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Latest legal updates

Sleep-ins following Mencap: an evolving situation

We held a recent briefing discussion with over 40 care providers on this subject. It was a welcome catch-up and provided a useful insight into how things are going following the Court of Appeal's decision in the Mencap case.

The Start-up’s Guide to Intellectual Property

Our message to you is simple— prioritise your Intellectual property “IP” — it’s one of your most valuable business assets. It may not be top of your list when starting up, and we want to make it as simple as possible to firstly identify key elements you need to consider.

Overseas entities owning UK property to disclose details of owners in public register

In July 2018, the UK Government published a Bill to establish a statutory register setting out details of the beneficial ownership of overseas entities that own UK real estate.

Sleep-ins: a solution for now?

The Court of Appeal has today held in Focus Care Agency Ltd v Roberts, Frudd and another v The Partington Group Ltd, and Royal Mencap Society v Tomlinson-Blake (The Mencap case) that employees are not entitled to the national minimum wage (NMW) for the full duration of their sleep-in shift who sleep-in as they are engaged in "time work", and are only therefore entitled to the NMW when they are awake and carrying out duties.

Trends in Employment Tribunals

Following the Supreme Court's decision in R (on the application of UNISON) v Lord Chancellor last July, and the immediate abolition of Employment Tribunal fees, there has, as expected, been a steady increase in new claims.

Good work plan: A squandered opportunity?

Will there be a welcome simplification to the complex, and much litigated, area of employment status now that the government has published its response to the Taylor Review? Sadly it seems that the answer is probably not.

Gender pay reporting trends in the housing and care sectors

The 4 April deadline for organisations to submit their first gender pay report is fast approaching! While it seems that lots of employers are leaving it until the last minute, various trends are beginning to emerge which will, no doubt, be reinforced in reports which have yet to be submitted.

Employer didn’t have constructive knowledge of employee’s disability

The Court of Appeal has held in Donelien v Liberata UK Ltd that an employer did not acquire constructive knowledge of an employee's disability when it took reasonable (but not exhaustive) steps to ascertain whether the employee was disabled. As a result it was not under a duty to make reasonable adjustments.

HR Law - September 2018

Welcome to the September 2018 edition of HR Law

The power of a shareholders’ agreement

In our last post, we wrote about a founders’ agreement which is a form of shareholders’ agreement used at the initial stage of your business. As your business scales up — the founders’ agreement will usually be replaced by a shareholders’ agreement when you take on more shareholders.

Immigration and pre-employment checks

With the Brexit Withdrawal Agreement still very much in draft form the issue of what the immigration arrangements will be when the UK leaves the EU are currently under negotiation.Although the government has agreed that free movement will continue until the end of the transition period of 31 December 2020, a failure to reach a deal with the EU before the end of March could throw that into doubt.

Reflective loss, impossibility and fraud claims– life after Marex

The rule against reflective loss is a well established product of public policy. As recognised in Prudential Assurance Co Ltd. v Newman Industries Ltd. (No 2) [1982] 1 Ch 204, the rule prevents a shareholder from recovering damages for the diminution of the value of his shareholding where the company he has an interest in has suffered loss as a result of a third party’s breach of duty.

Social Housing Green Paper - a 60 second summary

The much anticipated Social Housing Green Paper has now been published by government.

Social Housing Green Paper - what does it mean for the housing market?

The much anticipated Social Housing Green Paper has now been published by Government

Founders’ Agreements — why it matters

Developing your business without a Founders’ Agreement can mean major problems in the future if you run into an issue that hasn’t been agreed from the outset.

Unison seeks to leave to appeal Mencap decision

Leasehold houses - Law Commission publishes game-changing proposals

Enfranchisement law is a complex area fraught with pitfalls and issues and has been the subject of considerable media attention recently in regard to leasehold houses and onerous ground rents.

HR Law - August 2018

Welcome to the August 2018 edition of HR Law.

Wellbeing: no longer a nice to have

Wellbeing is a higher priority for businesses than ever before. It is crucial to foster better employee morale and engagement, to promote a healthier culture and to lower sickness absence rates. Fit, happy employees improve productivity!

HR Law - July 2018

Welcome to the July 2018 edition of HR Law.

Thinking Business Issue 5

Welcome to the next UK edition of Thinking Business, with the latest market insight and opinion on issues affecting businesses in your region.

Housing Litigation Update - Summer 2018

Welcome to the summer edition of Housing Litigation Update 2018

Data privacy and information law

We understand that personal data is a huge asset to you, allowing organisations to work effectively and efficiently and provide excellent services to your customers and stakeholders. Holding and treating personal data in an appropriate way demonstrates good governance, enhances your reputation and business value, and protect one of your largest assets.

Protecting Assets & Business Value

When considering business value, the protection of intangible assets, intellectual property and confidential information (which includes more than just trade secrets), is often overlooked. Almost all businesses have such assets which could be damaged by employees or a team moving to a competitor or leaving on bad terms.

The end of Dana Gas saga?

Dana Gas PJSC (Dana Gas) recently announced that the majority of its sukukholders agreed to restructure its US$700 million worth of sukuk (the Sukuk) which was left in default when it matured in October last year. 

Contract Best Practice Nutshell – Exercising of Contractual Discretion Following Braganza

The UK Supreme Court in the case of Braganza v BP Shipping Ltd [2015] UKSC 17 (Braganza) revisited the principles of law...

A new approach to misconduct?

Over the last month there have been a couple of decisions dealing with misconduct dismissals which suggest that summary dismissal may be fair even if it is not possible to point to a specific instance of gross misconduct.

Making modular work in Manchester and the North West

In our second roundtable on modular construction we looked at the particular challenges of developing modular accommodation in Manchester and the North West, as recently highlighted by Joanne Roney, Chief Executive of Manchester City Council. 

Quarterly Housing Update Summer 2018

Welcome to the summer edition of Quarterly Housing Update.

Delivering the right homes in the right places

Views from a group of chairs of social housing providers on the forthcoming Social Housing Green Paper

When is an assured shorthold tenancy not an assured shorthold tenancy?

This 'bad joke' of property letting will not get many laughs from landlords finding themselves inadvertently burdened with tenancies which in effect have fully assured status, due to a failure to fully comply with the formalities required to grant an AST.

Making a mint – can tenants release their rights to light?

The recent case of Metropolitan Housing Trust Limited v RMC FH CO Limited [2017] EWHC 2609 (Ch) is a notable reminder to developers that they need to consider the different parties that may have a claim to rights of light over a development.

HR Law - June 2018

Welcome to the June 2018 edition of HR Law.

Housing Matters - May 2018

Welcome to the May edition of Housing Matters

Building Interest Spring 2018

Welcome to the Spring 2018 edition of Building Interest.

Housing Litigation Update - Spring 2018

Welcome to the Spring 2018 edition of Housing Litigation Update

Missing Wet Ink Signature in the Golden Belt Sukuk

The issuer (Golden Belt 1 Sukuk Company) and various hedge fund investors sued BNP Paribas (BNPP) alleging that BNPP had "negligently failed to take sufficient care or steps" to ensure that it had security over the assets...

TUPE Update May 2018

Here is our latest update on the most recent TUPE decisions of interest. In addition, the imminent arrival of the General Data Protection Regulation (GDPR) has been keeping those tendering for contracts on their toes.

Public registers in British Overseas Territories – further regulatory pressure on overseas investors

On 1 May 2018, the UK parliament voted in favour of an amendment to the Sanctions and Anti-Money Laundering Bill to require the British Overseas Territories to create “a publicly accessible register of the beneficial ownership of companies” containing information broadly equivalent to that available in the "People with Significant Control" (PSC) register in the UK.

DCN transformation in localities toolkit

This general legal guidance (guidance) has been commissioned by Grant Thornton and the District Councils’ Network (DCN) to supplement the “DCN Transformation in Localities Toolkit”. This guidance outlines the principal legal implications of collaboration between district councils.