Article Category: Insight & Opinion

You may have read my previous blog on the case of London Borough of Lambeth v Agoreyo which considers whether the suspension of a teacher could give them recourse to claim constructive unfair dismissal. The case has been heard for a second time, in the Court of Appeal, and the ruling is one that teachers… Read more »

Recent publicity following the BBC drama “Care” has brought NHS Continuing Healthcare funding into the spotlight. NHS England reports that 77,741 people were found eligible for Continuing Healthcare funding (CHC) during the nine month period to 31st December 2018. These patients are eligible for all of their care fees to be paid by the NHS,… Read more »

In modern society our family circumstances are more diverse than ever. Increasing numbers of people are considering remarriage and a new term ‘blended’ families has been introduced for those households bringing up children from previous relationships together. When your family circumstances change it is imperative to consider the position of your Will. Recent research has… Read more »

The relationship between a landlord and tenant of business premises is governed by the Landlord & Tenant Act 1954 (“the Act”). Unless the parties have agreed (by following the prescribed procedure) to exclude the terms of the Act that provides security of tenure for the tenant, at the end of the fixed term of the… Read more »

When owners reach a decision to sell their business often the first assumption is to market their business for sale to a third party buyer. But more often there is an alternative option lying nearer to home. A Management Buyout (or MBO) is a common way to sell the ownership of a business to an… Read more »

The general starting point when considering division of matrimonial assets on divorce is an equal division of the assets unless there is good reason to the contrary. In limited cases where one party to the marriage feels they have made such an extraordinary contribution to the creation of wealth within the marriage that it would… Read more »

A Non-Disclosure Agreement (NDA) is commonly used to protect confidential information being disclosed either publically or, in the commercial sense, to a competitor. They explain what information must remain confidential and under what, if any, circumstances the information can be used or disclosed. They can often be presented to employees at the start of their… Read more »

Disciplinary investigations in schools are the foundation of any disciplinary proceedings. The investigation needs to be both fair and reasonable, impartial, and the accused must have the opportunity to comment on relevant documents and evidence. The recent case of Mr M Whittaker v Governing Body of Sutton Oak Church of England Primary emphasised the importance of… Read more »

Following the cases of Mezey and Gogay, we are all aware that suspension from duty of a qualified professional, such as a teacher, is not considered to be a neutral act. It shouldn’t be used as a ‘knee jerk’ reaction and could ultimately lead to unfair dismissal claims. Does the suspension of a teacher breach… Read more »

In short, no. In the UK, travel time to and from a worker’s home is excluded from ‘working time’ under the National Minimum Wage Regulations. However, in a case from 2015 the European Court of Justine (ECJ) decided that, where a worker has no fixed or habitual workplace, time spent travelling between their home and… Read more »