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Questions asked of job applicants at interview should be carefully considered in advance and formulated with the benefit of legal advice. In one case where that signally did not happen, a 67-year-old man who was turned down for a park attendant’s job succeeded in an age discrimination claim (James v Coedffranc Community Council). Continue reading →
One of the biggest dangers when a senior employee leaves an organisation is the ease with which they can spirit away confidential information of importance to the business. Data is a critical asset for many businesses, and along with the sanctions which may be available under the Data Protection Act 2018, there are other weapons that can be deployed to prevent it leaking. One of these is having in place the right terms and conditions of employment. Continue reading →
No matter how many security measures are taken, plots of vacant land are at risk of being invaded by trespassers. However, with the right legal advice, landowners can take pre-emptive action to minimise such hazards and protect their investments. Continue reading →
If you receive notice of an Employment Tribunal (ET) complaint against you, we strongly advise that you seek professional legal advice as soon as possible. A recent case that reached the Court of Appeal shows the potentially dire consequences of any delay (Office Equipment Systems Limited v Hughes). Continue reading →
Those who dishonestly procure goods in the knowledge that they lack the funds to pay for them are guilty of deceit and at risk of being ordered to pay damages. The principle was underlined by a case involving a commodities trading company that went bust leaving a seven-figure bill for a consignment of sunflower oil unpaid. Continue reading →
When the owner of a property that had been designated as a house in multiple occupation (HMO) by his local council in 2001 chose to challenge that ruling some 15 years later, the council refused to review the decision. The property owner claimed to have had no knowledge of the decision when it was made, which was disputed by the council. Continue reading →
The Corporate Manslaughter and Corporate Homicide Act 2007 established a new statutory offence of corporate manslaughter (corporate culpable homicide in Scotland). Continue reading →
Local authorities are obliged to maximise the income generated from exploitation of their property and other assets. The High Court made that point in rejecting claims that a council acted unlawfully in renting out two hi-tech advertising towers to the highest bidder. Continue reading →
Employers can be found vicariously liable for the actions of their staff when these occur in the course of their employment, which can include during an office function, but what is the position when one employee suffers injury at the hands of another at an impromptu get-together some hours after a planned works event has finished? The High Court had found that a recruitment company was not liable for serious injuries inflicted by one member of staff on another in such circumstances, but that decision has now been overturned by the Court of Appeal (Bellman v Northampton Recruitment Limited). Continue reading →
The perils of contracting with undercapitalised limited companies, with no guarantees from directors or others associated with them, were starkly revealed by a High Court case concerning the £5 million refurbishment of a manor house. Continue reading →
