The Practical Lawyer


ET – proving race discrimination

The CA has reaffirmed the test for proving race discrimination, and the process the ET must follow in deciding whether an allegation is well founded.

Subscribers only...

Whistleblowing – is defamation in the public interest?

Since 2013 whistleblower protection has only been available to workers who reasonably believe that the disclosure is in the public interest.

Subscribers only...

Right to work checks – a reminder

Right to work checks are the obligations placed on employers to conduct checks to prevent illegal working.

Subscribers only...

EU Settlement Scheme – a reminder

Whether there is a Brexit deal or no deal, EU nationals and their family members who have been living in the UK for five years may be eligible for settled status.

Subscribers only...

EU citizens – right to work checks

The government has issued guidance on employing EU, EEA and Swiss citizens, and their family members, after Brexit.

Subscribers only...

NDA – ignoring!

Recently, some employees have spoken publicly about sexual harassment in breach of NDA confidentiality obligations. 
Subscribers only...

Dignity at work policy – top tips

All employers are advised to have a dignity at work policy. It can cover issues such as protecting employee safety by prohibiting harassment and bullying in the workplace and setting out the employer’s position on equal opportunities for all employees.
Subscribers only...

Employment rights – is ‘self-employed plus’ the answer?

People providing services to employers are increasingly regarded as workers, rather than self-employed.
Subscribers only...

Substitution – ‘employee’ status not precluded

The EAT has upheld a decision of the ET confirming that a carer enjoyed employee status, despite the presence of a number of factors suggesting that she was self-employed, including being paid gross and paying her own tax and NI.
Subscribers only...

Equal pay law – avoiding pitfalls

We reported in our March 2019 edition (p14) on the Asda workers’ equal pay claim in which the CA held that staff who work in stores are entitled to compare their wages to warehouse employees.
Subscribers only...

Page 8 of 66

Most-read articles

Intestacy – statutory legacy
Wednesday, 12 February 2020
The statutory legacy under the intestacy rules has increased to £270,000 with effect from 6 February 2020. It’s the first increase since October 2014. Read more...
Unsolicited publicity – SRA guidance
Wednesday, 12 February 2020
Some practitioners were somewhat aghast to read para 8.9 in the new Code of Conduct for solicitors as follows: Read more...
Part 36 offer – includes interest
Wednesday, 12 February 2020
Part 36 is a provision of the CPR which is intended to encourage parties to settle disputes without going to trial. A Part 36 offer made by either the claimant or defendant is a tactical step... Read more...
Slipping claims – burden of proof
Wednesday, 12 February 2020
In general, the law on slipping cases is reasonably settled and straightforward. An interesting article considers a question which often arises in practice, namely whether the defendant bears an... Read more...
MEES – domestic rentals reminder
Wednesday, 12 February 2020
We last reported on the MEES Regulations in our May 2019 edition (p24). The Domestic Minimum Energy Efficiency Standard (MEES) Regulations set a minimum energy efficiency level for domestic private... Read more...
Lease to family – not a relevant disposal
Wednesday, 12 February 2020
Under s1(1) LTA 1987 L shall not make a ‘relevant disposal affecting any premises to which at the time of the disposal this Part applies’ unless it has previously served notice in accordance with... Read more...
Oral trust for third party – not binding
Wednesday, 12 February 2020
A recent CC decision is an important reminder to property practitioners to advise clients to ensure that any declaration of trust is in writing. Section 53(1)(b) LPA 1925 states that: Read more...
Civil partnerships – opposite sex
Wednesday, 12 February 2020
The Civil Partnership (Opposite-sex Couples) Regulations came into force on 2 December 2019 enabling mixed-sex couples to enter into a civil partnership, as an alternative to marriage or cohabitation. Read more...
Ethical veganism – a philosophical belief
Wednesday, 12 February 2020
A vegan is someone who does not eat or use animal products. 'Ethical' veganism is more than just not eating or using animal products – it goes beyond this in that ethical vegans try to exclude all... Read more...
Stalking – orders
Wednesday, 12 February 2020
The perpetrators of stalking can now be banned from approaching and/or contacting their victims under police powers that came into force on 20 January 2020. Under the Stalking Protection Act 2019,... Read more...


IAG International
In House Lawyer
MSI Global Alliance
Join the IBA now!