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TUPE and service provision changes: Welcome guidance from EAT

Thu, 02 Jul 2009 00:00 GMT

The Employment Appeal Tribunal (EAT) has given some welcome guidance on the correct approach for deciding whether or not a service provision change is covered by TUPE 2006.

'Can I see some ID?' Why age verification is a hot topic for online retailers (Part 2)

Thu, 02 Jul 2009 00:00 GMT

In Part 2 of legal assistant Tricia Pearson's look at how children can be protected in the virtual world, she examines 'super databases', biometric verification, and what it all means for online retailers.

Equal pay for everyone - including men!

Thu, 02 Jul 2009 00:00 GMT

There has been much media interest in the extensive equal pay litigation brought by women against local authorities over the past few years.

Banning age discrimination in the provision of services

Thu, 02 Jul 2009 00:00 GMT

The Equality Bill currently going through Parliament will outlaw age discrimination in the provision of services for the first time.

Disrepair and the recession

Wed, 01 Jul 2009 00:00 GMT

The recession is having more than one impact on the housing market: increasing debt and rising unemployment mean more residents are pursuing disrepair claims against registered providers (RPs) and local authorities (LAs).

The TSA: Has pendulum swung too far the other way?

Wed, 01 Jul 2009 00:00 GMT

Many of us have heard recently either Anthony Mayor or Peter Marsh talk about the new role of the Tenant Services Authority (TSA) and its approach to regulation.

Employment Act 2008 and the ACAS Code: New landscape for workplace discipline and grievance

Tue, 30 Jun 2009 00:00 GMT

The statutory dispute resolution procedures (SDRPs) were swept away when the Employment Act 2008 came into force in April 2009.

RPs are public authorities for purposes of housing management functions

Fri, 26 Jun 2009 00:00 GMT

The Court of Appeal has confirmed registered providers (RPs) are now public authorities for the purposes of Section 6 of the Human Rights Act 1998, and can now have their decisions judicially reviewed.

Retention of Title: A recession essential

Thu, 25 Jun 2009 00:00 GMT

As more companies feel the effects of the recession, suppliers must ensure they are properly protected should customers struggle to pay their bills, fall into financial decline or, worse, insolvency.

Equality Duty: Proposals for public sector implementation

Wed, 24 Jun 2009 00:00 GMT

The Equality Bill makes provision for a new, single equality duty to be imposed on public bodies and those exercising public functions. It is expected that the new Equality Duty will apply from April 2011.

'Can I see some ID?' Why age verification is a hot topic for online retailers (Part 1)

Wed, 24 Jun 2009 00:00 GMT

In the first of a two-part look at age verification issues facing online retailers and dangers faced by children in the virtual world, we consider age verification legislation, why it is a hot topic, and tools that retailers can use.

Customs change procedure for dealing with infringing Intellectual Property goods

Tue, 23 Jun 2009 00:00 GMT

Customs has changed, with immediate effect, the way in which they deal with goods suspected of infringing brand owners' intellectual property rights.

ECJ protects well known trade marks

Fri, 19 Jun 2009 00:00 GMT

The European Court of Justice (ECJ) has ruled in favour of cosmetics giant L'Oreal, after three perfume manufacturers produced smell-alike fragrances almost identical to L'Oreal's own.

Selling shares bought under employee option? Tax may be more than you think

Thu, 18 Jun 2009 00:00 GMT

If you sell shares bought before 10 April 2003 through employee share options - or you have recently sold such shares - your tax liability may have increased.

ICO's new weapon in consumer data battle

Tue, 16 Jun 2009 00:00 GMT

The Information Commissioner's Office (ICO) has launched the new Privacy Notices Code of Practice.

Beware the non-waiver clause

Fri, 12 Jun 2009 00:00 GMT

A recent Court of Appeal case has cast doubt on the value of such 'non-waiver' clauses.

Termination of contracts: Introduction

Fri, 12 Jun 2009 00:00 GMT

In the current economic climate, most companies are scrutinising their existing relationships to ensure they are truly adding value. Many long term contracts may not be as profitable as they once were or there may be better deals on offer elsewhere.

ECJ sends chocolate bunny battle back to Austria

Fri, 12 Jun 2009 00:00 GMT

The European Court of Justice (ECJ) has ruled national courts should determine if trade marks have been applied for in bad faith - meaning two chocolate bunny makers must go back to Austria to settle a trade mark dispute.

A landlord's remedies during insolvency

Thu, 11 Jun 2009 00:00 GMT

A landlord may find its remedies are restricted when a corporate tenant becomes insolvent. However, it may still have other options.

Buying commercial property at auction: Avoid the VAT trap

Thu, 11 Jun 2009 00:00 GMT

Buying commercial property at auction may seem an attractive proposition when there is a bargain to be had. But the joy of purchasing a property cheaply can be short-lived if it triggers an unexpected VAT liability.

Statutory redundancy payment rise in October - then limits frozen to 2011

Wed, 10 Jun 2009 00:00 GMT

There is good news and bad news about the statutory redundancy payment.

House of Lords' eagerly awaited sick leave and holiday pay decision

Wed, 10 Jun 2009 00:00 GMT

The House of Lords has handed down its decision in Stringer v HMRC.

Advent of CQC means tougher healthcare regulation

Tue, 09 Jun 2009 00:00 GMT

The Care Quality Commission (CQC) came into effect in April 2009, and with it tougher healthcare regulation.

Director's duty to tell employer he would become rival

Fri, 05 Jun 2009 00:00 GMT

Directors owe a range of fiduciary duties to their employer.

Consultants can owe same confidentiality duties as employees

Fri, 05 Jun 2009 00:00 GMT

In a recent decision - Vestergaard Frandsen A/S v Bestnet Europe - the High Court considered the confidentiality obligations owed by a consultant to a company that had formerly engaged his services.

Barratts wrongly refused permission to connect to public sewer

Thu, 04 Jun 2009 00:00 GMT

An owner of premises is entitled to connect to a public sewer under section 106 of the Water Industry Act 1991 (WIA 1991).

Children's unruly behaviour prompts possession order

Wed, 03 Jun 2009 00:00 GMT

On 30 May 2007 Sovereign Housing Association (SHA) obtained a postponed possession order against one of its tenants due to rent arrears.

Disclaimer in the modern world

Fri, 29 May 2009 00:00 GMT

If a tenant company goes into liquidation a liquidator can rid the tenant of its lease. This process is called disclaimer.

Development levy delayed

Fri, 29 May 2009 00:00 GMT

The Government's timetable for introducing the proposed Community Infrastructure Levy (CIL) has slipped again.

CPO: New power to override third party rights

Fri, 29 May 2009 00:00 GMT

The Compulsory Purchase Order (CPO) is considered a magic formula for land assembly. And the icing on the CPO cake? The ability to deliver land with a clean title, which is vital for the successful implementation of development schemes.

Death of the 'sick note' as new 'fit note' unveiled

Thu, 28 May 2009 00:00 GMT

The Government has launched a consultation on a new "fit" note which it hopes will help to eradicate "sick note culture" in the UK.

End of the line for 'twin tracking'?

Wed, 27 May 2009 00:00 GMT

It was not uncommon for developers faced with a planning permission refusal to submit repeat applications for the same development in the hope of ultimately securing approval.

Retaining privilege in legal advice

Tue, 26 May 2009 00:00 GMT

It is an important principle of justice that parties should be able to obtain legal advice without fear of that advice being disclosed to an opposing party.

Judgment helps define employers' risk boundaries

Fri, 22 May 2009 00:00 GMT

How far do you have to go in carrying out risk assessments when the risks to your employees arise from activities conducted off your premises?

Recession fuels claims against advisors

Fri, 22 May 2009 00:00 GMT

The recession has seen a significant rise in claims against professional advisors, as businesses look to recoup losses they may have suffered.

L'Oreal 'loses' to eBay in the UK

Fri, 22 May 2009 00:00 GMT

The High Court has ruled that eBay cannot be held legally accountable for the sale of counterfeit goods on its website.

Businesses' collective sigh of relief at Law Lords' ramp ruling

Fri, 22 May 2009 00:00 GMT

A lot hinged on the answer to the following question for thousands of businesses and organisations across the UK.

COMAH Regulations applied to natural strata gas storage

Thu, 21 May 2009 00:00 GMT

Onshore storage of natural gas in underground natural strata such as depleted reservoirs is now subject to COMAH Regulations.

�5,000 fines threat - batteries included

Thu, 21 May 2009 00:00 GMT

Businesses placing batteries on the UK market for the first time will have to meet their collection and recycling responsibilities under the Waste Batteries and Accumulators Regulations 2009 or face fines of up to �5,000.

Agency workers: Government consults on new rights

Wed, 20 May 2009 00:00 GMT

The Government is consulting on how it will introduce rights for agency workers in the UK following the new Agency Workers Directive agreed by Europe, last year.