The EAT has heard a case arising from a redundancy exercise where a claimant on maternity leave thought that the job had been kept open. The case summary is as follows: ‘Unfair Dismissal The claimant was on maternity leave when a redundancy exercise took place in which 21 team leader posts were reduced to 16. …
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In our July/August 2024 edition (p27) we referred to the Law Commission’s proposed consultation on whether the right to renew business tenancies, set out in Part 2 of the Landlord and Tenant Act 1954, is working and whether it meets the needs of business tenants and landlords. The first consultation paper has been released seeking …
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A case which will interest employment practitioners everywhere is one where the EAT had to consider an application for an extension of time to lodge an appeal. A firm of solicitors acting for the claimants requesting an appeal lodged documents via e-filing but not the ETs full written reasons. The firm then had some written …
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Property practitioners must keep a close eye on the progress through the legislature of the Renters Rights Bill. Much legislation on leasehold and other matters has been proposed in recent years and has fallen by the wayside – but the government seems committed to this Bill which will see the biggest change to the private …
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The EAT has heard an appeal against a ruling that a claim of unlawful deduction was made out of time. The case summary states: ‘Jurisdictional / time points The Employment Tribunal (“ET”) dismissed the claimant’s claims for notice pay and holiday pay on the basis that it did not have jurisdiction as the claim form …
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If the above changes are introduced, property practitioners may find themselves advising clients to pursue mediation for landlord and tenant disputes. Note that the Property Redress Scheme has rebranded and is now called ‘Property Redress’ and there is a new-look website. It is one of two government approved schemes covering the sales and letting sector. …
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The EAT has heard a case involving a union’s employment solicitor. The case summary is as follows: ‘TRADE UNION RIGHTS & VICTIMISATION An Employment Tribunal erred in its approach to the burden of proof. The Claimant had been employed as an employment law solicitor for the RMT. He took proceedings against the RMT. He was …
Continue reading “EAT – discrimination and victimisation”
The UT (Lands Chamber) has heard an interesting appeal from the FTT (Property Chamber) involving breach of covenant of a lease. A property was converted into flats without planning permission – the court had to consider whether a term could be implied into the lease that a tenant would comply with its legal obligations. The …
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The FTT (Tax Chamber) has heard a case which we could include in the commercial and tax sections in addition to employment. The case involved the familiar territory of the payment of £30,000 on termination of employment. The FTT heard the case to determine the status of these payments. The case involved joint appeals by …
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The Damages (Personal Injury) (England and Wales) Order 2024 came into force on 11 January 2025 and states that the prescribed rate of return referred to in section A1(1) of the Damages Act 1996 is 0.5%. This Order prescribes 0.5% as the rate of return which, under section A1(1) of the Damages Act 1996 (c. …
Continue reading “Discount rate – change”