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Management of shared ownership lease repossessions and buy-backs/making shared ownership repossession work

Fri, 09 Dec 2011 00:00 GMT

Shared ownership leases occupy a special status with lenders.

Unilateral notice: Ignore it at your peril

Wed, 26 Oct 2011 00:00 GMT

If you receive notification from the Land Registry (LR) that someone has registered a unilateral notice against your property, don't ignore it!

Pension auto enrolment is coming - employers need to get prepared

Thu, 14 Jul 2011 00:00 GMT

Next October sees the start of radical, compulsory pension changes that will eventually affect all employers. The new regime is administratively complex and will be costly: employers need to start planning now

Equal pay: TUPE transfer was a defence and employer was not required to "red circle"

Thu, 14 Jul 2011 00:00 GMT

The EAT has overturned a tribunal�s decision and dismissed equal pay claims brought by two female managers because it found the genuine reason for the difference in their pay continued to be a TUPE transfer.

The News of the World: not the end of the story for staff

Tue, 12 Jul 2011 00:00 GMT

This weekend�s edition of the News of the World (NoW) may have been the last, but with rumours of �The Sun on Sunday� taking its place the legal ramifications for the NoW�s 200 employees are far from over.

Can an employer fairly dismiss an employee due to third party pressure?

Mon, 11 Jul 2011 00:00 GMT

Recent case law suggests that employment tribunals are increasingly willing to consider third party pressure as a sufficient reason to dismiss employees.

Cutting employees' pay: whether management have also taken a pay cut may be relevant to question of fairness

Wed, 06 Jul 2011 00:00 GMT

Where an employee has been dismissed for failing to accept a pay cut whether management have also taken a pay cut may be relevant to whether the dismissal was unfair.

Terminating employment: care needed when drafting termination letters

Wed, 06 Jul 2011 00:00 GMT

A recent decision of the Employment Appeal Tribunal has highlighted the importance of careful drafting when it comes to terminating employment.

Employee not entitled to legal representation at internal disciplinary hearing

Wed, 06 Jul 2011 00:00 GMT

The Supreme Court has ruled that an employee was not entitled to legal representation at an internal disciplinary hearing.

Specific duties to support the public sector equality duty coming into force

Mon, 04 Jul 2011 00:00 GMT

The new public sector equality duty under section 149 of the Equality Act 2010 has been in force since 5 April 2011. Regulations to implement the supporting, specific duties have now been laid before Parliament.

Religious discrimination: Indirect discrimination is lawful if it can be justified

Mon, 27 Jun 2011 00:00 GMT

Two recent cases demonstrate that where an employer can justify its actions and has acted reasonably it will not be liable for indirect religious discrimination.

Employee did not have to be paid while remanded in custody awaiting criminal trial

Fri, 17 Jun 2011 00:00 GMT

The Employment Appeal Tribunal has confirmed that an employer did not unlawfully withhold wages from an employee who was remanded in custody awaiting a criminal trial.

Getting across the line - when can an employer dismiss an employee fairly?

Fri, 17 Jun 2011 00:00 GMT

A charity worker who dressed as Brian the Snail to crawl the London marathon was reportedly sacked for failing to raise enough sponsorship money but was this a fair reason for dismissal?

Ill-health dismissals: EAT gives guidance on employers' considerations

Fri, 17 Jun 2011 00:00 GMT

The EAT has given guidance on how an employer should approach a capability dismissal on ill-health grounds. It confirmed that this is the same approach as in conduct dismissal cases.

Collective agreements on a TUPE transfer: Supreme Court refers question to European Court

Wed, 15 Jun 2011 00:00 GMT

The Supreme Court has handed down its judgment in Parkwood Leisure Limited v Alemo-Herron but the position regarding collective agreements on a TUPE transfer is still unclear.

Working from home during the Olympics: What do employers need to know?

Wed, 15 Jun 2011 00:00 GMT

The Government has urged people in the capital to work from home to avoid potential travel chaos around the 2012 Olympics.

Older workers: withdrawal of insured employment benefits not a foregone conclusion

Wed, 01 Jun 2011 00:00 GMT

A new legal exemption purporting to allow the withdrawal of insured benefits from older employees is proving less helpful than employers first thought.

Right to request flexible working for all employees

Wed, 18 May 2011 00:00 GMT

The statutory right for parents and carers to request to work flexibly looks likely to be extended to all employees in the near future.

Radical shake-up of family leave rights from 2015

Wed, 18 May 2011 00:00 GMT

The Government has set out its proposals for a radical shake-up of family friendly rights from April 2015.

Anonymity in the employment tribunal: will the spread of the super-injunction affect workplace claims?

Wed, 11 May 2011 00:00 GMT

In certain circumstances an employment tribunal can protect the identity of those involved in proceedings. In this article we examine these little known powers and the extent to which they can be used to preserve the parties� privacy.

Agency workers and equal treatment: preparing for October's new law

Tue, 10 May 2011 00:00 GMT

New regulations will soon give temporary agency workers the right to some equality of treatment after 12 weeks in an assignment. Organisations which use such workers and their agencies need to start preparing now.

Pre-employment vetting in the retail sector: help or hindrance for employers?

Mon, 09 May 2011 00:00 GMT

Pre-employment vetting is used by many employers, but how effective is it and what are the potential legal risks?

Treatment of employees on maternity leave: over-cautious approach by employer led to successful sex claim by male employee

Wed, 13 Apr 2011 00:00 GMT

Special treatment given to women who are pregnant or on maternity leave should be proportionate if employers are to avoid sex discrimination claims from men.

National minimum wage to rise above �6 in October 2011

Wed, 13 Apr 2011 00:00 GMT

The new rates for the national minimum wage which will apply from 1 October 2011 have been announced. The adult rate is set to rise above �6.

Internships under the spotlight: employers risk legal breach if they do not pay those doing work experience

Wed, 13 Apr 2011 00:00 GMT

Internships have become more common in the UK�s workplaces but employers might not realise they could be breaking the law if they do not pay those on work experience at least the national minimum wage.

New employment law in force in April 2011

Tue, 05 Apr 2011 00:00 GMT

Are you ready for April�s shower of new employment laws? Employers need to make sure that their HR teams know what is happening and when.

Coming out as gay at work: dos and don�ts for employers

Tue, 05 Apr 2011 00:00 GMT

Employers faced with an employee who comes out as gay at work for the first time may be unsure how they should react: there is little guidance available for organisations.

Fixed term employees: top ten myths expose legal risks for employers

Mon, 04 Apr 2011 00:00 GMT

The law relating to fixed-term employees is more complicated than many employers realise, in this article we expose the �top ten� myths about fixed-term employees.

End of the local government two-tier code: good news for outsourcing

Fri, 01 Apr 2011 00:00 GMT

The Code of Practice on Workforce Matters in Local Authority service contracts was abolished with immediate effect on 23 March 2011.

Public sector equality duty in force from 5 April 2011 but supporting legislation delayed

Mon, 28 Mar 2011 00:00 GMT

The new public sector equality duty will come into force on 5 April 2011 but the specific duties which were intended to support the main duty will be subject to further consultation.

Extension of right to request flexible working is shelved

Mon, 28 Mar 2011 00:00 GMT

It was confirmed in the Budget that an extension to flexible working rights would not take place this April as expected.

Right to request time off for training will not be extended to smaller employers

Mon, 28 Mar 2011 00:00 GMT

It was confirmed in the Budget that the right for employees to request time off to train, will not be introduced for employers with less than 250 people in April 2011 as had been expected.

Equality Act 2010: Dual discrimination provision will not be brought into force

Mon, 28 Mar 2011 00:00 GMT

A provision in the Equality Act 2010 which would have allowed discrimination claims based on a combination of protected characteristics will not now come into force the Government has confirmed.

Equality Act 2010: Codes of Practice in force from 6 April 2011

Tue, 22 Mar 2011 00:00 GMT

The new statutory codes of practice issued by the Equality and Human Rights Commission under the Equality Act 2010 will come into force on 6 April 2011. The current codes of practice which still reflect the old law will be repealed from the same date.

Abolition of the default retirement age: regulations amended to correct concerns over transitional arrangements

Wed, 02 Mar 2011 00:00 GMT

New regulations ending the use of the default retirement age have been amended before they have even come into force to correct a drafting mistake which threatened to create chaos for employers.

Dealing with the death of the default retirement age: implementation checklist for employers

Wed, 02 Mar 2011 00:00 GMT

Time is running out for employers who currently require their employees to retire at 65: the law changes on 6 April 2011.

Diversity in the Boardroom: EHRC to target companies

Tue, 01 Mar 2011 00:00 GMT

Following the publication of Lord Davies' review into women in the boardroom, the Equality and Human Rights Commission has said it intends to make boardroom diversity a priority for its investigations.

Time off for training will not be extended in April

Tue, 22 Feb 2011 00:00 GMT

The right for employees to request time off for training was expected to be extended to smaller employers this April. It has now been confirmed that this will not go ahead.

New disability guidance about to come into force

Tue, 22 Feb 2011 00:00 GMT

New guidance to help courts and tribunals decide if a claimant is disabled for the purposes of the Equality Act 2010 has been laid before Parliament.

Vetting and barring scheme to be significantly scaled back

Tue, 22 Feb 2011 00:00 GMT

The Government has confirmed that the controversial vetting and barring scheme is to be dramatically scaled back.

Abolition of the default retirement age moves closer

Tue, 22 Feb 2011 00:00 GMT

The Government has laid draft regulations before Parliament to implement the abolition of the default retirement age which currently allows employers to lawfully force employees to retire at age 65.

Abolition of default retirement age and employee share schemes

Tue, 01 Feb 2011 00:00 GMT

Companies may need to amend their employee share scheme rules as a result of the abolition of the default retirement age.

Unfair dismissal compensation and statutory redundancy payment increases

Mon, 31 Jan 2011 00:00 GMT

From Tuesday 1 February 2011 employers who dismiss employees unfairly will face a larger penalty: the maximum compensatory award for unfair dismissal will increase to �68,400. The maximum statutory redundancy payment will also go up to �12,000.

Volunteer not protected against discrimination

Thu, 27 Jan 2011 00:00 GMT

The Court of Appeal has ruled that an unpaid volunteer was not protected against disability discrimination.

Reforming employment tribunals and removing burdens from employers: Consultation on workplace disputes launched

Thu, 27 Jan 2011 00:00 GMT

As part of its Growth Review, the Government has launched a consultation on resolving workplace disputes and removing burdens from employers so that they feel more confident about employing people.

Employers facing risks from appearance policies

Thu, 27 Jan 2011 00:00 GMT

Employers may try to recruit employees who "fit" their organisation's brand and values but they may not be aware that in doing so they risk discrimination claims.

Equality body could take action against employers

Wed, 19 Jan 2011 00:00 GMT

Employers may not be aware that the Equality and Human Rights Commission has extensive powers to take or assist action against them in respect of breaches of equality and human rights legislation.

Shared parental leave to be introduced from 2015

Tue, 18 Jan 2011 00:00 GMT

The Government will shortly be launching a consultation on a more flexible system of parental leave to be shared between parents with the aim of introducing changes from 2015.

Positive action in recruitment under the Equality Act 2010: Nothing to fear?

Thu, 13 Jan 2011 00:00 GMT

The Government has published guidance on how the Equality Act's positive action provisions for recruitment and promotion, which are coming into force on 6 April, will work.

New public sector equality duty from April 2011: further details and guidance

Thu, 13 Jan 2011 00:00 GMT

The new public sector equality duty comes into effect on 6 April 2011. New guidance has been published this week to assist public bodies with preparing for the change.

Maternity cover: Employers urged not to get caught out when mothers return to work

Wed, 12 Jan 2011 00:00 GMT

Employers will be aware that women on maternity leave have a right to return to their previous jobs.

Flu fears: What should employers be doing?

Mon, 10 Jan 2011 00:00 GMT

As the seasonal surge of flu continues, we consider what employers should be doing to protect their workforce and how they can prepare for the worst.

Two-tier code for public sector contracts scrapped

Tue, 21 Dec 2010 00:00 GMT

The two-tier code, which restricted the flexibility of contractors to set their own employment terms for staff working on public sector contracts, has been abolished.

Women in the boardroom: Changing the balance - a challenge for 2011

Wed, 08 Dec 2010 00:00 GMT

Gender equality is becoming a hot topic in the boardroom. Listed companies need to start preparing themselves for Government action in 2011 which now looks like a real possibility.

Positive action in recruitment and promotion gets the go-ahead

Wed, 08 Dec 2010 00:00 GMT

The Government has confirmed that provisions in the Equality Act 2010 allowing employers to take "positive action" in recruitment and promotion will come into force in April 2011.

West Mercia Police to trial new powers

Thu, 25 Nov 2010 00:00 GMT

When anti-social behaviour stems from domestic violence, registered providers (RPs) have a key legal remedy available to them.

Snow patrol: How should employers prepare for adverse weather?

Wed, 24 Nov 2010 00:00 GMT

As significant snowfall is forecast for the UK in the next few days, we examine the potential legal issues where employees are unable to get to work due to bad weather.

Preparing for the London Olympic Games 2012: Suggestions for HR

Mon, 22 Nov 2010 00:00 GMT

The International Olympic Committee�s recent inspection of preparations for the 2012 Olympics was a timely reminder to employers, particularly those in London, of the need to start planning for workforce issues during the Games.

Socio-economic duty will not come into force

Thu, 18 Nov 2010 00:00 GMT

The Government has confirmed that the controversial socio-economic duty, which would have required public bodies to consider social disadvantage when designing their services, will be scrapped.

Shoosmiths' key role in social landlord's project

Thu, 18 Nov 2010 00:00 GMT

Shoosmiths is to play a vital role in an initiative that will see Midlands social landlords club together to save money on purchasing materials for a range of maintenance and development projects.

Vetting and Barring Scheme: the chaos continues

Wed, 17 Nov 2010 00:00 GMT

The High Court has ruled that the Safeguarding Vulnerable Groups Act 2006 breaches human rights law.

Compromise agreements: Are they valid?

Thu, 11 Nov 2010 00:00 GMT

The statutory regime for compromising employment claims under the new Equality Act 2010 is currently the subject of unwelcome uncertainty. Employers who are agreeing termination packages with departing employees need to be aware of the potential risks.

Who is the transferor under TUPE? ECJ ruling has consequences for transactions

Tue, 09 Nov 2010 00:00 GMT

Group service companies: European Court of Justice (ECJ) confirms employees transfer even if their employer is not party to a transaction.

TUPE: When does obligation to consult arise? EAT guidance on meaning of 'measures'

Tue, 09 Nov 2010 00:00 GMT

Under TUPE the obligation to consult arises when 'measures' are envisaged. The legislation does not define measures, but a recent Employment Appeal Tribunal (EAT) case has given a wide interpretation.

Redundancy selections: What does a fair selection procedure involve?

Tue, 09 Nov 2010 00:00 GMT

The Employment Appeal Tribunal (EAT) has considered what employers have to do to ensure a fair selection process in redundancy dismissals.

Justifying retirement ages: How can employers avoid age discrimination claims?

Tue, 09 Nov 2010 00:00 GMT

The default retirement age of 65 is expected to be abolished in October 2011. Employers who wish to retain a retirement age are asking how they can justify it.

Future of vetting scheme hangs in the balance

Tue, 02 Nov 2010 00:00 GMT

The Vetting and Barring Scheme (VBS) designed to protect children and the vulnerable is being re-examined by the Government, its fate will be announced early in the New Year.

Supreme Court guidance on when termination by employer is effective

Tue, 02 Nov 2010 00:00 GMT

A recent Supreme Court decision contains important guidance for employers on how - and how not - to terminate an employee's employment effectively.

Government plans radical changes to family friendly rights

Tue, 02 Nov 2010 00:00 GMT

The right to flexible working will be extended to all parents of children under 18 from April 2011 as the first phase of a radical overhaul of family friendly rights recently announced by the Government.

Employers should put performance management at top of agenda

Wed, 20 Oct 2010 00:00 GMT

Managing employees' performance is becoming increasingly important for businesses struggling in a challenging economy.

Comprehensive Spending Review: What it means for housing providers

Wed, 20 Oct 2010 00:00 GMT

The long awaited Comprehensive Spending Review is complete and there are implications for housing providers.

Connaught: The do's and don'ts

Fri, 10 Sep 2010 00:00 GMT

As you are no doubt aware, KPMG is to handle the administration of Connaught's social housing unit, Connaught Partnerships Ltd (CPL).

TUPE transfer is no ongoing defence to equal pay claim

Wed, 04 Aug 2010 00:00 GMT

An employment tribunal ruling suggests contractors should be wary about equal pay claims when they inherit staff on an outsourcing.

TSA Review: Update

Tue, 03 Aug 2010 00:00 GMT

The future of the TSA and its role in the social housing sector received further impetus with Housing Minister Grant Shapps writing to the NHF chief executive outlining the Government�s TSA review and how the sector is regulated and inspected.

New work as RP presentations prove a big hit

Thu, 22 Jul 2010 00:00 GMT

Shoosmiths has won new work after close to 100 influencers attended presentations aimed at helping registered providers (RPs) tackle leasehold and shared ownership issues.

Town or village green risk for developers

Mon, 19 Jul 2010 00:00 GMT

Developers must take seriously the risk to development proposals for open land wherever the land has been used for dog walking, jogging or other sports and pastimes in the recent past.

Can't pay, won't pay: Recovering service charges in hard times

Fri, 02 Jul 2010 00:00 GMT

Despite the first signs of a shaky economic recovery, the after effects of the longest recession in 70 years will be felt for some time, not least when it comes to recovering service charges from leaseholders.

Upper Tribunal case review: Daejan Investment Limited v Benson and Others (2009) UKUT

Fri, 02 Jul 2010 00:00 GMT

This case concerned a dispute over service charges in respect of a property in Muswell Hill, London.

Shared ownership leases: Revolution or evolution?

Fri, 02 Jul 2010 00:00 GMT

The last 18 months have seen significant changes in the affordable housing sector, with the prospect of more to come - not least because of the challenges facing the new coalition government.

Section 20 consultation: The pitfalls and how to avoid them

Thu, 01 Jul 2010 00:00 GMT

If registered providers wish to avoid a cap on the service charge contribution they can recover from leaseholders, they must follow a set process - the Section 20 consultation.

Supreme Court to consider the question of collective agreements on a TUPE transfer

Mon, 21 Jun 2010 00:00 GMT

Companies considering tendering for public sector work where employees� terms and conditions are governed by collective agreements will be concerned to hear that the Supreme Court has granted permission for an appeal in the Alemo-Herron case.

Dealing with grievances: What do managers need to know?

Mon, 21 Jun 2010 00:00 GMT

In this article we set out some guidelines for managers dealing with employees� grievances.

Government orders Vetting and Barring Scheme rethink

Tue, 15 Jun 2010 00:00 GMT

Voluntary registration with the Vetting and Barring Scheme (VBS) due to begin next month has been halted to allow the new coalition government to fundamentally remodel the scheme.

Ten things managers need to know about...misconduct disciplinary situations

Wed, 26 May 2010 00:00 GMT

Change of legal provider was not a TUPE transfer

Tue, 11 May 2010 00:00 GMT

The Employment Appeal Tribunal (EAT) has recently ruled that TUPE did not apply when a client changed the lawyers on its legal panel.

New rates for statutory pay from 4 April 2010

Wed, 07 Apr 2010 00:00 GMT

Do not forget that on 4 April the weekly prescribed rate of statutory maternity, paternity and adoption pay increased to �124.88 (from �123.06) or 90% of the person's average weekly earnings if less than �124.88.

Employees can now ask for time off to train

Wed, 07 Apr 2010 00:00 GMT

The new right to request time off to train came into force on 6 April 2010 for employers with 250 or more staff. It is expected to apply to all other employers from 6 April 2011.

Employers must be prepared for fit notes

Wed, 07 Apr 2010 00:00 GMT

The new statement of fitness for work (fit note) replaced the current medical statement or �sick note� on 6 April 2010.

Regulators to get details of �whistleblowing� claims

Wed, 07 Apr 2010 00:00 GMT

From 6 April 2010 the employment tribunal will be able to send details of cases involving whistleblowing allegations to relevant regulators such as the HMRC.

Additional paternity leave regulations in force this month, but only where baby is due on or after 3 April 2011

Wed, 07 Apr 2010 00:00 GMT

Employers have just under a year to prepare for the extension to statutory paternity leave and pay. Our Q&As provide a starting point.

Employment status: Warning for employers as HMRC gets heavy with WeightWatchers

Mon, 29 Mar 2010 00:00 GMT

A recent ruling by HM Revenue & Customs (HMRC) is a cautionary tale for organisations that use staff they treat as self-employed.

Equality Bill developments: Pre-employment health questions to be outlawed

Mon, 29 Mar 2010 00:00 GMT

The Equality Bill is continuing its passage through Parliament and now looks set to become law before the General Election, widely expected to be held in May.

October National Minimum Wage increase, while apprentices get it for the first time

Mon, 29 Mar 2010 00:00 GMT

This year�s increases in the rates of National Minimum Wage (NMW) have been announced. As expected, apprentices will be entitled to a minimum wage for the first time.

Forum helps housing providers avoid leasehold pitfalls

Mon, 22 Mar 2010 00:00 GMT

Registered providers (RPs) with leasehold and shared ownership housing stock face multiple pitfalls when managing it, Shoosmiths has warned.

Beware public law arguments in anti-social behaviour possession proceedings

Tue, 09 Mar 2010 00:00 GMT

Local authorities have for some time been aware that public law arguments historically dealt with by the Administrative Court, can now be raised as defences in the County Court.

Granting tenancies to minors is no minor matter

Mon, 08 Mar 2010 00:00 GMT

Despite the Law of Property Act 1925 prohibiting anyone under the age of 18 � a minor � from holding a legal estate, registered providers (RPs) continue to grant tenancies to people under 18.

Abandonment? Change the locks at your peril

Thu, 25 Feb 2010 00:00 GMT

The Court of Appeal has ruled in Kalas v Farmer that a judge was entitled to find that a landlord did not reasonably believe their tenant had stopped living in the premises

The Implications Of The Community Infrastructure Levy For Registered Providers

Tue, 23 Feb 2010 00:00 GMT

On 10 February 2010, the Government published the final version of its long awaited Community Infrastructure Levy Regulations (�CIL�).

The new CIL Regulations: The end of the beginning or the beginning of the end?

Wed, 17 Feb 2010 00:00 GMT

Following public consultation in 2009, the Community Infrastructure Levy (CIL) Regulations were put before Parliament on 10 February. Subject to House of Commons approval, they will come into force on 6 April 2010.

Court of Appeal rules in BA crucifix case

Fri, 12 Feb 2010 00:00 GMT

The Court of Appeal has handed down judgement in the case of a British Airways worker who claimed her employer's uniform policy discriminated against Christians.

Former tenancy arrears cannot be used as reason for refusing consent to mutual exchange

Thu, 11 Feb 2010 00:00 GMT

In the case of R (McIntyre) v Gentoo Group Limited [2010], the High Court has held a registered social landlord's decision to impose a condition requiring a tenant to pay former tenancy arrears before it would consent to a mutual exchange was unlawful.

Procurement alert: remedies - just when you thought it was safe...

Thu, 11 Feb 2010 00:00 GMT

The new remedies rules may need to be interpreted in light of a very recent European Court of Justice (ECJ) Judgment in relation to limitation periods for bringing challenges for breach of the public procurement rules.

OFT releases new information sheets

Mon, 08 Feb 2010 00:00 GMT

The Office of Fair Trading (OFT) has released another new arrears and default information sheet.

Fit notes to replace sick notes from April 2010

Tue, 02 Feb 2010 00:00 GMT

Following last year�s consultation on replacing sick notes with fit notes the Government has said it will bring regulations implementing the change into force from April this year.

Contractors' relief at ruling they are not bound indefinitely by third party collective agreements

Tue, 02 Feb 2010 00:00 GMT

In what will be a very welcome decision for employers, the Court of Appeal has ruled that contractors who take on staff as a result of a TUPE transfer are not bound by new collective agreements negotiated by third parties after the transfer.

Statutory paternity leave and pay extended for babies due on or after 3 April 2011

Wed, 27 Jan 2010 00:00 GMT

Statutory paternity leave and pay extended for babies due on or after 3 April 2011

To grit or not to grit?

Tue, 26 Jan 2010 00:00 GMT

The winter of 2009/2010 was said to be the coldest for 30 years.

Codes of practice on discrimination set to change

Tue, 26 Jan 2010 00:00 GMT

The Equality and Human Rights Commission (EHRC) has launched a consultation on three new discrimination codes of practice (the Codes) to support the Equality Bill when it comes into force.

Legal representation at disciplinary hearings may be needed to protect employees' human rights

Tue, 26 Jan 2010 00:00 GMT

The Court of Appeal has ruled that employees may be entitled to legal representation at some internal disciplinary hearings.

Procurement Update: January 2010

Mon, 18 Jan 2010 00:00 GMT

Not only did 2009 end with snow flurries in many parts of the country, there was a flurry of activity on the procurement front, too.

Christian registrar loses civil partnerships fight

Tue, 22 Dec 2009 00:00 GMT

The Court of Appeal has rejected an appeal by the Christian registrar who claimed being forced by her employer to officiate at civil partnerships ceremonies was religious discrimination.

Government to help social landlords tackle unlawful sub-letting and occupiers

Tue, 15 Dec 2009 00:00 GMT

A social landlord, many of you will have been frustrated by tenants who you believe have been sub-letting their properties.

Further government measures to tackle anti-social behaviour

Wed, 02 Dec 2009 00:00 GMT

Hot of the heels of an inquest�s findings into the tragic death of Fiona Pilkington, Gordon Brown and Alan Johnson have announced more measures to combat anti-social behaviour (ASB).

No wheelchair access meant bank breached disability discrimination law

Tue, 01 Dec 2009 00:00 GMT

Disability discrimination laws do not just apply to employers. They also require service providers to make reasonable adjustments for their customers � which could include altering their premises.

National minimum wage: Sleeping-in allowance counted towards minimum wage

Tue, 01 Dec 2009 00:00 GMT

The Employment Appeal Tribunal (EAT) has ruled that a payment made for time spent overnight at a residential care home could be taken into account when calculating whether the employer had paid the national minimum wage (NMW).

TSA joins in National Conversation

Wed, 25 Nov 2009 00:00 GMT

In October 2009 the Tenant Services Authority (TSA) published the first set of formal responses to the second stage of its National Conversation.

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).

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.

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.

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.

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.

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.

October employment law changes

Wed, 30 Sep 2009 00:00 GMT

October is one of two regular implementation periods for employment law changes - the other is April - we round up the changes to look out for.

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.

Inflation or deflation: What will happen to rents?

Mon, 28 Sep 2009 00:00 GMT

April 2010 is just around the corner. We are half way through the financial year and awaiting the inflation/deflation figure, which is the basis for calculating rent increases for housing associations (HAs).

OFT bid rigging investigations: What does it mean for RPs?

Wed, 23 Sep 2009 00:00 GMT

Last April the Office of Fair Trading (OFT) announced an investigation into suspected construction industry bid rigging, alledging contractors had engaged in 'cover pricing' - agreeing to submit inflated bids designed not to win a tender.

Mortgage rescue: does it work?

Fri, 11 Sep 2009 00:00 GMT

Despite its good intentions, is the Government�s Mortgage Rescue scheme working for Registered Providers (RPs) and � more importantly � vulnerable households and families?

Shared Services Arrangements: Further opportunities?

Tue, 25 Aug 2009 00:00 GMT

Like all organisations in the middle of a recession, Registered Providers (RPs) will be scrutinising their operating costs.

New asbestos survey regime heralds strict obligations

Wed, 05 Aug 2009 00:00 GMT

Those responsible for protecting others from deadly asbestos in buildings will soon have strict new guidelines to follow.

Radon: The new asbestos?

Tue, 28 Jul 2009 00:00 GMT

Most organisations are aware of the consequences of exposing their workers to asbestos. Fewer appreciate the risks of exposing employees to radon, an odourless, colourless, and tasteless gas that seeps through the ground and becomes trapped in buildings.

Law firm helps Leyfields look its best

Fri, 12 Jun 2009 00:00 GMT

A team of volunteers from a national law firm swapped files for forks and dug in to help smarten up a Lichfield open space.

Flexible Section 106 Agreements for Registered Providers

Mon, 09 Mar 2009 00:00 GMT

What can a Registered Provider (RP) do when faced with a completed Section 106 Agreement containing obligations or terms, but which it is unhappy with?

Social Housing: Tolerated Trespassers and Family Intervention Tenancies under the Housing and Regeneration Act 2008

Thu, 22 Jan 2009 00:00 GMT

Join us in our Birmingham office at one of our regular legal updates which will give you a chance to keep your knowledge up-to-date and to network with colleagues from other housing organisations, over a bite to eat.

Shoosmiths partner hits the Hot 100

Wed, 07 Jan 2009 00:00 GMT

Shoosmiths partner and housing specialist Andy Ballard has hit the prestigious Lawyer Hot 100 for 2009.

Family Intervention Tenancies

Fri, 02 Jan 2009 00:00 GMT

Shoosmiths� Social Housing team explains Family Intervention Tenancies, and urges caution when dealing with what can become a legislative minefield.

Full steam ahead for personal pension accounts

Tue, 09 Dec 2008 00:00 GMT

The Pensions Act 2008, implementing the Government�s workplace pension reforms, received Royal Assent on 26 November. Most reforms are expected to take effect from 2012.

Easy access to contact details via .tel domains

Wed, 19 Nov 2008 00:00 GMT

New .tel domain names will allow businesses to store and manage their contact details in a directory accessible from any device connected to the internet.

Pressetext case set to be landmark

Wed, 12 Nov 2008 00:00 GMT

When do changes to an existing public contract amount to the award of a new contract under EU procurement rules?

Thresholds: Contracts of cross border interest

Tue, 11 Nov 2008 00:00 GMT

When do Part B or below the threshold contacts have to be advertised? This is a topical issue, touched on in our Summer 2008 newsletter.

Remedies Directive Consultation

Mon, 10 Nov 2008 00:00 GMT

The Remedies Directive was adopted by the EU Council of Ministers and the European Parliament on 11 December 2007 and published in OJEU on 20 December 2007.

Internet expansion: the new .brand gTLD

Tue, 04 Nov 2008 00:00 GMT

The anticipated new registration scheme allowing companies to apply to register their own gTLD�s will see a huge change in the way in which the internet is structured.

Breach of injunction order leads to imprisonment and possession of tenant's property

Wed, 29 Oct 2008 00:00 GMT

A West Midlands Housing Association (Association) successfully obtained an on notice Injunction Order against one of its tenants, as a result of noise which caused substantial nuisance and annoyance to an owner occupier family who lived next door.

Group of youths subject to ASBO orders

Wed, 29 Oct 2008 00:00 GMT

Wolverhampton City Council has recently secured ASBOs in relation to four youths who had been terrorising the All Saints area of the City.

Application to fix a date for possession results in second trial

Fri, 24 Oct 2008 00:00 GMT

A Housing Association ("Association") has managed to secure a date for possession against a man who drilled holes in his neighbour's 16 year old daughter's bedroom ceiling in order to spy on her.

New regime for temporary agency workers approved by Europe

Wed, 22 Oct 2008 00:00 GMT

The European Parliament has approved the controversial temporary agency workers directive after six years of wrangling between EU members. The directive allows for temporary workers in the EU to be treated equally from day one.

Stress in the workplace: reasons to be fearful

Mon, 20 Oct 2008 00:00 GMT

Employers owe a duty of care to staff, and must do all they can to protect employees� health and safety at work. This extends to protecting employees� mental health. Employers failing to do so can be liable for unlimited damages for psychiatric injury.

Stamp Duty suspension welcomed for residential property to �175,000

Tue, 02 Sep 2008 00:00 GMT

Shoosmiths partner and head of direct conveyancing David Parton says suspending Stamp Duty on homes up to �175,000 will be welcomed by home buyers.

Extension to flexible working from April 2009

Thu, 28 Aug 2008 00:00 GMT

The Government has announced that it will extend the right to request flexible working to parents of children up to and including the age of 16 in April 2009.

Jumping the gun on retirement was age discrimination

Wed, 20 Aug 2008 00:00 GMT

In a recent case an employer paid a heavy financial penalty for retiring an employee one day before his 65th birthday. The employment tribunal awarded the employee over �36,000 in compensation.

Equal pay claims could cost employers dearly on a TUPE transfer

Tue, 19 Aug 2008 00:00 GMT

A recent Employment Appeal Tribunal (EAT) judgement in the case of Sodexo v Gutridge examined the effect of TUPE (the Transfer of Undertakings (Protection of Employment) Regulations 2006) on transferring employees� claims for equal pay.

Further concern for landlords after spate of boiler explosions

Mon, 28 Jul 2008 00:00 GMT

A new Safety Alert concerning solid fuel back boilers has been issued by the Health and Safety Executive after a spate of explosions, one of which led to a fatality.

Possession proceedings against tenant with a disability is lawful

Wed, 25 Jun 2008 00:00 GMT

The House of Lords upheld a local authority�s appeal after a tenant suffering schizophrenia claimed he was discriminated against when he was issued with a Notice to Quit.

Landlords must have robust gas safety procedures

Mon, 09 Jun 2008 00:00 GMT

Over recent months there have been a number of high profile cases which have been reported about gas incidents in properties owned or managed by housing landlords.

Social housing: OFT report on unlawful bid rigging and cartel activity

Thu, 22 May 2008 00:00 GMT

Housing Associations will be aware from the recent publicity that the Office of Fair Trading (OFT) has issued Statements of Objection (SO) to 112 building contractors many of whom are known to Housing Associations having worked together over many years.

Social Housing Law Update March 2008

Thu, 13 Mar 2008 00:00 GMT

S (Appelant) v Jacqueline Floyd (Respondent) and Equality and Human Rights Commission (Intervener) (2008)