The Practical Lawyer

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Employment
 

WTR – rest breaks

The Working Time Regulations 1998 provide that most workers who work more than six hours have the right to an uninterrupted 20-minute rest break. 
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Employment – criminal record checks

Employers must verify the identity and immigration status of all employees. They are required to keep copies of relevant passports, visas and work permits. 
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DBS checks – good practice

The Information Commissioner’s Office (ICO) has provided guidance on how employers should screen applicants (although not yet updated post-GDPR):
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Flexible working – yes or no?

The expansion of the statutory right to request flexible working to all employees in 2014, coupled with improvements to technology, mean that such practices are becoming the norm.
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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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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...

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