Article Category: Insight & Opinion

Disclosure and Barring Service (DBS) changes implemented on 1st August 2019 saw the introduction of a withdrawals policy. This policy means that DBS will no longer amend enhanced DBS check applications — made after 1st August 2019 — where missing or incorrect information has been identified in particular fields (detailed below). The applications in question… Read more »

Misrepresentation of the facts in contract law can quite rightly, have financial consequences. The importance of making true and accurate representations when encouraging a party to enter into a contract was highlighted in a well-publicised case in 2018, where a premium dating agency was ordered by the High Court to refund a client £12,600 after… Read more »

The Residence Nil Rate Band (RNRB) is an additional inheritance tax allowance which can be utilised by those who have a residential property and wish to leave this to their direct descendants. This includes children, grandchildren, stepchildren and even widows, widowers and civil partners of descendants in certain circumstances. On 6 April 2017, George Osborne… Read more »

A year or so ago Mr and Mrs Smith came to see me to enquire about a Lasting Power of Attorney. Mr Smith was sadly suffering from early-stage Alzheimer’s disease and as a result of her husband’s ill health, Mrs Smith had given up work to look after him. Following a drastic fall in their… Read more »

Most employers are aware that if an employee is dismissed with two or more years’ service, the employee will be able to bring an unfair dismissal claim within the Employment Tribunal. Therefore, it is often assumed that, if the qualifying length of service isn’t met, then there is no risk of a claim arising from… Read more »

Following Government proposals made in the Good Work Plan on employment rights, legislation has now been passed which means that the right to be given a written statement of particulars will be effective from the first day of employment, and most notably, will now apply to workers as well as employees. The changes are due… Read more »

Schools will be familiar with the DfE’s ‘Keeping Children Safe in Education’ and ‘Working Together to Safeguard Children’ documents. A recent update which will be published on 2nd September 2019 has further strengthened the requirements for schools and academies, and will bring about a new Keeping Children Safe in Education 2019 document. The document is… Read more »

The Electronic Communications Code 2017 (‘the Code’) controls the relationship between landowners and companies who run communication networks through cables and masts. This new code has generated more litigation in two years than the previous code had in over 20 years. In part, this is due to the telecoms firms exploring the extent of their new… Read more »

The Court of Appeal has confirmed that term time workers’ holiday pay should not be on a pro-rata basis, but should instead be calculated using their average earnings over the preceding 12-week period. Lord Justice Nicholas Underhill stated that the working time regulations did not require leave for workers to be reduced to a pro-rata… Read more »

A Christian doctor, Dr Mackereth, told an Employment Tribunal that he was dismissed from his position as a benefits assessor by the Department for Work and Pensions (DWP) due to his religious beliefs. He argued that he was the victim of discrimination at work when he refused to refer to ‘a 6ft tall bearded man’… Read more »