The Practical Lawyer


Unpaid work trial – guidance

Employers are required to pay the national minimum wage or national living wage to those who ‘work’ for them. 
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Vicarious liability – employees fighting

Rather like buses, we can wait a long time for a court decision on a topic such as vicarious liability and then three come along at once.
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Vicarious liability – Barclays and Morrisons

Two 2018 cases showed the increasingly wide scope of vicarious liability:
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Data – personal devices

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Restrictive covenant – single share?

An employee of an executive search company resigned to work for a competitor. Her ex-employer sought an injunction, relying on a six-month restrictive covenant not to be ‘directly or indirectly engaged or concerned or interested in any business carried on in competition’.
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CGT – entrepreneurs relief

The Budget has tightened up the qualifying conditions that have to be met for entrepreneurs relief (which exempt gains on the sale of a ‘trading’ business from capital gains tax). 
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Annual holiday – not claimed

The ECJ had held that a ‘worker’ does not automatically lose the accrued right to paid annual leave because of a failure to ask for it. 
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Harassment – ‘fat ginger pikey’

An ET has held that it was not harassment to call a fellow employee a ‘fat ginger pikey’. This was despite the fact that the employee had type 1 diabetes.
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Staff handbook – changing

A staff handbook will generally be a guide to the organisation’s procedures, without being intended as a contractual document. 
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Restrictive covenant – no signature

An employee started work in 2008, and was promoted in 2011, and 2016. The company sought to enforce restrictive covenants, and produced three contracts (2008, 2011 and 2012), none of which was signed.
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Page 4 of 59

Most-read articles

Probate fees – increase delayed
Thursday, 09 May 2019
We reported in the April 2019 edition (p34) on the increase of probate fees which was due to come into effect in April 2019. Read more...
VAT Order – construction services
Thursday, 09 May 2019
The VAT (s55A) (Specified Services and Excepted Supplies) Order 2019 comes into effect in relation to supplies made on or after 1 October 2019. Read more...
Brexit – impact on solicitors
Thursday, 09 May 2019
The Law Society has issued guidance for solicitors on the impact of the postponement of the UK’s departure from the EU. Read more...
RTA claims – no lawyers
Thursday, 09 May 2019
The Gazette reports that the MoJ has issued a consultation as to how to create an IT platform to enable unrepresented litigants to progress their own claim. Read more...
CFAs – no automatic 100% success fee
Thursday, 09 May 2019
In RTA claims, may firms routinely set a 100% success fee and claim the maximum limit of 25% of total damages. Read more...
T’s failure to respond – not a refusal of access
Thursday, 09 May 2019
The UT has held that T’s failure to reply to a letter from L requesting access to the property did not amount to a refusal of access. Read more...
MEES non-domestic rentals – reminder
Thursday, 09 May 2019
The MEES regulations are designed to tackle the least energy efficient properties in England and Wales and the Regs establish a minimum standard of EPC band E for domestic and non-domestic private... Read more...
‘Highway’ – no single meaning
Thursday, 09 May 2019
The SC has recently clarified the meaning of a highway. Read more...
Procedure – divorce
Thursday, 09 May 2019
Divorce practitioners may be particularly interested in the background to a recent case setting out the administrative processes and procedures by which errors in divorce proceedings are picked up... Read more...
EU citizens – right to work checks
Thursday, 09 May 2019
The government has issued guidance on employing EU, EEA and Swiss citizens, and their family members, after Brexit. Read more...


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