How Could the Labour Government’s New Deal for Working People Transform Employment Law?

A new government means a change in direction, and after 14 years of Conservative Government, it is unsurprising that the Labour government is keen to implement its policy agenda quickly. The UK economy has struggled since Covid, particularly when it comes to productivity, which ranks poorly compared with countries such as Germany, France, and the […]

Australia proposes “right to disconnect” law – what rights do employees have to switch off from work in the UK?

Many workers may have encountered a similar situation in the workplace. Even though it is time to leave work, their superiors or bosses continue to frequently contact them about work.   It is understandable that there are occasional cases where you need to work outside of your normal working hours due to emergencies or special […]

Disability benefits to be overhauled, with “lesser mental health conditions” such as anxiety and depression to be targeted

The government has announced plans to significantly overhaul the way that disability benefits are paid through Personal Independence Payment reform (PIP). As part of the announcement , a consultation has been launched on proposals for moving away from a fixed cash benefit system.   The Prime Minister Rishi Sunak has previously voiced his desire to […]

Lidl v Tesco – What does Tesco’s defeat mean for the future of the Tesco Clubcard?

Tesco has lost its appeal over a long-running trademark dispute with budget supermarket Lidl.  The primary dispute in question concerned its use of a yellow circle against a blue background in its Clubcard logo. The decision in the Lidl v Tesco Court of Appeal case means that Tesco will now be forced into changing its […]

How can you protect commercial property against severe weather events?

While the UK has a reputation for its relatively mild, albeit rainy weather, at times it can become more serious. Some time ago, the UK experienced severe weather, leading to us receiving many enquiries from customers regarding commercial properties that suffered from flooding which caused water leakage, repairs and other losses.   With the prediction […]

Fair dismissal – when is an employer allowed to dismiss an employee?

How can an employer dismiss an employee fairly? First, let’s demystify what ‘fair dismissal’ actually means. Fair dismissal should otherwise be simply referred to as a ‘dismissal’, which happens when an employer chooses to end an employee’s contract. In common parlance, it usually refers to someone being either sacked or fired.   So, how can […]

Solicitor fired by immigration advice business due to direct race discrimination

An employment tribunal has ruled that a solicitor was fired by an immigration advice business due to her race. With immigration lawyers often representing some of the most marginalised people in society, it might seem surprising to see a case involving direct race discrimination against an immigration solicitor emerge. However, this is what happened to […]

Council at fault for ignoring woman’s nuisance complaints against restaurant

Nuisance complaints are a surprisingly common occurrence. While there are no statistics for general nuisance complaints, there were a total of 356,367 noise complaints recorded by local authorities in 2020/2021, giving an idea of just how many complaints councils receive in general.   The case we will be discussing today doesn’t exclusively focus on a […]

The Legal Implications of Issuing Warnings Without Action in Employee Management

In the world of employment law, addressing employee misconduct demands a thoughtful and structured approach. One common error that employers often make is the passive issuance of warnings without taking concrete action. In this article, we will explore why this approach can have legal repercussions and the importance of following due process.   The Significance […]

Single-use plastic items banned in England from 1 October 2023

From 1 October 2023 businesses must no longer supply, sell or offer certain single-use plastic items in England. The UK government has announced a ban on a wide range of plastic items, which will include:   Online and over-the-counter sales and supply Items from new and existing stock All types of single-use plastic, including biodegradable, […]

OFSTED inspector unfairly dismissed after touching student – what lessons should employers learn from this case?

After an OFSTED inspector was dismissed for briefly touching a pupil’s head to wipe away some rain, the Employment Appeal Tribunal (EAT) has ruled that the dismissal was unfair due to a lack of disciplinary guidance and/or training. Compensation for unfair dismissal will be awarded at a later date.   The case (Hewston v OFSTED) […]

Journalist who refused to use work app on personal phone wins unfair dismissal claim

An employment tribunal has ruled that an employee who refused to install a work app on her personal phone was unfairly dismissed. The installation of the app would have left the journalist unable to separate her work life and her home life, something she resisted against by refusing to have the app installed.   Depending […]

Register of overseas entities – Lisa’s Law part of select group that can complete verification checks for you

In a bid to crack down on money laundering and improve transparency, the Economic Crime Act 2022 introduced a new Register of Overseas Entities. This came into force on 1st August 2022. Those who do not comply will face severe sanctions, including restrictions on buying, selling, transferring, leasing or charging their land or property in […]

What will the new flexible working legislation mean for businesses and employees alike?

The government has proposed new legislation which plans to give employees the right to ask for flexible working from day one at their first job. But what are the current rules around flexible working? And what exactly would the new legislation mean for both employees and employers?   In addition to their plans to make […]

Supreme Court says part-year workers entitled to proportionally same holiday pay as full-time workers

A new ruling (Harpur Trust v Brazel) by the Supreme Court has favoured part-year workers and casual workers, opening the door to thousands of claims for compensation. The ruling says that these workers are entitled proportionally to the same holiday pay as full-time workers. It also found that the methods of calculating pro-rated annual leave […]

The end of fake reviews? New rules claim to protect consumers and boost competition

The Department of Business, Energy and Industrial Strategy has announced new rules which it claims will protect consumers and boost competition. This follows the “reforming competition and consumer policy” consultation which was launched by the government last year. The Government-sponsored Consumer Protection Study 2022 found that between April 2020 and April 2021, the equivalent to […]

Former Scottish footballer’s IR35 tax battle offers warning for off-payroll working arrangements

  Former Rangers and Scotland icon, Neil McCann, has lost a battle with the tax man over his work for Sky Sports. The ex-footballer is reported to owe HMRC £190,000 as a result of being regarded for income tax purposes as an employee.   Meanwhile, another recent high-profile case saw the tv and radio presenter, […]

Employer guidance for respiratory infections such as Covid-19

The UK Health Security Agency has published new guidance for employers around reducing the effect of respiratory infections in the workplace, including Covid-19. In terms of business law, this is certainly something to take into account for employers.   Although all Covid-19 restrictions have now been lifted by the Government, the guidance asks employers, workforce […]

Rishi Sunak’s Spring Statement – what are the key points?

Rishi Sunak found himself in the spotlight today as he delivered his Spring Statement to a country that is currently dealing with a significant rise in the cost of living. It is unsurprising that many people up and down the country have been curious as to what the plan might be for the near future, […]

Sky TV presenter hit with HUGE tax bill after losing IR35 case appeal. What can we learn from this?

In a recent case, the First Tier Tribunal found that the working relationship between presenter Dave Clark and Sky Sports to be based around an IR35 contract, specifically between 2013 and 2018. As a result of this, Clark is faced with a tax bill of over £280,000. This case is one of many similar ones […]

BIICL new ‘Breathing Space’ guidelines for commercial contract disputes

Written by Rosa Huang.     England has been plunged into its second lockdown for a four-week period beginning from last week, but work of the courts and tribunals will continue to be exempted from lockdown measures. The exemption will help to avoid any substantial delays from the lockdown, given that the backlog of cases […]

Employment Focus – Are You Eligible for Furlough during Lockdown 2.0?

The second UK-wide lockdown begins tomorrow, bringing with it a fresh wave of anxiety. A large part of peoples worry will be based on their employment and how the new rules will affect their income. The furlough scheme kept many heads above water during the first lockdown back in March 2020 and with the scheme […]

Shareholder claims and principle of ‘reflective loss’ – What can be learnt from Broadcasting Investments Group Ltd v Smith?

Written by Rosa Huang.     In the most recent case, the Broadcasting Investments Group Ltd v Smith, application of principle of ‘reflective loss’ in the Supreme Court decision in Marex Financial Ltd v Sevilleja was considered by court, shareholder of a shareholder of a shareholder of the claimant company seeking an order of specific […]

Rishi Sunak – What is the economic plan for the UK going forwards?

Currently, you could be forgiven for not being completely up to date with government policies, laws and legislations, as the Coronavirus has meant constant alterations and updates from the government.   Today’s announcement from Chancellor Rishi Sunak is certainly one to pay attention to, however, as it dictates the UK’s plan for dealing with the […]

Employment Law Focus: In the eyes of the law, dismissal based on hearsay is unacceptable – even in serious circumstances!

It is reasonable for employers to want their employees to have clean criminal records for a variety of reasons, one major reason being the reputation of the business or institution they are responsible for. However, in the eyes of the law any dismissal made in response to an employee being at risk of having committed […]

Protecting Your Trade Secrets – What We Suggest: A Perception of Celgard LLC v Shenzhen Senior Technology Material

Written by Rosa Huang.     Recently an interim relief is granted by High Court of Justice of UK in a case enforcing the Trade Secrets (Enforcement, etc) Regulations 2018 (“the Trade Secrets Regulations”), Celgard LLC v Shenzhen Senior Technology Material.   What we know about the case   The dispute is between Celgard LLC […]

The Law of the Land: Use Classes See Significant Changes!

Planning use classes are the legal framework which determines what a particular property may be used for by its occupants. In England, these are contained within the provision of Town and Country Planning (Use Classes) Order 1987.   On the 21st July 2020, the government published The Town and Country Planning Regulations 2020 which will […]

When Is Consent Unreasonably Withheld?

Written by Evveline Loh.   In many contracts, in particular, those dealing with landlord and tenant relationship, if some sort of consent is required from one party to enable the other party to do (or not to do) something, there is normally provision that such consent should not be unreasonably withheld. However, the issue whether […]

Eat Out to Help Out – Get your business found!

The Eat Out to Help Out scheme means diners are able to get discounts of up to 50% on food and drinks between Monday and Wednesday between the 3rd and 31st of August, with the government reimbursing the businesses for these discounts, in a bid to get the hospitality industry back on track.   People […]

With COVID-19 still in Sight, Redundancy Wave has Arrived!

One of the major fallouts of the coronavirus pandemic is the effect it has had on people’s livelihoods and careers. At the start of the year many people in work would have assumed their place was relatively untouchable if they continued to work hard and fulfil the role they were brought on to do.  However, […]

Visas for the sole representatives of overseas businesses – What are they?

It is not always easy for a business to expand into a new market. Among others, culture, market conditions, law and tax systems can be completely different. It is natural that the business may want to send someone as its representative to the new market to establish a certain presence before it eventually decides whether […]

Some rules for visas relaxed due to COVID-19 – but do they go far enough?

Coronavirus has everyone feeling nervous, whether it is concern for the health of family members, missing the freedom of the pre-coronavirus world, or financial worries that come with being in lockdown – most people have been negatively affected in some way.   For those who rely on visas to remain and work in the UK, […]

What support is available for businesses during the coronavirus crisis?

The government has announced details of their support schemes for businesses during this difficult time, as you may have read about in our previous article here.   Businesses of all shapes and sizes may have been forced to close their doors for the foreseeable future in a bid to stop the spread of COVID-19.   […]

Has your business been affected by Coronavirus? We can help you receive Government Aid!

Coronavirus has hit the business world hard, and everyone is understandably very worried.   Rishi Sunak has pledged £330bn worth of aid and cuts to help businesses through these uncertain times.   We value all of our clients greatly, and we know that many of them own businesses of various sizes – we will not […]

Budget 2020 – Tackling Coronavirus and Helping the Vulnerable?

Chancellor of the Exchequer Rishi Sunak today unveiled the new Conservative government Budget for 2020.   Sunak’s speech was made confidently despite the added pressure of the coronavirus outbreak and he promised to invest massive amounts of money into the NHS, UK businesses, and environmental issues amongst other things.   This article will focus on […]

Coronavirus Crisis – Your Rights as a Worker

Coronavirus is at the front of everyone’s mind, and has been for some time.   Schools have been closing across the UK over fears that pupils and staff have been exposed to the virus, either from being on holiday in affected countries or contracting it from those around them.   The virus has now fully […]

Tax avoidance case successfully handled! Client saves over £70,000!

The running of a business can take its toll. From balancing finances, looking after staff, providing a good service and everything in-between, it is no wonder that thousands of business owners in the UK frequently experience high levels of stress!   That stress is multiplied tenfold when you are accused of running your business in […]

Sole Representative of an Overseas Company Visa – The Do’s and Don’ts

Sole Representative is a UK visa category allowing an employee/member of an organisation to enter the UK as a representative of an overseas company for the purpose of establishing a wholly owned subsidiary or branch in the UK for the overseas parent company. This visa has become a very common and famous choice for corporate […]

£1m investor visa – time is of the essence!

A few years ago, an investment of £1m into the UK was enough to ensure a right of residence for the investor. Since November 2014 the required amount has been increased to £2m, but for those who already hold a Tier 1 (Investor) visa on the back of the original £1m route are still able […]

Tier 1 Visa Routes Updated: What has changed?

The Home Office published some new changes to the UK Immigration rules recently, and many of them have now come into effect this month. The purpose of this article is to communicate the changes made to the Tier 1 visa routes that are on offer.   Tier 1 Exceptional Talent visa:   The Tier 1 […]

Applying for Visa’s and Extensions – The Devil is in the Detail

An Indian entrepreneur living in the UK on a Tier 1 (Entrepreneur) visa has had her visa extension denied, due to errors within her forms showing employees payroll information.   A core requirement of a successful Tier 1 (Entrepreneur) visa holder is their obligation to create at least 2 jobs in the UK within the […]