Another victory for workers’ rights: Addison Lee v Christopher Gascoigne

Patricia Rooney

Another victory for workers’ rights. In Addison Lee, the EAT have held that Christopher Gascoigne, a cycle courier, wasn’t an independent contractor but a worker. Mr Gascoigne won first time round in August 2017 at the Central London Employment Tribunal, where he was classified as a worker and entitled to arrears of holiday pay for ...

Corporate Transparency: Companies House Business Plan 2018-2019

Aimee Craig

On 5 April 2018 Companies House published their business plan for 2018-2019 with a particular focus on the People with Significant Control (PSC) register and the commitment to transparency within the regime. From 6 April 2016 UK companies are required to hold a PSC register. The register includes information about the individuals who own or ...

Landlord Consent: What’s Reasonable?

Ciara McGreevy

By Real Estate Solicitor, Ciara McGreevy The Court of Appeal’s recent judgment in No. 1 West India Quay (Residential) Ltd v East Tower Apartments Ltd EWCA Civ 250 provides clarification for landlords as to what constitutes reasonable refusal of consent on the assignment of a lease. Background The tenant purported to sell 42 apartments, ...

GDPR: Tick Tock

Paul Eastwood

The General Data Protection Regulation (GDPR) was published in the Official Journal of the European Union in Spring 2016, starting a countdown of just more than 2 years until its effective date. When publishing, we are less than 1 month away from that date, which should be familiar to many by now: 25 May 2018. ...

European Court of Justice issue preliminary ruling on financial collateral arrangements

Jane McKay

In Private Equity Insurance Group SIA v Swedbank AS EUECJ C-156/15 the Court of Justice of the European Union (“CJEU”) delivered a preliminary ruling (the “Ruling”) on financial collateral arrangements (“FCAs”) (to include money, financial instruments (including assets and shares) together with credit claims), (the “Collateral”). The purpose of the Ruling was to consider ...

Swearing In The Workplace – How Do I Handle It?

Jack Balmer

“An employee has just complained about his manager swearing at him. This is a tough environment – people swear all the time and the humour is pretty black – how do I handle it?” In many industries, swearing forms part of the language of the workplace; swear words are normalised and are seldom noticed, let ...

Doctrine of Strict Compliance Not Applicable to Demand Guarantees

Nichola Coghlan

It is “hallowed law” that a bank can refuse to pay out under a letter of credit where the beneficiary’s demand contains “trivial or insignificant defects”. As far as letters of credit are concerned, “here is no room for documents which are almost the same, or which will do just as well.” However, the High ...

Autonomous vehicles – who is in the driving seat?

Laura McKee

The UK government predicted in its budget in November 2017 that the driverless vehicle industry would be worth £28 billion to the UK economy by 2035 and that fully functional automated vehicles would be on the roads throughout the UK by 2021. Hailed by many as the next step in the digital revolution, the development ...

How Do I Handle It – Dress Code Dilemmas

Rachel Richardson

I am the HR manager of a chain of restaurants.  I have recently received a complaint from a member of staff who claims that she was forced, by her manager, to wear high heels as part of her uniform.  She is a waitress and there is no dress code in place in the business.  How ...

How Do I Handle It? – “Not On My Site”

Patricia Rooney

By Employment Director, Patricia Rooney.   We have a number of service contracts with large organisations in Northern Ireland.  One of our major clients has asked us to remove our employee from their site.  The client has not complained about the employee’s work performance but instead about allegations of criminal activity against the employee, which ...