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Employment

Cohabitation – a breach of faith?

In the so called ‘gay cake’ discrimination case, the SC held that the refusal by a Northern Irish bakery to make a cake which included the slogan ‘support gay marriage’ was not discriminatory. 
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Payslip – deadline reminder

Changes relating to the provision of payslips are being imposed on employers and come into force on 6 April 2019.
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Asda workers – equal pay claim

We have reported on the equal pay claim of a large number of employees, mostly women, who work for Asda.
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Unfavourable treatment – not ‘detriment’

The SC has confirmed that in the context of a disability claim, unfavourable treatment is not the same as detriment.
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Promotion – stable working relationship

A claimant has six months from the end of their employment to bring an equal pay claim under the Equality Act 2010. 
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Disability payments – no right to dismiss

There is an implied term in a contract of employment that an employee will not be dismissed for incapacity while on long-term disability benefit.
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Unpaid holiday – back claims

In December 2017, the ECJ held that self-employed contractors who are, in fact, workers can claim back paid annual leave going back many years once their ‘worker’ status is established. 
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IR35 – phased abolition

IR35 is designed to combat tax avoidance. It has been relied upon by end users who use independent contractors via personal services companies. 
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Incompetence – not discrimination

The CA has held that an incompetent process does not amount to discrimination.
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Uber drivers – ‘workers’

While on the subject of Uber, the CA has recently considered an appeal against the EAT decision on the status of Uber drivers.
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Air space and ground below - common parts
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UKUT has held that leases of the airspace above and ground below a leasehold block of flats must be classed as common parts of the building and were able to be acquired. Read more...
Buyout obligation - not triggered until price determined
Monday, 16 September 2019
The CA has reached a common-sense decision in relation to buying out an outgoing partner's share. The case involved a family-owned agricultural partnership agreement which provided that on retirement... Read more...
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The new codes of conduct for solicitors and firms come into force on 25 November 2019. The SRA is releasing guidance on various aspects of the new standards and regulations and has recently made... Read more...
Consumer Contracts Regulations - a reminder
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In its guidance on client care letters, the SRA reminds us in passing that the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 require legal services providers... Read more...
Eviction of squatters - what are the options?
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Trespass to land is where a person or persons enters onto or remains on land without the express or implied consent of the person with immediate right to possession, eg where a neighbour builds a... Read more...
Experts - joint statement
Monday, 16 September 2019
CPR 35.12 provides for discussions between experts. These are not obligatory unless directed by the court, but such direction may be given at any stage of the proceedings. The object of the... Read more...
HMLR plans - defects
Monday, 16 September 2019
HMLR PG40 contains various supplements detailing the requirements in relation to plans accompanying HMLR applications. Supplement 2 (guidance for preparing plans) has been updated to state that: Read more...
Letting agency - masquerading as membership club
Monday, 16 September 2019
A London trading standards team recently prosecuted a director of a company for setting up what was described as a member's club, but which in reality was a lettings agency. The purpose of such was... Read more...
Philosophical belief - scope extended?
Monday, 16 September 2019
The Equality Act 2010 provides protection against discrimination based on nine characteristics, one of which is any religious or philosophical belief. Not all religions or beliefs are covered by the... Read more...
Pleadings - third party enquiries
Monday, 16 September 2019
The CA has recently considered the scope of CPR r16.5 which prescribes that: Read more...

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