The New Building Safety Act 2022
The Building Safety Bill received Royal Assent on 28 April 2022 and has now completed all the parliamentary stages to become an Act of Parliament, namely, the Building Safety Act 2022 (the “Act”). According to the Government, many of the measures included within the 262-page Bill are likely to take between a year and 18
Read MoreVariation of contract: acceptance must be unequivocal
The Court of Appeal was asked to consider the circumstances in which an employee could be deemed to have accepted changes to terms and conditions of employment which had been implemented unilaterally. The Court of Appeal found that, while in certain cases acceptance could be inferred by conduct, the employee’s behaviour would have to be
Read MorePILON does not convert resignation into a dismissal
Exercising the right to make PILON does not convert resignation into dismissal, well, we shall see… The Employment Appeal Tribunal has confirmed that an employer does not dismiss an employee when it relies on a contractual payment in lieu of notice (PILON) provision to bring forward the termination date of an employee who has already
Read MoreThose who breach embargoes on draft judgments risk contempt proceedings
In only the third judgment ever to consider the issue, the Court of Appeal has issued a stark reminder that court users should take care of any embargo over a draft judgment or else face contempt of court. In R (on the application of Counsel General for Wales) v Secretary of State for Business, Energy
Read MoreA panel member of the NMC’s Fitness to Practice Committee was a worker
The Court of Appeal has confirmed that a panel member chair of the Nursery and Midwifery Council’s Fitness to Practice Committee was a worker for the purposes of the Employment Rights Act 1996 (ERA). The Court found that worker status entails a contract to do work or services personally for an employer who is neither a
Read MoreA former employer had engineered the rejection of an employee’s new job application
The Employment Appeal Tribunal (EAT) held that an employee’s allegation that his former employer had engineered the rejection of his job application by a connected company, because he had brought discrimination proceedings while in employment, potentially fell within Equality Act 2010 provisions which make it unlawful to aiddiscrimination. However, the claim was precluded by the terms
Read MorePost-termination restriction
The High Court upheld a 12-month post-termination non-competition restriction in an employee’s service agreement but declined to enforce a similar provision in a shareholders’ agreement. The covenant in the service agreement was limited to competition with the parts of the employer’s business in which the employee had been involved and was no wider than reasonably necessary for the protection of
Read MoreNew Powers for the Certification Office
With effect from 1st April 2022, the Certification Officer – the Statutory ‘Regulator’ of Trade Unions will have a new set of powers, thanks to the ‘Trade Union (levy payable to the Certification Officer) Regulations 2022’ and the ‘Trade Union (power of the Certification Officer to Impose Financial Penalties) Regulations 2022’. What does that mean
Read MoreJustified medical reports
This is a matter for costs, not exclusion. This High Court appeal decision confirmed that the ‘draconian reading’ of 8BPD6 in Mason v Laing was incorrect and unwarranted. The sanction for simultaneous rather than sequential disclosure gave rise to the risk of not recovering costs at the end of the process {Marva Greyson v Ryan
Read MoreCivil-and-Family-Courts-and-Tribunals-Recovery-Plan
This webinar document now populated and published flow from a webinar on the recovery plans for Civil and Family Courts and Tribunals (‘CFT’). Speakers were: Ben Burke-Davies, Senior Project Manager, CFT Recovery Simon Vowles, Deputy Director, Civil Adam Lennon, Deputy Director, Family Daniel Flury, Deputy Director, Tribunals Will Breame, HMCTS COVID-19 Response Team Plans were
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