recover his commission on a sale.
Supreme Court upholds spouse minimum income requirement
22 February 2017
The Immigration Rules regulate immigration of non-Europeans into the UK. Under the Rules, a non-EEA spouse must earn £18,600 each year before being allowed to join their partner in the UK. The lawfulness of this “minimum income requirement” has been scrutinised and ultimately upheld by the Supreme Court, although with some criticism.
Industrial relations update
22 February 2017
Our summary of recent “collective” employment law developments includes the latest on the Government’s industrial action reforms, the Court of Appeal’s ruling in the Boots case concerning a “sweetheart” recognition agreement and a decision of the Central Arbitration Committee (“CAC”) upholding an information request by the trade union Unite.
Bad timing for a counterclaim
27 February 2017
The provisions of section 35(3) of the Limitation Act 1980 will not enable a defendant to bring counterclaim that would otherwise be time barred before the proceedings had commenced.
Continuous service for notice pay preserved on transfer
28 February 2017
An Advocate General (“AG”) of the European Court of Justice has handed down an advisory opinion on an interesting TUPE issue concerning continuous service, arising in a case referred by the Swedish Labour Court
Activities fundamentally the same despite alterations to location and scope of service
01 March 2017
The Employment Appeal Tribunal (“EAT”) has upheld an employment judge’s decision that a service to provide accommodation-based support services for homeless people had remained fundamentally the same before and after a TUPE service provision change (“SPC”), despite alterations to the location and scope of the service.
Selling your business
01 March 2017
Many business-owners look to sell at some point. The reasons for selling may vary but often it is the opportunity for an owner to capitalise on the years of hard work that have gone into building up his or her business.
Equal Pay
02 March 2017
Equal pay law first developed in the UK in the 1970s after a campaign by trade unions and women’s groups. It is now a basic principle of European law that men and women who do equal work should receive equal pay. This principle is implemented in the UK today through the Equality Act 2010.
Gender pay gap reporting
02 March 2017
The Equality Act 2010 (Gender Pay Gap Information) Regulations 2017 (the “Regulations”) require employers to report on the gender pay gap in their organisation.
Beware of copyright when considering existing planning permission
02 March 2017
The recent judgment in Signature Realty Ltd v Fortis Developments Ltd & Anor is an excellent example of the application of copyright in a planning and building context.
Supreme Court ends British Gas challenge to holiday pay ruling
02 March 2017
The Supreme Court has refused permission for British Gas to appeal against an important ruling that the calculation of holiday pay should include results-based commission.
The risk for employers in bypassing collective bargaining
16 March 2017
Where an employer has recognised a trade union for collective bargaining purposes, can it still put an offer directly to its employees? This was the thorny issue for consideration in a recent Employment Tribunal decision.
Royal assent paves the way for Brexit
16 March 2017
The Queen has this morning signed into law the European Union (Notification of Withdrawal) Bill which was passed by MPs and peers on Monday.
Guideline on reduction in sentence for a guilty plea
16 March 2017
The Sentencing Council for England and Wales has issued a new guideline. It applies equally in magistrates’ courts and the Crown Court, to all individual offenders aged 18 and older, and to organisations, in cases where the first hearing is after May 31 2017, regardless of the date of the offence.
Important new guidelines for advertising prices to UK consumers
17 March 2017
The long-awaited Guidance for Traders on Pricing Practices was finally issued by the Chartered Trading Standards Institute (CTSi) in December 2016. The previous guidelines had been around since the old DTI published its first Code of Practice in 1988, with the last iteration published by the Department for Business, Innovation and Skills (BIS) in 2010. Although the BIS guidance has been withdrawn, traders have until April 2017 to comply with the new Guidance. The Guidance will apply to any advertisers targetting UK consumers, including advertisers based abroad.
CMA offers cash for whistleblowers
20 March 2017
New guidance on long-term sickness dismissals
23 March 2017
The Court of Appeal has given some useful new guidance on the vexed question of when an employer can safely dismiss an employee who is on long-term sickness absence – although not all of the judges agreed with the result.
ICO fines Flybe and Honda
28 March 2017
The Information Commissioner’s Office has issued data protection fines to two household names: Flybe and Honda, for sending marketing emails in breach of the Privacy and Electronic Communications Regulations (“PECR”).