In cases of unfair dismissal, if the Employment Tribunal (ET) accepts that the employee’s dismissal took place for one of the potentially fair reasons for dismissal and a fair procedure was followed, the test becomes whether or not the employer’s…
Regulation 8(7) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) disapplies the normal rules that apply when there is a relevant transfer of a business if 'the transferor is the subject of bankruptcy proceedings or any analogous…
Local councils have a legal responsibility to provide support for people with a disability to assist them to live independently in the community. However, they also have a responsibility to manage their budgets and keep expenditure under control. The potential…
The recent case of of Coventry (t/a RDC Promotions) v Lawrence [2014] UKSC 13 may mean that adjoining owners are less likely to be able to hold up development by pursuing right to light injunctions. Whilst the Coventry case dealt…
The Immigration Act 2014 received its Royal Assent on 14th May 2014. Subject to Parliamentary approval, it is anticipated that a new scheme will be implemented from October 2014 that will affect private landlords who are taking on new tenants.…
An attempt by campaigners to stall construction of an incinerator and energy from waste facility has failed after the High Court rejected pleas that a local authority’s blunder had circumvented proper consideration of environmental issues and public participation in the…
In a case which balanced the pressing need for more sources of renewable energy against potential impacts on scheduled ancient monuments, a mineral water firm has fought off a High Court challenge to its planning permission for the erection of…
Taxpayers will welcome confirmation by the First-tier Tribunal (Tax Chamber) that agreements with HMRC may be in full and final settlement without being explicitly labelled as such. However, if relying on this implicit status, taxpayers must carefully analyse the correspondence…
The First-tier Tribunal (Tax Chamber) has held that a significant change in business constituted a cessation of one business and the commencement of a second business. Consequently, the taxpayer in this case was able to claim entrepreneurs' relief on the…
Businesses that use flexi-time schemes should take note of a recent EAT judgment that an employee, who was not paid on termination of employment for over 1000 extra hours worked under a flexi-hours scheme, had not suffered an unlawful deduction…