Publications

On 9 March 2022 the Supreme Court handed down their decision in the case of Croydon London Borough Council v Kalonga [2022] UKSC 7, a case concerning termination of flexible tenancies prior to the expiry of the fixed term.

The Employment Appeal Tribunal in the recent case of Allen v Primark Stores Ltd has confirmed that where an employee is claiming indirect discrimination on the basis of a provision, criterion or practice (‘PCP’), in determining whether the employee has been placed at a substantial disadvantage the pool of employees for comparison purposes must relate to the precise PCP issued by the employer.

Issued every three months, the Banking Update provides you with a brief snapshot of what our team have been up to, as well as a look at any big sector updates or changes.

The Home Office is seeking to digitalise UK Right to Work (‘RTW’) checks and employers will have to get their heads around further changes which came into effect on 6 April 2022.

Devonshires Leasehold & Property Litigation Team are pleased to present the new Leasehold & Property Litigation Webinar Programme for 2022/2023.

The Employment Appeal Tribunal (‘EAT’) has recently overturned a decision of the Employment Tribunal (‘ET’) which struck out a claim for unfair dismissal brought by an employee who was voluntarily redundant. The case emphasises that employers may still face liability for unfair dismissal, even where an employee has requested voluntary redundancy.

For those businesses who want to offer support to Ukrainians by offering them employment, it is important for employers to be properly prepared before doing so.

Neurodiversity Celebration Week took place at the end of March which aims to challenge stereotypes and misconceptions about people with neurological differences.

It was announced on 28 March 2022, by the Presidents of the Employment Tribunals, that the bands for injury to feelings awards, the so-called Vento Bands, are to be increased in England, Wales and Scotland. The new bands, as detailed below, are set to come into effect on or after 6 April 2022.

In the recent case of Law By Design Ltd v. Ali, the High Court confirmed that a 12 month non-compete restrictive covenant must be no wider than is necessary to protect the business interests, and can be more enforceable the more narrowly drawn the clause is.

The Electronic Money Regulations 2011 (“EMR”) and the Payment Services Regulations 2017 (“PSR”) clearly intend that e-money institutions should keep client money separate and safe, but the Regulations do not expressly state that the money is subject to a trust. Whether a trust nonetheless arises and, if so, at what point, is something on which the courts have not yet reached a settled view.

Two recent cases have resulted in different outcomes when the judges have sought to simplify the legal analysis.