Issue: November 2024

SC – fire and rehire

November 2024 | Employment

The SC has prevented an employer from using fire and rehire tactics to remove employee benefits which had been described as ‘permanent’. The case summary is as follows: ‘Background to the Appeal This appeal concerns whether Tesco Stores Ltd (“Tesco”) can terminate the employment contracts of its employees, for the specific purpose of depriving them …

This article is only available to subscribers.

Rates – reminder

November 2024 | Tax - SDLT

Most conveyancers probably do not need reminding that the current SDLT rates were only a temporary measure, introduced in 2022. From 1 April 2025 the rates for a freehold purchase by a UK resident individual replacing a main residence will be: Relevant consideration Percentage Up to £125,000 Nil The next £125,000 (the portion from £125,001 …

Sexual harassment – new protections

November 2024 | Employment

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 …

This article is only available to subscribers.

Costs – I(PFD)A claim

November 2024 | Wills, probate and administration

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 …

This article is only available to subscribers.

Companies House – changes

November 2024 | Commercial

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 …

This article is only available to subscribers.

EAT – practice direction

November 2024 | Employment

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 …

This article is only available to subscribers.

Procedure – OPG queries on LPA execution

November 2024 | Wills, probate and administration

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 …

This article is only available to subscribers.

Banks – delay payments

November 2024 | Conduct, practice and risk management

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 …

This article is only available to subscribers.

ET – claimant’s representative

November 2024 | Employment

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, …

This article is only available to subscribers.

Relief from forfeiture – assisted dying

November 2024 | Wills, probate and administration

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 …

This article is only available to subscribers.