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News Category: Services for your business

  • 12 August 2016

    Phoenix House Ltd v Stockman

    In Phoenix House Ltd v Stockman, the EAT approached the subject of the ACAS Code of Practice on Disciplinary and Grievance Procedures ("the Code") once again, this time specifically in relation to dismissals for Some Other Substantial Reason ("SOSR"). The dismissal was by reason of a breakdown in the working relationship. Read more

  • 29 July 2016

    Annual returns out, confirmation statements in

    With effect from 30 June 2016, companies and LLPs are no longer required to file an annual return at Companies House but instead will file a confirmation statement. Read more

  • 29 July 2016

    Do you know where your statutory registers are?

    The introduction of the PSC register earlier this year has resulted in many companies asking the question: "Where are our statutory registers?" Read more

  • 29 July 2016

    Fixed Costs and Part 36 Offers

    One of the more recently posed questions in relation to Part 36 offers is, in cases where costs are fixed by section IIIA of Part 45 of the Civil Procedure Rules (CPR), can costs, in excess of those that are fixed, be recovered by making or accepting a Part 36 offer? Read more

  • 29 July 2016

    Selective Distribution: The ban on Amazon and eBay, all change?

    In our article last year, "Competition Law: Can I stop my goods from being resold on websites such as Amazon or eBay?" we explained that, if correctly established, a selective distribution system can enable the supplier to prevent its distributors from using sites such as Amazon and eBay. Read more

  • 17 June 2016

    Pendleton v Derbyshire County Council

    In Pendleton v Derbyshire County Council, the EAT considered a tribunal's approach to the identification of a provision, criterion or practice, group disadvantage and justification in a claim for indirect discrimination on the grounds of religion or belief. In particular, what level of repetition, if any, is required to establish a practice. Read more

  • 17 June 2016

    Nayak v Royal Mail Group Otd UKEAT/0011/15

    In Nayak v Royal Mail Ltd UKEATS/0011/15, the EAT upheld an employment tribunal's conclusion that an employer's genuine and reasonable belief that an employee was no longer entitled to work in the UK was sufficient to show that a subsequent dismissal was for some other substantial reason. They also held that the dismissal was both substantively and procedurally fair. Read more

  • 17 June 2016

    John-Charles v NHS Business Services Authority UKEAT/0105/15

    In the absence of gross misconduct, the dismissal of an employee for a first offence is likely to be unfair if they have not previously received any warnings. This is an established principle of employment law. However, as John-Charles v NHS Business Services Authority UKEAT/0105/15 demonstrates, adequately informing the employee of the reasons for the outcome can often be just as important as the outcome itself. Read more

  • 4 May 2016

    Agency Law: How much do you need to pay an agent on termination?

    Unless you are terminating the relationship with your agent on the grounds of a "fundamental breach" having been committed by the agent, you may need to make a lump sum payment to that agent. This lump sum can include notice payment, payment of commission on all orders taken up to the date of termination, commission on future orders mainly attributable to the agent's efforts for a reasonable period and a "compensation" or "indemnity" payment. Read more

  • 4 May 2016

    Are your PSC registers in place yet?

    The legal requirement for companies to keep a register of persons of significant control (PSCs) came into force on 6 April 2016. All companies and LLPs should now have a register in place and be taking reasonable steps to identify any "persons of significant control" (PSCs). Read more