Publications

In two key cases, the Employment Appeal Tribunal has confirmed that it is not directly discriminatory to pay enhanced maternity pay but only statutory shared parental leave pay. However, there is a risk that such a practice could be indirectly discriminatory. Direct Discrimination: Ali v Capita Mr Ali’s wife suffered from post natal depression and

Taxation of Termination Payments. From April this year, all payments in lieu of notice (PILON) are now subject to tax. This change is designed, in the words of the government, to “simplify and tighten” the rules around the taxation of termination payments and represents is a significant change from the previous position where different arrangements

The case of The Chief Constable of Norfolk v Coffey is an important reminder that an individual does not always have to have a particular protected characteristic in order to be discriminated against on the basis of that characteristic. In the first case of this kind, a police officer was found to have been discriminated

The Employment Appeal Tribunal has confirmed that the effective date of termination of an employee who is summarily dismissed and then given notice will be the date of the summary dismissal and not when the notice expires. When does a dismissal occur? Under the Employment Rights Act 1996, an employee will be dismissed if their

On 25 May 2018 the much awaited GDPR came into force. This piece of EU legislation will have a significant impact on the requirements employers must fulfil in order to lawfully collect and process personal data about their employees. It’s therefore important that employers are not only aware of the changes and new rights for

Welcome 2017 saw Devonshires’ Commercial Litigation team involved in some of the leading cases in the UK courts. For example, in June 2017 we acted for Canaccord Genuity Wealth (International) Limited in successfully defending a substantial claim for damages and quantum meruit for £5m. We also acted for the partner of Sergei Pugachev, ‘Putin’s banker’,

The publication of the Paradise Papers put the spotlight on the world of tax havens and has led to increased scrutiny of companies’ tax practices. This has already led to changes in the law, such as the Criminal Finances Act 2017. In this article, Pauline Lépissiér examines the impact of this and how businesses must

A recent legal case has redefined the test for criminal dishonesty, which could have a major impact on numerous regulatory and fraud cases. All regulated businesses and individuals should be aware of these issues. In this article, Sam Moodey looks into this case in detail and considers what steps businesses of all sizes should be

From the moment your organisation becomes aware that it might become involved in a dispute, you have a duty to retain relevant documents and ensure they are not deleted either intentionally or because of data retention policies. As first published by external agency, IT Group. E-disclosure refers to the search for disclosure of all relevant

With the growth of the internet and social media, it is hardly surprising that the concept of crowdfunding has in recent years extended far beyond its first origins in the publishing industry and in the funding of military conflict through war bonds. In this article Matthew Garbutt explains how crowdfunding can be used as a

Over the last year, Devonshires’ Commercial Litigation team has continued to represent a wide array of clients, including ultra high net worth individuals, large multinational companies, regulatory bodies, housing associations, and SMEs. Outlined below are just some of our recent highlights: In June 2017, we successfully defended a substantial claim for damages and quantum meruit

In this edition of our HM Brief we focus on two of Judge Luba’s recent decisions: one relating to service of NTQs on the Public Trustee (following the tenant’s death); and a second dealing with the Deregulation Act 2015 and service of Gas Safety Certificates on assured shorthold tenants.