The Supreme Court in R (on the application of UNISON) v Lord Chancellor has declared employment tribunal and EAT fees to be unlawful under both domestic and EU law. The Court has decided that tribunal fees are unlawful and must be overturned because they have the effect of preventing access to the tribunal system. Therefore,…
Much of the publicity surrounding the Taylor Review into working practices published last week has centred around its proposals concerning the so-called ‘gig economy’. We will write about this in a separate blog but in this Eploy we look at some of the specific proposals relating to employment law set out in the report. The…
A recent Court of Appeal case considered the question of when a notice of redundancy sent by post took effect. This can have important consequences, not least on termination payments and pension entitlements (as in this case). We consider the decision in Newcastle Upon Tyne NHS Foundation Trust v Haywood and its impact on employers.…
Recent developments in partnership law may have given those contemplating a team move pause for thought. Andrew Cromby and Alice Galler of Bracher Rawlins consider the impact of the decision in Jeremy Hosking v Marathon Asset Management LLP [2016] EWHC 2418 (Ch). If any one thing can be said to underpin the relationship between partners, it is…
A recent case handled by our litigation department demonstrates just how unpredictable litigation can be and highlights the potential costs implications for a party acting unreasonably. Background We acted for the Defendant in this case, a specialist IT recruitment company. Our client had placed one of its consultants (the Claimant) in a position overseas, where…
The new EU General Data Protection Regulation (GDPR) radically overhauls the existing data protection legislation. We look at its implications for businesses and what steps they need to take now. The new General Data Protection Regulation (GDPR) comes into force on 25 May 2018. That seems some way off but with a greater regulatory burden…
The recent case of Holland v Oxford City Council considered an age-old question: is land held under a lease or licence? The distinction is important as it affects an occupier’s rights to enjoy and remain on the land. What was unusual about this case is that it related to pitches at a fun fair. We…
An article by Bracher Rawlins partner Andrew Cromby has been published in the Solicitors Journal. In Brexit: Negotiating another partnership dispute, Andrew considers the parallels between the UK’s departure from the EU and bitter partnership exits faced by law firms. “Partnership exits can be particularly problematic where the departing partner is a longstanding, full equity…
A bicycle courier is a worker entitled to employment rights according to a recent ruling by the Employment Tribunal. We look at the latest in a string of decisions that are having repercussions across the “gig economy”. Margaret Dewhurst had worked as a courier for CitySprint for two years. In November, she brought a case…