News archive: July 2016

  • Posted on July 25, 2016
    Purchasing a property can be an expensive time and so many purchasers ask the question: “do I really need to have a survey carried out?”

    Our advice is always to have an appropriate (please see below) survey carried out to ensure that you are aware of all matters affecting a property including previous alterations that may not be noticeable upon first inspection and so that you can plan for future maintenance.
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    Posted in: Property
  • Posted on July 25, 2016
    The Acas Code of Practice on Disciplinary and Grievance Procedures is designed to assist employers dealing with disciplinary action or grievances raised in the workplace. An employee cannot bring proceedings on the basis that the employer has not followed the Code but an employment tribunal will consider this when deciding cases.
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  • Posted on July 22, 2016
    The case of Faithorn Farrell Timms LLP v Bailey is the first appellate authority on the scope of s.111A Employment Rights Act 1996 which introduced the concept of pre-termination negotiations between an employer and an employee, from 29 July 2013. Such negotiations are inadmissible in unfair dismissal claims only. The Employment Appeal Tribunal (EAT) has held that the inadmissibility extends not only to the content of the discussions but the fact that those discussions have taken place. It has also held that privilege cannot be waived by the parties. This is contrary to the ‘without prejudice’ rule which may be used as an alternative to a s.111A pre-termination negotiation where there is a pre-existing dispute. It is long understood that privilege can be waived under the without prejudice rule.
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  • Posted on July 12, 2016
    The European Court of Justice (ECJ) has reaffirmed the position regarding holiday accrual and carry over during sickness absence in the case of Sobczyszyn v Skola Podstawowa w Rzeplinie. A worker can carry forward holiday where they have been prevented from taking it due to a period of sickness absence.
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    Posted in: Employment
  • Posted on July 1, 2016
    In T-Systems v Lewis, the Claimant was disabled by virtue of her type 1 diabetes. A medical report was commissioned on behalf of the employer to determine the impact of her disability on her future employment following a decision by the employer to introduce a new shift pattern.
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