The Worker Protection Act (Amendment of Equality Act 2010) Act 2023 will come into force on 26 October 2024 and changes the duty on employers from redress to prevention. All employers will be required to take ‘reasonable steps’ to prevent sexual harassment. Tribunals will have the power to increase compensation by up to 25% if …
Continue reading “Sexual harassment – new protections”
The procedure for inheritance claims is governed by the CPR, and the litigation costs of such claims must be treated separately to the claimant’s substantive award. This case concerned the important issue of whether, in a dependency claim under the I(PFD)A 1975 Act, costs should always be dealt with as a separate issue. Could the …
Continue reading “Costs – I(PFD)A claim”
All company and commercial practitioners should keep abreast of the implementation of the Economic Crime and Corporate Transparency Act 2023 by Companies House. The Act introduces the biggest changes to Companies House since corporate registrations were established in 1844. On 16 October 2024, Companies House issued an outline transition plan, which includes the following useful …
Continue reading “Companies House – changes”
Employment practitioners should note that the President of the Employment Appeal Tribunal (EAT) has published a practice direction explaining the tribunal’s procedures and procedural requirements. Made with the approval of the Senior President of Tribunals and the Lord Chancellor under s29A of the Employment Tribunals Act 1996, it applies to all appeals commenced on or …
Continue reading “EAT – practice direction”
What’s the correct response to a query from the OPG as to whether an LPA was validly executed? The MoJ has provided helpful if perhaps surprising guidance that solicitors are not legally obliged to response to OPG enquiries. The courts have already provided guidance on what’s expected of certificate providers. In TA v The Public …
Continue reading “Procedure – OPG queries on LPA execution”
All practitioners should note new powers designed to combat fraud that the Treasury announced on 3 October 2024. From the end of October 2024, banks will have new powers to delay and investigate payments that are suspected of being fraudulent. Banks can delay payments by 72 hours where there are reasonable grounds to suspect a …
Continue reading “Banks – delay payments”
The EAT has allowed an interesting appeal which considered the behaviour of the claimant’s representative. The claimant was dismissed from a project management job in 2020 after less than a year in the role and brought claims including racial and sexual harassment and whistle blowing. The ET described the behaviour of the claimant’s representative as, …
Continue reading “ET – claimant’s representative”
Given the upcoming parliamentary debate and vote on assisted dying in England, this case has particular resonance. The High Court has granted H relief from the forfeiture rule following his wife’s assisted suicide in Switzerland. Their two children had been present during her assisted death but the court concluded that their presence did not constitute …
Continue reading “Relief from forfeiture – assisted dying”
There are some important changes afoot for CLC regulated practices. On 21 October 2024, they announced: ‘Proposed changes by the Council for Licensed Conveyancers (CLC) to its Code of Conduct have been approved by the Legal Services Board (LSB) and will take effect from January 1, 2025. Last reviewed in 2011, the CLC closed a …
Continue reading “CLC – Code changes”
The EAT has allowed an appeal which enabled a claimant to amend her claim to add a claim of vicarious liability. The case summary is as follows: ‘Practice and procedure The claimant asserted in her ET1 that she had been dismissed having by reason of her having made protected disclosures. An ET refused an amendment …
Continue reading “ET – amending claim”