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Queen's Speech confirms 2011 equal treatment for agency workers

Thu, 19 Nov 2009 00:00 GMT

The Queen's Speech has confirmed that from October 2011 the 'Government will legislate to provide agency workers with the right to be treated equally with permanent staff on pay, holidays and other basic conditions'.

Be wary of pitfalls when restructuring pension schemes

Thu, 19 Nov 2009 00:00 GMT

The High Court's judgment in HR Trustees Limited v (1) German (2) IMG (UK) Limited has held that a restriction in a pension scheme's original power of amendment could not be bypassed by introducing a new amendment power.

Data protection breaches could attract fines of up to �500,000

Mon, 16 Nov 2009 00:00 GMT

The Ministry of Justice has issued a consultation paper proposing maximum fines of �500,000 for serious and reckless breaches of the Data Protection Act 1998.

Court of Appeal decision is 'encouraging' for lenders

Thu, 12 Nov 2009 00:00 GMT

The long-awaited decision of the Court of Appeal in Southern Pacific Mortgage Limited v Jayne Elizabeth Heath has for the first time provided Court of Appeal authority on correct interpretation of Section 18 of the Consumer Credit Act 1974.

VAT rate change: Are you ready?

Thu, 12 Nov 2009 00:00 GMT

On 1 January 2010 the rate of VAT will revert to 17.5%.

Employer financed retirement benefit schemes: Avoiding pension contribution restrictions

Fri, 06 Nov 2009 00:00 GMT

From 6 April 2010 the top rate of income tax will increase to 50% on earnings above �150,000.

Occupational health guidance requires patient consent to disclose reports to employers

Wed, 04 Nov 2009 00:00 GMT

Employers seeking medical reports on employees from occupation health doctors may be frustrated by new guidance from the General Medical Council (GMC).

Employee with climate change belief protected against workplace discrimination

Wed, 04 Nov 2009 00:00 GMT

A decision by the Employment Appeal Tribunal (EAT) means employees holding philosophical beliefs may now enjoy legal protection against discrimination in the workplace.

Fire safety: Responsibility for evacuating people with impaired mobility

Tue, 03 Nov 2009 00:00 GMT

Clients appear increasingly confused by conflicting advice they have received about this from fire safety consultants.

Appeal for witnesses: Eccles Caravans/Caravans International Ltd

Mon, 02 Nov 2009 00:00 GMT

Shoosmiths wants to hear from former workers of Rodney Snare who worked at Eccles Caravans - or Caravans International, as it was also known - in Newmarket, between 1961 and 1972.

Companies in breach of Data Protection Act if they disclose directors' home addresses

Thu, 29 Oct 2009 00:00 GMT

From 1 October 2009 the Companies Act 2006 (the new Act) has distinguished between directors' residential and service addresses, and requires all companies to keep a separate register of their directors' residential addresses.

Community Infrastructure Levy: Update

Wed, 28 Oct 2009 00:00 GMT

The latest consultation paper with draft regulations on the community infrastructure levy (CIL) puts flesh on the bones of this new charge on development.

Corporate manslaughter sentencing guidelines move a step nearer

Wed, 28 Oct 2009 00:00 GMT

The publication of sentencing guidelines for corporate manslaughter and health and safety offences where a death has occurred have moved a step closer.

Appeal for witnesses: Lansing Bagnell Ltd/Lansing Linde Ltd

Wed, 28 Oct 2009 00:00 GMT

Shoosmiths wants to hear from former colleagues of Edward Lockwood, who worked at Lansing Bagnell Ltd - or Lansing Linde Ltd , as it is now known - between 1985 and 1995.

Take a break, but beware the pitfalls

Wed, 28 Oct 2009 00:00 GMT

A break option allows a tenant to terminate its lease early - a valuable right in uncertain times.

Limitation periods in relation to commercial claims

Tue, 27 Oct 2009 00:00 GMT

A key consideration in many claims is the limitation period. This is the time within which a party must issue proceedings.

Former pupil's asbestos claim against school

Tue, 27 Oct 2009 00:00 GMT

A court has found for the first time that a school was responsible for negligently exposing a pupil to asbestos.

Deal costs: Is VAT recoverable?

Mon, 26 Oct 2009 00:00 GMT

The First-tier Tribunal has held that VAT incurred on payments to accountants for services provided to rescue a business from closure are recoverable.

IT systems: Business continuity and disaster recovery planning

Mon, 26 Oct 2009 00:00 GMT

Businesses rely on IT systems to conduct their day to day business. Failure of these systems can be disastrous, so it is critical organisations have coherent and resilient business continuity strategies in place.

Procurement Update: OGC Guidance on Jean Auroux

Wed, 21 Oct 2009 00:00 GMT

The OGC has been under pressure for some time to publish guidance on the unpopular Jean auroux / Roanne case.

Can we talk? How to have a without prejudice conversation with an employee

Fri, 16 Oct 2009 00:00 GMT

�Without prejudice' is the legal term for �off the record'. In a dismissal situation - maybe for poor performance - an employer may wish to speed up the formal process by offering a termination package on a without prejudice basis.

First phase of Vetting and Barring Scheme in operation from 12 October 2009

Fri, 16 Oct 2009 00:00 GMT

The new Vetting and Barring Scheme aims to prevent unsuitable people from undertaking paid or volunteer work with children and vulnerable adults. It will vet all those who wish to work with vulnerable groups and bar those shown to pose a risk.

Procurement Update: Timely reminder for registered providers

Thu, 15 Oct 2009 00:00 GMT

With the Remedies Rules about to be introduced, here is a timely reminder to registered providers (RPs) to review their procurement policies and practices.

Teachers and lecturers face asbestos threat

Tue, 13 Oct 2009 00:00 GMT

Teachers and lecturers could be among thousands more people exposed to the dangers of asbestos than at first thought.

Asbestos exposure concerns after factory fire

Tue, 13 Oct 2009 00:00 GMT

Fire investigators say asbestos may have been released into the environment following a factory fire at the Hawthorns Trading Estate, in Smethwick, West Midlands.

Running for the door: What do you need to agree upfront about your exit?

Wed, 07 Oct 2009 00:00 GMT

The principal reason for taking either development capital or additional investment into your business is to grow it and so have potential for a successful future exit.

Interpretation of defined terms and recitals

Wed, 07 Oct 2009 00:00 GMT

Defined terms are used in agreements to create certainty and minimise ambiguity. However, a recent court judgment has highlighted that defined terms need not always be given their express meaning.

Website operators can owe duty of care to users

Wed, 07 Oct 2009 00:00 GMT

The first case to consider statements made on websites opens the door to claims for negligent misstatement.

ECHR consultation on gender pay reporting in private sector

Tue, 06 Oct 2009 00:00 GMT

Under the Equality Bill, currently going through Parliament, private employers with 250 or more employees will be required to report on the gender pay gap within their organisations from 2013.

New law on agency workers could come early next year

Tue, 06 Oct 2009 00:00 GMT

A new law giving significant new rights to agency workers looks set to become law sooner than expected.

Planning for increased taxes

Tue, 06 Oct 2009 00:00 GMT

Under provisions contained in the Finance Act 2009, the highest rate of income tax will increase from 40% to 50% with effect from 6 April 2010.

Redundancy: When does duty for collective consultation arise?

Tue, 06 Oct 2009 00:00 GMT

The ECJ has recently given guidance on when the duty to consult collectively under the Collective Redundancies Directive (98/59/EC) is triggered.

ECJ ruling could trigger tax claim avalanche

Tue, 06 Oct 2009 00:00 GMT

A decision by the European Court of Justice (ECJ) could trigger an avalanche of reclaims for previously paid stamp duty reserve tax (SDRT).

Written consent a must before using people's images in adverts

Mon, 05 Oct 2009 00:00 GMT

A recent Advertising Standards Authority adjudication has confirmed that express written consent should always be obtained from individuals before using their image in advertising and promotional material.

Parents can swap statutory leave between them from 2011

Fri, 02 Oct 2009 00:00 GMT

The Government has launched a consultation on regulations to extend statutory paternity leave and pay.

Dismissal to avoid pension costs was age discrimination

Fri, 02 Oct 2009 00:00 GMT

The Employment Appeal Tribunal has found that a 49-year-old employee suffered age discrimination when he was made redundant to avoid pension costs that would have arisen once he reached 50.

Discrimination gets more expensive

Thu, 01 Oct 2009 00:00 GMT

The Employment Appeal Tribunal (EAT) has increased the amount that tribunals must award for injury to feelings in discrimination cases.

U-turn on pledge to extend paid maternity leave to 12 months

Thu, 01 Oct 2009 00:00 GMT

Perhaps the first casualty of the need for the Government to tighten its belt was seen earlier this month when it emerged that statutory maternity pay would not be increased, as expected.

ECJ extends holiday entitlement for sick workers even further

Wed, 30 Sep 2009 00:00 GMT

The European Court of Justice (ECJ) has handed down another significant case concerning the holiday entitlement of employees who have taken sick leave.

Default retirement age lawful, but Government review looms

Wed, 30 Sep 2009 00:00 GMT

The High Court has rejected Heyday's long-running challenge to the UK's default retirement age of 65, holding that it is lawful to force employees to retire at that age, provided the correct procedure is followed.