A bankrupt who is entitled to obtain a pension simply by asking for it cannot seek to have it protected from his creditors, the High Court ruled recently. The bankrupt had a pension policy which he was entitled to take,…
In 2008, Mid Essex Hospital Services NHS Trust awarded Medirest a contract to supply catering services for seven years. Payment for the catering services was by way of monthly payments, which could be reduced in the event of service failures…
There is a presumption in law that where a property adjoins a highway, the landowner owns the soil up to the middle of the highway unless it can be shown that this is clearly not intended to be the case…
Two recent High Court decisions underline the importance for businesses of reviewing the restrictive covenants in an employee's contract when they are promoted and making sure the employee signs and returns the new contract. In the first case, the employee's…
The Court of Appeal has rejected a claim for damages by a woman climber who was injured when a stunt being filmed for a television production went wrong. The woman was on a climbing expedition in Ecuador during which she…
In an important test case, the Court of Appeal has been asked to decide whether the test of ‘proportionality’ laid down by the European Convention on Human Rights (ECHR) should be applied to unfair dismissal cases (Turner v East Midlands…
An employment contract which was retained and not signed by the relevant worker remains valid for the purposes of enforcing restrictive covenants contained within it, a High Court judge has ruled. Benefits received by the worker under the terms of…
The Court of Appeal has urged employment tribunals to ensure that an exception to National Minimum Wage (NMW) legislation, designed to benefit both employers and workers, is not exploited as a device to obtain cheap domestic labour. The court was…
The level of protection afforded to those who carry out work for someone else is not provided on a uniform basis. Some employment rights are conferred only on employees, whereas other rights are available to a wider category of workers,…
Currently, bringing an employment tribunal (ET) claim is free of charge. However, the cost of running the ET service is £84 million per annum. Earlier this year, as part of the Government’s Employment Law Review programme, the Ministry of Justice…
