Scope of vicarious liability expanded by Supreme Court

Kathy McGillie

Following two Supreme Court Judgments this week, employers and those in relationships akin to employment are more likely than ever to be held vicariously liable for the actions of those performing duties on their behalf.   1. Liability for the negligent actions of non-employees In Cox v Ministry of Justice UKSC 10 https://www.supremecourt.uk/cases/uksc-2014-0089.html the Supreme ...

Waste not, want not – Changes to Food Waste

Maria O’Loan

The Food Waste Regulations (Northern Ireland) 2015 (“the Regulations”) came into force on 14 February 2015. The purpose of the Regulations is to prevent food waste from going to landfill. The first phase of the legislation required that, from 1 April 2015, food waste voluntarily segregated from other waste at source and collected separately was ...

Disciplinary Investigations – How do I handle it?

Rachel Richardson

Rachel Richardson , Director at Tughans, considers the following problem and offers some practical advice: I am an HR manager and have been investigating an allegation that one of our employees has been sending our confidential information to a competitor without any prior authorisation. I have taken several witness statements as part of my investigation, ...

New Health and Safety Sentencing Guidelines – effective in England & Wales from 1st February 2016

Kathy McGillie

The ‘Health and Safety Offences, Corporate Manslaughter and Food Safety and Hygiene Offences’ Sentencing Guidelines (the ‘Guidelines’), issued by the Sentencing Council, have just come into force in England & Wales, for those sentenced on or after 1 February 2016, regardless of the date of the offence. The Guidelines are designed to ensure that sentences ...

Business Matters: SME Equity Funding

John McGuckian

John McGuckian, a partner in Tughans corporate team, shares some practical advice for any SME considering equity funding. Q1. What are the top three things that a company can do o make an equity funding round as smooth as possible? In our experience, those companies who go into a funding process with a really well-honed ...

The National Wage – What do I need to know?

Patricia Rooney

Employers should be aware that the National Living Wage comes into effect on 1 April 2016. This requires that workers aged 25 and over be paid £7.20 per hour. The Government have estimated that this will equate to a rise of £910 per annum for a full-time worker. The National Living Wage applies to workers ...

Tughans Employment Law and Difficult Workplace Scenarios; Unclear Medical Evidence

Rachel Richardson

One of our employees is currently signed off work with a medical condition which does not reflect the condition which the employee has informed us in emails that he is suffering from, being severe depression. What are our options – can we rely on the sick-lines, or do we need to seek a medical report? ...

How do I handle it?

Patricia Rooney

Patricia Rooney, Director at Tughans examines the following problem and offers practical advice… We operate a small local company.  I have heard a lot about auto enrolment and staging dates and requirement to provide a pension for our employees.  Some of the staff are already members of an occupational pension scheme but I am confused as ...

Upcoming ban on Corporate Directors

John-George Willis

As part of the Government’s drive to encourage transparency, a ban on the use of corporate directors will come into force as part of The Small Business, Enterprise and Employment Act 2015 (the “Act”), which applies to all parts of the UK. Under the terms of the Act, all company directors will have to be ...

Balancing the Board

Ciara Lagan

In 2011, Lord Davies published “Women on Boards”, a report which favoured a voluntary, business-led approach rather than quotas for greater female board representation. The report recommended that the FTSE 100 aim for 25% women directors by 2015.  A review of this report, published on 29 October 2015, highlighted that this target has been exceeded ...