The Companies Act 2006 has led to a number of changes in accounting requirements for companies, chief amongst which are the removal of the need to hold an annual general meeting and the change in the filing deadline for private companies to...
Following one of the largest ever investigations under the Competition Act 1998, the Office of Fair Trading (OFT) has issued a Statement of Objections (SO) against 112 firms in the construction sector in England that it alleges have engaged in bid rigging activities and, in particular, in 'cover...
Construction contracts usually provide for payments to be made in stages, with the amount payable being based on the amount of work certified as complete at the appropriate time. Where project milestones are not met, the contract will normally provide that extensions of time can be given, which can...
A Scottish court has spelled out a warning for non-executive directors (NEDs) who are of the view that they are in some way different from 'normal' directors in the eyes of the law.
The loss of personal data is a regrettably common occurrence. Any organisation which knowingly suffers a loss of data on its customers, suppliers or members (e.g. employees) needs to consider carefully what action to take.
The Information Commissioners Office (ICO) has recently issued...
Employees who breach their duty of good faith to their employer can be held to account for any resultant losses to the employer, even if the employee has not benefited personally from the breach.
Blackburn-based brewery Thwaites, which owns 400 pubs, has won a victory which will bring cheer to licensees, after the Court ruled that a decision by magistrates to cut the opening hours of its Saughall Hotel in Saughall Massie on Merseyside...
The Employment Act 2002 (Dispute Resolution) Regulations 2004, which require employers and employees to operate statutory minimum disciplinary, dismissal and grievance procedures, were intended to give those involved the chance to settle complaints without recourse to litigation. However, the...
A recent case serves as a reminder of the importance of circulating and abiding by your internal policies and procedures. The Employment Appeal Tribunal ruled that the dismissal of a council employee who had consumed alcohol whilst on duty was unfair because the council had failed to make known its...
The issue of mental health can be a very difficult one for employers to deal with, but it is one that should not be ignored. The 2006/07 survey of self-reported, work-related illness, published by the Health and Safety Executive (HSE), indicated that approximately 530,000 people in Britain believed...
In recent years there have been several failed attempts by the European Union Council of Ministers to agree on proposals to improve the employment rights of agency workers. In December 2007, the Agency Workers Directive (AWD), giving temporary workers equal pay and conditions, was blocked by a...
In the current economic climate, many businesses will be seeking to cut costs and this could involve making organisational changes or making staff redundant.
In Martland v Co-operative Insurance Society Ltd., the Employment Appeal Tribunal (EAT) considered the question of whether...
It is not uncommon for employment contracts to contain restrictive covenants, intended to protect the employer's business in the event that an employee leaves. However, if these are drafted in such a way that their enforcement would prevent the employee from earning a living, the courts have been...
Whilst anyone can ask their employer for more flexible working arrangements, at the moment only parents and others (such as guardians) who are responsible for looking after children under the age of six years (or 18 years if the child is disabled) and those with caring responsibilities for adult...
The Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 established a minimum standard of fairness for part-time workers to prevent them from being treated less favourably than comparable full-time co-workers, unless the treatment is justified on objective grounds.
The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 set out the normal rules for Tribunal proceedings.
Employment Judges have the power, under Rule 18(7)(c), to strike out any claim or response on the grounds that 'the manner in which the proceedings have been...
The Department for Innovation, Universities and Skills has launched a consultation on a proposed new law whereby employees will have the right to request time off work to complete relevant training. It is planned that the new entitlement will apply to all employees who have worked for their...
One of the commonly disputed issues in equal pay claims is who is an appropriate comparator for the purposes of deciding if an employer's pay policy has been applied in a discriminatory fashion.
Recently, a claimant sought to use as a comparator a successor to the post, as opposed to a...
A former paratrooper who underwent a sex change operation has been awarded £250,000 compensation in an out of court settlement of her claim for sexual discrimination and unfair dismissal. Jan Hamilton, formerly Captain Ian Hamilton, was ordered to attend a compulsory army medical examination...
If an employer seeks unilaterally to make changes to the terms and conditions of an employee's contract of employment and the employee is not in agreement with them, it is generally a breach of contract. In serious cases, the employee can have the...
Under the Disability Discrimination Act 1995 (DDA), a person has a disability if they have a physical or mental impairment which has a long-term substantial adverse effect on their normal day-to-day activities. The DDA requires employers to make reasonable adjustments to accommodate the needs of...
Employees are protected under the Employment Equality (Religion or Belief) Regulations 2003 from discrimination by reason of any religion, religious or philosophical belief. There is an exception where belonging to a particular religion or...
The UK Employment Equality (Age) Regulations 2006, which came into force on 1 October 2006, make all retirement ages under 65 illegal unless objectively justified.
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