Financial Services Company Had ‘Legitimate Business Reasons’ for Placing Trader on Garden Leave

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In an important decision that strengthens the hand of employers facing hard times, the High Court has ruled that a financial services company had legitimate business reasons for placing a highly-paid bond trader on garden leave. The trader was on a minimum five-year contract and, on top of his basic salary, was entitled to a […]

13/12/2017 by Malc

Company That Sent 2.2 Million Unsolicited Texts Fined £130,000

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Unsolicited marketing messages are a modern scourge that causes upset to millions. However, in a case that showed that the authorities are far from powerless to deal with such abuses, a claims management company that sent more than 2.2 million texts received fines totalling £130,000. The company was responsible for a deluge of texts that […]

08/12/2017 by Malc

Premier League Club Triumphs in Transfer Market Tax Dispute

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The distinction between taxable remuneration arising from employment and tax-free compensation for the surrender of employment rights is a crucial one but has proved perennially tricky. In a test case of critical importance to professional sports clubs and their players, a tribunal ruled that termination payments made to two Premier League footballers fell on the […]

07/12/2017 by Malc

Supermarket Chain Indirectly Liable for Rogue Employee’s Data Leak

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Can employers be held liable for the criminal actions of rogue workers who disclose colleagues’ personal data on the Internet? In an important test case arising from a huge data leak from the personnel files of a supermarket chain, the High Court has answered that question in the affirmative. The case concerned a trusted IT […]

06/12/2017 by Malc

Packaging Company Fined £400,000 Following Workplace Accident

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Judges take a tough line against health and safety breaches at work and are intent on sending out a message to employers that laxity will not be tolerated. In one recent case, a packaging company was hit with a six-figure fine after a worker’s toes were amputated by an industrial machine. The machine was the […]

06/12/2017 by Malc

Employer Pays for Unwise Attempt to Soften the Blow of Dismissal

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When workers are dismissed for poor performance, it is understandable that some employers might wish to soften the blow by giving some other reason. However, as one case showed, there is a duty not to mislead employees and such deviations from the truth can cause a host of difficulties. The case concerned a lawyer who […]

05/12/2017 by Malc

Trusting Your Legal Affairs to Loved Ones Is Risky – See a Lawyer!

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It is all very well leaving all your legal affairs in the hands of a loved one you trust but, as one Court of Appeal case strikingly showed, taking independent legal advice is always a good idea, particularly when it comes to property transactions. The case concerned a husband and a wife who had a […]

05/12/2017 by Malc

Employment Status – Uber Case Must Go to Court of Appeal

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After losing its case in the Employment Appeal Tribunal, which found that Uber drivers are workers and thus have the right to be paid the National Minimum Wage or the National Living Wage and to receive holiday pay (Uber B.V. and Others v Aslam and Others), Uber disputed the finding and continues to insist that […]

05/12/2017 by Malc

National Minimum Wage Rates 2018/2019

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The Government has accepted the Low Pay Commission’s recommended rates for the National Living Wage (NLW) and the National Minimum Wage (NMW) that will apply from 1 April 2018. These are as follows: The NLW, which applies to those aged 25 and over, will increase from £7.50 to £7.83 per hour; The NMW for 21- […]

03/12/2017 by Malc

Extended Criminal Record Certificates – A Balance Must Be Struck

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Those who work with children or vulnerable adults are required to have extended criminal record certificates (ECRCs) so that prospective employers can judge whether they are fit to perform such sensitive roles. However, as one Court of Appeal case showed, a careful balance has to be struck between disclosure of information and the serious blight […]

30/11/2017 by Malc