Why the Change Matters Labour has outlined an ambitious agenda to strengthen workers’ rights and enhance job security. While these changes aim to create a more equitable workplace, they also introduce complexities for employers. New regulations may include stricter dismissal procedures, enhanced employee protections, and greater scrutiny of employment practices. For businesses, this means adapting…
Service charges in Commercial Property for Landlords and Tenants are an essential issue to get right as they are one of the most common areas of dispute. They must be set at an appropriate level, each party must fully understand what they cover and there should be a clear process for resolving any problems that…
A settlement agreement is a legally binding agreement between employer and employee that sets out the terms on which they will end an employment contract. If you have been offered a settlement agreement by your employer, you are required by law to take independent advice on its terms, to ensure that you understand the implications…
With widespread economic uncertainty and potentially difficult times ahead, commercial legal expert Jaron Crooknorth and disputes expert Alex Lyttle look at how to make sure your business is in the best possible shape to weather approaching storms. Jaron and Alex are both partners at Gloucester law firm Tayntons, where they head up the Commercial and…
Employees have a range of employment rights in respect of issues such as unfair dismissal, unpaid wages, notice pay and holiday pay. When a dispute arises, it can be crucial to define whether an individual is an employee or not. Many directors are also shareholders and work for the company. They split their earnings between…
As an employer, you are required to consider an employee’s request for flexible working reasonably. If you want to decline the request, then you need to give a valid business reason for doing so. When dealing with a request, you should follow the ACAS Code of Practice. Receiving a flexible working request If an employee…
If you are thinking about making an employee redundant, it is vital to follow the correct procedure to avoid the risk of an Employment Tribunal Claim. This article takes a look at the steps you need to follow to comply with employment legislation if you are making up to 20 employees redundant. The redundancy process…
With commercial tenants protected from eviction on the basis of rent arrears caused by the pandemic until 25 March 2022, the government has announced a new commercial rents code of practice. This aims to set out a clear process for dealing with debts in conjunction with the Commercial Rent (Coronavirus) Bill. Background The various lockdowns…
If you’re unfortunate enough to be the director of a company in pandemic-related financial trouble, you’re likely to be focusing all your attention on keeping your business afloat, looking after your staff and minimising losses. What about the personal risks to you as a director? Have you thought about the knock-on effects of continuing to…
With an end to COVID-19 restrictions finally in sight, employers are gearing themselves up to welcoming their staff back to the workplace. For most of your workers, it will be a welcome return to the old routine of working in a shared space, interacting with colleagues and experiencing a proper division between the workplace and…
Coronavirus Job Retention Scheme As the nation once again adjusts to a second national lockdown, the Chancellor, Rishi Sunak, has announced a five-month extension of the coronavirus job retention scheme (CJRS) from 31 October to 31 March. The CJRS more commonly known as the furlough scheme required employers to contribute from 1 August 2020. From…
By now I am sure your families and you have developed a new if slightly surreal daily routine of working from home and homeschooling (also known as riot police training) the kids. Some parts of Europe have eased their lockdown restrictions and though in the UK the government have announced another 3 weeks of lockdown…
The stark reality is that despite all the steps the Government are taking, unfortunately a number of companies will find themselves under severe difficulty and pressure over the forthcoming months. The Government has acknowledged this and put several emergency measures in place. The measures that have been announced will allow firms to continue trading, in…
Furlough Leave, a phrase which you have possibly never heard of but has an increased significance to both employers and employees. So, what do we know about it so far? Apart from the announcement by the Chancellor, at the minute very little is known about how the new “Coronavirus Retention Scheme” or “Furlough Leave”, as…
The Prime Minister has declared this the “worst health crisis in a generation”, big words, lots of hype but what effect will this have for the business community in Gloucestershire? Worst case scenario is best explained by the now historic TV show Dad’s Army. “Don’t panic, don’t panic” is the cry. Another thought is “we…
The Court of Appeal made clear in upholding a substantial damages award whose hearing was mildly impaired that those with medical conditions or incapacities are not so serious as to amount to disabilities can win compensation if they suffer discrimination in the workplace. The Court of Appeal made that clear in upholding a substantial damages…
There is a risk that well-meaning or light-hearted marketing or advertising campaigns inadvertently stray into the realms of discrimination. A brewery fell into that trap when it marketed a cut-price beer only to those who identified as women in a satirical attempt to highlight the gender pay gap. What Happened? A customer issued proceedings against…
Businesses in which women are under-represented in senior roles invite speculation that the imbalance results from discriminatory sexual stereotyping. A case in the context of the banking sector highlights, Employment Tribunals (ETs) are required to base their decisions not on perception but hard evidence. Outline of the case The case concerned a female vice-president who…
Judges are keen to support insolvency practitioners in their quest to recover funds for the benefit of creditors, and a ground-breaking High Court ruling will no doubt be greeted as a welcome extension of their reach beyond the borders of the UK. Outline of the case The case concerned an English-registered meat wholesaling company in…
Many long leaseholders mistakenly believe that they have much the same rights as freeholders and can do pretty much what they like with their properties. As one case strikingly showed, however, ignoring the terms of your lease can put both your home and your investment at risk. Outline of the Case The case concerned a…
Those intent on changing jobs can easily have their heads turned by glittering offers of remuneration and benefits made over lunch and a handshake. As one case strikingly highlights, it is written terms of engagement that matter. Taking expert advice is the best way to avoid bitter disappointment. What happened? The case concerned two very…
When deciding whether a document is a binding contract or merely an agreement to agree, the guiding principle is whether the terms are sufficiently clear and certain to be enforceable in practice. In an instructive High Court case, that test was met by a handwritten note made by a mediator in the context of a…
The teacher was not a casual worker, but worked only during school terms under a zero-hours contract. The trust that ran the school was not required to provide her with a fixed minimum amount of work. The number of hours she worked was dependent on the level of pupil demand for her tuition. She was…
Every business person who has that entrepreneurial sixth sense to smell out opportunity and the courage to grasp it will need good professional advice. They might consider any professional advice to be too staid and cautious but after having their fingers burned once, they can see that correct professional advice is indispensable if they are…
With the current economic uncertainty, the number of Settlement Agreements (previously Compromise Agreements) being offered to employees has greatly increased. They are typically used in redundancy situations. It is a document that many of us have heard of but what is it and what does it do? In essence, it is a legally binding contract,…
Only liquidated debts, for specific amounts which have been ascertained fully and finally, can form the basis of bankruptcy petitions. As a High Court case shows, discerning which debts fall into that category can be far from straightforward. Outline of the Case The case concerned a businesswoman who had engaged in joint ventures to build…
One would have thought that sophisticated financial professionals engaged in high value deals would have the sense to get their agreements recorded in writing by a professional. However, that is sadly not universal practice and a High Court case illustrated the kind of disputes to which such failures can give rise. Outline of the Case…
When it comes to property, the old maxim is that only three things matter: Location, location, location. At the turn of the millennium, it is fair to say Gloucester was far from a prime spot with businesses unwilling to relocate to the city. At this time, Tayntons had only one member of staff dedicated to…
If you are facing court proceedings, burying your head in the sand is the worst option you can take. You should consult a lawyer immediately. In this case, a pair of business people who failed to take that sensible step were stripped of valuable shareholdings and had their behaviour criticised by the trial judge. Outline…
Helping friends in financial trouble is one thing, but assisting them in defrauding their creditors is quite another. In this case, a woman who came to the dishonest aid of a businessman facing bankruptcy was herself hit hard in the pocket. Outline of the case The woman was sole director and shareholder of an entirely…
As your company grows, so does the risk to it if you are not completely up-to-date with your HR and legal needs. Leaving things to chance, or expecting what you have always done to suit the needs of an expanding business is dangerous. Failing to prepare for all eventualities, will mean your business will prepare…
We participated in Solicitors Chat on Twitter answering questions about how our Commercial law Solicitors can add value to a business and what are the benefits of contacting a Solicitor. Our team, provided some insightful answers on this topic. We’ve set out our answers out below. What are the benefits of consulting a Solicitor for…
The question of what is and is not a house in multiple occupation (HMO) is far from straightforward to answer, as a recent decision of the First-tier Tribunal (FTT) showed. It was held that landlords who fail to take legal advice on the issue can be hit in the pocket after unwittingly breaching the law….
Third party debt orders can be a powerful means of enforcing judgments, but how do they affect funds held in solicitors’ client accounts? The High Court considered that issues in a guideline case concerning an alleged financial fraud. What happened? Two companies and an individual launched proceedings against a businessman. They alleged fraud in connection…
When money passes between family members without legal advice, it is only too common for disputes to arise as to whether the sums concerned were meant as gifts, or something more. A recent case reflected this. A mother and son ended up at loggerheads over ownership of properties worth £800,000. The case concerned a flat…
Buying and selling businesses can be a highly complex matter and dispensing with legal formality is a positive invitation to trouble. The point could hardly have been better made than by a High Court case concerning the ill-fated purchase of a fish and chip shop which culminated in threats of violence. Following informal discussions, a businessman…
Buying a property at auction can be hazardous and should never be attempted without instructing solicitors to carry out all the necessary checks. In a case highlighting this point, a father and son bought a former council flat for over £200,000, without knowing that the number of its bedrooms had been doubled without the required…
Collecting debts can be a long and arduous process, but bankruptcy proceedings are often an effective means of bringing matters to a head. That was certainly the case where one businessman tried, but failed, to avoid bankruptcy in respect of a judgment debt totalling more than £16 million. He ran a professional firm and had…
You are entitled to object to your neighbours’ building plans, but wise homeowners always seek professional legal advice before doing so. In one case, a homeowner (“Objector”) who opposed construction of an extension to a neighbouring property ended up being ordered to pay his neighbours in excess of £20,000 in damages. The Objector believed that…
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