Blog

The RICS has published a report suggesting that the current methods of measuring of carbon dioxide emissions of buildings is flawed.

As of 1 May 2010, Maitland Walker has converted to a Limited Liability Partnership ("LLP").

The European Commission has published new draft Rules on the assessment of horizontal co-operation agreements and has invited interested parties to comment on the proposed Rules.

The Employment Appeal Tribunal ("EAT") has handed down its judgment in Secretary of State for Justice v Mansfield, an unfair dismissal case, holding that where an employee facing disciplinary proceedings is at the same time being investigated by the police, the employer's decision-maker has a wide discretion on whether to continue or postpone the disciplinary hearing.

In Geys v Société Générale, London Branch the High Court held that an employee's employment contract did not terminate on the date his employer informed him in writing that he was summarily dismissed, or on the date that a payment in lieu of notice was made to him.

In Home Office v Tarriq the Court of Appeal has confirmed that employment tribunals have the power to use a 'closed material procedure' to exclude a litigant and/or his representative from all or part of the proceedings in the interests of national security. However, the gist of the closed material must be provided to enable the allegations to be effectively challenged.

Most insurers purport to require insured people to use one of their panel solicitors or Counsel. This is unlawful.

In Chief Constable of West Yorkshire Police v Homer, the Court of Appeal has held that requiring certain staff to hold a degree in order to attain a higher-paid grade was not indirectly age discriminatory in respect of an employee who did not have time to get the degree before retirement. The particular disadvantage suffered was not the result of age discrimination but of the employee's impending retirement.

There has been another important development in well known equal pay litigation.

An employment tribunal in Birmingham has just rejected the Genuine Material Factor defence of Birmingham City Council in an equal pay claim involving 4,000 female employees.

Julian Maitand-Walker is now a registered arbitrator of the Online Permanent Court of Arbitration in Europe (“OPACE”).

Employment team advise on the enforceability of restrictive covenants in FSA regulated activities.

Nick Rowe and Chris Cook are currently advising a client on the likelihood of it being able to succesfully injunct and / or seek damages from a number of (competing) former-employees.

Our litigation team is continuing to assist clients who have lost large deposits through their dealings with Ocean View Properties.

It was announced in last month's budget that from the 1 April 2010 the new business rates will take effect.

The key aspect of the Agency Workers Regulations 2010, which come into effect from 1 October next year, is the right for qualifying agency workers to receive equal treatment. 

John Clarke and Nick Rowe will be holding a breakfast seminar - "Employment Law in a Cold Climate" on the morning of 6 May 2010. Although we have had a positive response, there remain spaces available.

Family law solicitor Lauren Preedy becomes a member of Resolution.

Although head of our family law department Lauren Preedy has always practised in accordance with the Resolution Code of Practice, her membership to this organisation has now been granted. 

£250,000 stamp duty relief announced for first time buyers.

The government announced in the March 2010 Budget that first-time buyers' would get relief from Stamp Duty Land Tax on the purchase of residential property which does not exceed £250,000.

The Employment Appeal Tribunal has addressed issues surrounding proving injury to feelings. The Employment Appeal Tribunal has handed down its decision in Taylor v XLN Telecom, which is authority for the proposition that, in a discrimination claim, a claimant is entitled to recover for any injury to feelings and/or personal injury attributable to the discriminatory act (such as a racially-motivated dismissal) without having to prove that the injury resulted from actual knowledge of the discrimination.

Bribery Act receives Royal Assent.

The Act repeals the common law offences of bribery and embracery and creates several new offences carrying a maximum penalty of ten years' imprisonment or an unlimited fine for which employees, directors and commercial organisations can be liable.

Steve Thomas currently involved with charitable venture in the Gambia

Equality Bill completes passage through Parliament.

On 6 April, the House of Commons approved the House of Lords' amendments to the Equality Bill. The Bill is therefore expected to receive Royal Assent shortly.

New employment legislation in force on 6 April.

Among the changes are a new system of fit notes, which replace sick notes; additional paternity leave and pay; a power for employment tribunals to refer whistleblowing complaints to regulators; and new rules governing 'no win, no fee' agreements.

Rob Westwood-Payne is preparing an article of in-depth analysis on the new guidance issued by the DCMS and the Home Office connected to the new mandatory conditions. 

The European Commission has adopted new Regulation that block exempts certain types of agreements in the Insurance Sector from the EU’s General Prohibition of Anti Competitive Practice.

New anti-slavery laws come into effect on 6 April.

New laws aimed at preventing the exploitation of vulnerable workers come into force on 6 April 2010. The new offence of holding another person in slavery or servitude, or requiring another person to perform forced or compulsory labour, carries a maximum penalty of 14 years in prison.

Our team of employment solicitors have been instructed to act for 5 city oil brokers.

We are pleased to announce that the firm has received Lexcel accreditation. Lexcel is the Law Society's practice management standard to certify that certain standards have been met following independent assessment.

Ben Slade of our commercial property team is currently working on the sale of a portfolio consisting of a number of commercial leasehold units situated throughout the country.

Calculating unfair dismissal compensation where there is supervening ill health

In Wood v Mitchell SA Ltd UKEAT/0018/10 the EAT held that, in estimating what loss a claimant has sustained for the purposes of calculating the compensatory award  under section 123 of the Employment Rights Act 1996, tribunals should "generally" not take supervening ill health to be the cut-off point. Except in "unusual circumstances", tribunals should estimate:

• How long the employee would have been employed.

• The pay or other benefits that would have accrued to them during that period, even if they were ill (for example contractual and/or statutory sick pay).

• Whether they have returned to work.