Blog
Religious discrimination in the work place
The issue of religious discrimination in the work place is a sensitive one which employers need to consider carefully. As set out in the Equality Act 2010 it is unlawful to discriminate against individuals because of their religion or belief, or lack of religion or belief either directly or indirectly. Given the diversity of religions […]
Holiday Pay claims: how far back can you go? The impact of King v Sash Windows C-214/16 CJEU
The decision of the CJEU in King v Sash Windows C-214/16 CJEU has been widely reported and discussed. Mr King had worked for a considerable period of time- years, rather than months – without taking holiday. He had worked for a 13-year period but had been afforded the facility for exercise of the right to […]
“Fundamental Dishonesty” in the Court of Appeal
Paul Mertens reviews the recent decision of Howlett v Davies [2017] EWCA Civ 1696, the first case in which the Court of Appeal has considered the approach to “fundamental dishonesty” as an exception to Qualified One-Way Costs Shifting (QOCS) under CPR 44.16(1). Background Howlett v Davies was a fairly commonplace PI claim arising from a […]
Martin Revisited – the meaning of ‘supply’ in the context of ‘being concerned in the supply of a controlled drug
In Martin, the legal interpretation of the word ‘supply’ in the context of ‘being concerned in the supply of a controlled drug to another’ was significantly altered, changing the way that it had been understood for the previous 29 years. In Martin, Lord Thomas of Cwmgiedd CJ stated that ‘the ‘word “supply” is a broad […]
Discrimination: something arising from disability
It is no secret that there are immense pressures upon teaching staff in UK schools at present. Teacher shortages, increased workloads, and constant assessments have lead to stressful working environments across the country. These environments can affect some more than others, particularly those with disabilities. In the recent case of City of York Council v […]
Employment tribunal fees unlawful
Tribunal Fees: What we suspected all along! No impact on tribunal costs, no impact on reducing unmeritorious claims, indirectly discriminatory to women and did not result in more ACAS settlements. Today is a good news day for access to justice (and for employment lawyers!) In a pivotal judgment based on the principle of access to […]
Wilson v Lassman (Executor of the Estate of Wilson)[2017] EWHC 85 (Ch)
This case illustrates the need for care when approaching probate claims. Facts C sought an order, pronouncing, against his late father’s will, and revoking the grant of probate obtained by D as executor and sole beneficiary under the will. C contended that the will was not validly executed contrary to S.9 Wills Act 1837. The […]
Practical tips for ex-parte non-molestation orders
On 18 January 2017, the President of the Family Division issued ‘The Practice Guidance on the Duration of Ex-Parte (Without Notice) Orders’. A few months on, this article is intended to give some practical guidance as to how to approach Non-Molestation Orders in practice. 1. The duration of the Order The guidance from the President […]
Drugs and hair strand testing
Hayden j has just handed down Iago’s offer “But yet, I say, If imputation and strong circumstances Which lead directly to the door of truth Will give you satisfaction, you may haven’t.” Mr Justice Baker in Bristol City v A [2012] EWHC 2548 Fam, [2013] 2FLR 1153 considered that the science involved in hair strand […]
Consultation on a new practice direction on the particpation of vulnerable witnesses and parties in family proceedings
1. On 23rd February 2017 consultation on a new PD3AA was issued. The new PD3AA is entitled: “Vulnerable Persons: Participation in Proceedings and Giving Evidence”. 2. There has also been widespread reporting in the media about the cross-examination of those alleging abuse, whether sexual, physical, financial or a combination by their alleged abusers. The two […]
Marital agreements: individual autonomy and fairness
There have been many significant developments in this area of the law in recent years, with a number of reported decisions dealing with marital agreements having been reported over the last year. I have had my fair share of cases involving marital agreements, most recently concerning a separation agreement which the parties had entered into […]
Heather Platt reviews restrictive covenants for LexisNexis
Heather Platt’s article for LexisNexis considers the enforceability of restrictive covenants in the agricultural industry. This article was first published on LexisPSL Employment on 28 June 2016. Enforceability of post-termination restrictive covenants within the agricultural industry 28/06/2016 Employment analysis: The recent case of Pickwell v Pro Cam considered the enforceability of post-termination of employment restrictive […]