Adjudication: no more “smash and grab”

Michael McCord

The “smash and grab” Adjudication will be familiar to those working in the construction industry. It goes like this. Contractor makes application for payment. Employer fails to serve valid Pay Less Notice. Contractor calls up an Adjudicator. Adjudicator awards payment to the contractor because there was no valid Pay Less Notice served. It is called ...

Judicial Review: Belfast City Council v Planning Appeals Commission 23 February 2018

Luke Thompson

On Friday 23 February 2018 Mr Justice McCloskey issued Judgment on an application for Judicial Review brought by Belfast City Council in respect of a decision by the Planning Appeals Commission to grant planning permission for a student housing development in Belfast. This decision will have important ramifications for all Councils in relation to how ...

It’ll all come out in the wash

Patricia Rooney

By Employment Director, Patricia Rooney.   Those of us who have had an urgent need for a plumber don’t much care whether the person who deals with the emergency call out is employed by a national company or carries on business on their own account.  So today it may just be employment lawyers who will ...

Mutual break clauses – are they worthwhile from a landlord’s perspective?

Amanda Byrnes

By Real Estate Associate Solicitor, Amanda Byrnes.   When negotiating a new lease, a usual provision that a tenant will seek to include, particularly those embarking on a new business venture, is a break clause, i.e. a date or dates on which the tenant may terminate the lease before the end of the contractual term.  ...

Saying Goodbye to RPI?

Andrew Kirke

By Contracts and Technology Associate Director, Andrew Kirke.   Considering comments made by Bank of England Governor Mark Carney this week on the phasing out of the Retail Prices Index (RPI) as a measure for inflation in commercial contracts   Speaking to the House of Lords economic affairs committee on Tuesday, Bank of England governor ...

How do I handle it? Banter in the workplace – only joking is only an excuse

Rachel Richardson

  “I am an HR Manager and recently received a written complaint from an employee who told me that his colleague was calling him a “tinker” and a “gypo”.  When he challenged his colleague and asked him to stop, he was told it was just a bit of “banter”.  I do not know what the ...

How Do I Handle It?

Patricia Rooney

“I am the Human Resources Manager in a manufacturing business and I have been asked by one of the Operation Managers to dismiss an employee as he alleges the employee arrived for work under the influence of drugs.  The employee has been suspended: he is still under his probationary period.  How should I handle this?” ...

A Festive Fallout…Vicarious Liability of employers and Christmas parties

Laura McKee

As everyone gets into the swing of party season the case of Bellman v Northampton Recruitment Limited has emphasised the responsibilities on employers even on a Christmas night out.  The facts of the case are the defendant company held a Christmas party at a local golf club at which most of the staff attended. After ...

How Do I Handle It?

Jack Balmer

“An employee who’s with us on secondment from university has raised a grievance under our internal procedure after finding out he’s paid less than his permanent colleagues in the same role – how do I handle it?” First of all, you need to be very clear about the employment status of the secondee. A secondee ...

The New UK Industrial Strategy: God bless us, Everyone?

Ciara Lagan

The Government’s new industrial strategy has just been announced.  This is a welcome publication in light of the dip in productivity growth highlighted in the Budget last week. But what difference will it make in the face of Brexit? The new industrial strategy is heralded by the Government as a “critical part of our plan ...