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News

  • 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

  • 12 August 2016

    Faithorn Farrell Timms LLP v Bailey

    In Faithorn Farrell Timms LLP ("FFT") v Bailey, the EAT reviewed the admissibility of pre-termination settlement negotiations when the case included a claim for discrimination alongside unfair dismissal. Read more

  • 12 August 2016

    Holmes v Qinetiq

    In Holmes v Qinetiq, the EAT considered the applicability of the ACAS Code of Practice ("the Code") with reference to termination of employees for ill health. It examined the meaning of "disciplinary" in some detail to ascertain whether a 25% uplift in a claim for unfair dismissal was available. 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

  • 1 July 2016

    What an executor needs to know when selling the deceased’s home

    Key points to consider when selling the deceased’s property as executor of an estate. 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