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  • Acas Guidance on Overtime

    13th August 2018

    The Advisory, Conciliation and Arbitration Service has produced revised guidance on overtime taking account of recent court decisions which have indicated that all overtime worked should normally be included when...

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  • Voluntary Overtime and the Calculation of Holiday Pay

    13th August 2018

    Following on from the decision in Bear Scotland Limited and Others v Fulton and Others that payments for overtime which employees are required to work but which their employer is...

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  • Failure to Control Knotweed Proves Costly for Landowner

    13th August 2018

    Japanese knotweed is a very considerable pest – 'indisputably the UK's most aggressive, destructive and invasive plant', according to the Environment Agency –as it can cause damage to buildings, spreads...

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  • Disability Discrimination – Sacked Teacher Wins Almost £650,000 in Damages

    1st August 2018

    Making reasonable adjustments for disabled employees often includes ensuring that they are not overworked. The point was resoundingly made by one case in which a cystic fibrosis sufferer who was...

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  • Dismissal for Misconduct Short of Gross Misconduct Was Not Unfair

    1st August 2018

    Is it automatically unfair to dismiss an employee whose misconduct falls short of being gross misconduct? In a guideline decision, the Employment Appeal Tribunal (EAT) has answered that question with...

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  • Jail for Husband Who Flouted Court Ruling

    31st July 2018

    Court orders have to be obeyed and those who defy them can ultimately be sent to prison. Exactly that happened in one 'big money' divorce case in which an 83-year-old...

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  • ISPs Entitled to Recover Cost of Blocking Rip-off Sites

    31st July 2018

    Copyright violation is rife on the Internet, with 'knock-off' copies of branded goods being regularly offered on trading sites and whole websites set up to offer imitations of name brands.The...

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  • Supreme Court Rejects Pimlico Plumbers' Appeal in Employment Status Case

    30th July 2018

    There have been a number of recent cases looking at the precise employment status of those working for employers who like their operatives to appear to clients as their representatives...

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  • Trading With the Public? Do You Understand Your Legal Duties?

    25th July 2018

    Anyone who deals with the public is potentially exposed to liability and that is why it is sensible for traders to seek legal advice specific to their business about the...

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  • Pre-Nup Upheld When Implications Understood

    16th July 2018

    Family judges will approach pre-nuptial agreements with greater respect following a landmark Court of Appeal ruling in a 'big money' divorce case.The Court agreed with Lord Phillips' opinion in Radmacher...

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  • When Does Notice of Termination Take Effect?

    29th June 2018

    Exactly when notice of termination takes effect can impact on an employee's entitlement to certain benefits or employment rights. In the absence of an express term in the employee's contract,...

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  • The 'Final Straw' and Constructive Dismissal

    29th June 2018

    It is an implied term of any contract of employment that an employer should not act in a way that is likely to destroy or seriously damage the trust and...

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  • Appointing a Professional Executor Just Makes Good Sense

    29th June 2018

    Family members can sadly not be guaranteed to get along, which is one good reason why it makes sense to appoint a professional to act as an independent executor of...

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  • Inheritance Tax – 'Hope Value' Relevant to Property Valuations

    27th June 2018

    When valuing a property for Inheritance Tax (IHT) purposes, is it legitimate to take into account its potential for enlargement or improvement – so-called 'hope value'? In a guideline ruling,...

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  • Basing Bonuses on Company Valuations Can Be Fraught With Difficulty

    25th June 2018

    Valuing companies is an inexact science and the only real measure is what a buyer would be willing to pay for them. In one case on this topic, a businesswoman...

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  • Court of Appeal Gives Guidance on Time Limits in Employment Cases

    25th June 2018

    Employment cases are subject to tight time limits, and delay in seeking legal advice can result in meritorious claims being dismissed without a hearing. However, in an important decision, the...

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  • Dealing With Employee References

    25th June 2018

    Contrary to popular belief, except in certain sectors (e.g. education and financial services), employers are not legally obliged to provide those who leave their employment with a reference unless they...

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  • Disappointed Children Fail to Overturn Will

    22nd June 2018

    When a will is made late in life which materially changes how an estate is to be distributed (especially when the new will favours one of a number of children),...

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  • Indian Man Who Lived in the UK for 12 Years is Domiciled in the UK

    22nd June 2018

    Domicile is a complex and rather opaque notion, but corresponds more or less with where a person 'belongs'. How a deceased person's estate is dealt with crucially depends on where...

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  • Data Protection Latest

    20th June 2018

    You'd have to be living on Mars not to know that the General Data Protection Regulation (GDPR) is now in force. Its strict provisions must be complied with (the penalties...

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  • Business Owners – How Secure Are You Against Sudden Eviction?

    20th June 2018

    Business owners that fail to take legal advice and occupy premises on an uncertain basis are always at risk. In a High Court case exactly on point, a business college...

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