The Practical Lawyer

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Employment

Constructive dismissal – salary cut

Constructive dismissal claims are often based around a breach of ‘trust and confidence’.

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GDPR – references

GDPR impacts on the giving of references:

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References – disciplinary action?

Cases on negligent statements in employment references are few and far between.

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Shared parental pay – discrimination

An employer paid maternity pay at full pay rates, while shared parental pay was merely paid at the (lower) statutory rate.

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Income tax – injury to feelings

A termination payment made to an employee for ‘injury to feelings’ (in respect of age discrimination) is not taxable.

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Worker – Addison Lee

Another gig-economy case has been decided with, in this instance, the EAT deciding that a cycle courier was a ‘worker’ (and so entitled to paid holiday).

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Notice – start date?

Suppose an employee is sent a letter of dismissal by post. The letter is delivered, but the employee is on holiday and says she did not read it until a later date.

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Damages – Wrotham Park

For the first time, the Supreme Court has looked at the principles surrounding Wrotham Park damages.

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Disability – occupational health

To what extent can an employer simply follow the advice of an occupational health advisor?
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Fixed-termers – discrimination

The Fixed-Term Employees Regs 2002 prohibit discrimination against employees on fixed-term contracts. 
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Most-read articles

Probate fees – increase
Tuesday, 09 April 2019
The much-criticised increase in probate fees comes into effect in April 2019 and apply whether or not a solicitor is involved.  Read more...
SRA – Standards and Regulations introduced November 2019
Tuesday, 09 April 2019
We reported in our February 2019 edition (p32) and March 2019 edition (p33) that the SRA is phasing in its introduction of the new ’Standards and Regulations’ which will replace the 2011... Read more...
LiP – keep informed?
Tuesday, 09 April 2019
We do not usually report on changes which are not yet in force. However, litigators have been warned to expect changes to the processes relating to litigants in person which might come into effect on... Read more...
Interim costs order – when to exercise
Tuesday, 09 April 2019
The Gazette reports on an interesting County Court case where an interim costs order has been granted to solicitors where the full value of the claim will not be quantified until 2022. Read more...
Defective Premises Act – L liable
Tuesday, 09 April 2019
The CA has held that a social L was liable to a T for injury caused due to a faulty drain cover. Read more...
Service charges – recovery of more than 100%?
Tuesday, 09 April 2019
We reported in our February 2019 edition (p24) that the RICS Code of Practice Service Charges in Commercial Property (1st edition) comes into force on 1 April 2019. Read more...
Allotments – protection
Tuesday, 09 April 2019
With the increasing pressure to build new homes, there is a possibility that areas designated for allotments might be under threat of development. Read more...
Children – standard of proof
Tuesday, 09 April 2019
The Court of Appeal refused F’s appeal against the judge’s findings in care proceedings under Part IV CA 1989 that he had sexually abused his daughter (Y). Read more...
NDA – ignoring!
Tuesday, 09 April 2019
Recently, some employees have spoken publicly about sexual harassment in breach of NDA confidentiality obligations.  Read more...
Offences – assault; emergency workers
Tuesday, 09 April 2019
The Assaults on Emergency Workers (Offences) Act 2018 follows the increasing number of assaults on emergency workers in the UK.  Read more...

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