Archived News from 2018

February

Questions we have been asked this month

16/02/18

Q. Can a fixed term contract (FTC) be brought to an end before its expiry? Does a fixed term worker have the same rights? A. It is commonly mistaken that a Fixed Term Worker does not share the same rights as a permanent employee. Under the Fixed Term Employees (Prevention of Less Favourable…

Suspension of Employees in Schools

16/02/18

In a recent Court of Appeal case ( Simon Agreyo v London Borough of Lambeth (Appeal)) the court concluded that suspension should not be a ' knee-jerk' reaction and that alternative options that would be reasonable should be taken into consideration. This case has followed on from similar case…

MEES, please....are you ready?

16/02/18

April 2018 is the date when the new requirements will first hit…are you ready? The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (MEES Regulations) were introduced to improve energy efficiency in both domestic and non-domestic private rented properties as…

"A Picture is Worth a Thousand Words"

06/02/18

The Claimant, aged 76 at the date of the accident, alleged that she sustained a personal injury after tripping over a base level barrier after collecting her grandchild from school. The school was partly under construction and base level barriers are generally used to segregate pedestrian walkways…

Pull the other leg!

06/02/18

Wigan Council - DDJ Glassbrook - Wigan County Court A Claimant had her highways claim dismissed at trial after giving unconvincing evidence. The Claimant alleged that she was walking along a road one evening with her friend, when her right foot got stuck in a pothole. She pleaded that she…

Highways Claim Dismissed by Judge

06/02/18

Barnes v Tameside Metropolitan Borough Council A Judge dismissed a claim for personal injury after finding that the Claimant had failed to prove her claim. In April 2014, the Claimant alleged that she was walking home from the supermarket when she tripped on a defective grid and stubbed her…

Claimant Loses Appeal after Slipping on Ice on a Council Car Park

06/02/18

Cook v Swansea City Council (2017) EWCA Civ 2142 The Court of Appeal has dismissed an appeal from an Appellant Claimant after his claim for damages in negligence and/or breach of duty under s2(2) of the Occupiers' Liability Act 1957 was dismissed. The claim arose from an accident in…

PI Reform Update

06/02/18

Lord Keen of Elie QC has appeared before the House of Commons Justice committee to set out the government's agenda for personal injury reforms. This one off session was intended to explain: · the rationale and evidence supporting the Government's proposals for raising the…

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January

Big Brother at Work

26/01/18

Surveillance and privacy in the work has been under the spotlight recently at the European Court of Human Rights. The cases of Antovic and Mirkovic v Montenegro and Lopez Ribaida & Ors v Spain considered whether video surveillance breached Article 8 of the European Convention on Human…

What to expect in 2018 - a guide for employers

26/01/18

With the new year already under way and 2017 having rapidly come and gone, we provide employers with an outline of key issues they should note and take steps to prepare for this year. If 2017 was a busy year for employers, 2018 is expected to be even busier. So, what do you need to know (that…

Does the termination of a fixed-term contract amount to unfair dismissal?

26/01/18

The use of fixed-term contracts is widespread across many industries and business sectors. Whilst the mechanism behind this type of contract appears simple, dealing with the expiry of a fixed-term contract is not always straightforward. The Employment Appeal Tribunal in Royal Surrey County NHS…

Forbes Appoints Oliver Burton as Chief Executive Officer

17/01/18

Forbes Solicitors, the North's leading law firm, has announced the appointment of Oliver Burton as its new Chief Executive Officer. Oliver joins from Warrington-based FDR Law, where he had been CEO since June 2013. Prior to that he was Corporate Banking Director at RBS Corporate in Lancashire…

Contesting a Will - An Overview

12/01/18

With an ageing population, a dramatic increase in house prices and more complex family structures, will disputes are becoming increasingly common. Ben Wilson, an Associate at Forbes Solicitors specialising in Contentious Trusts and Probate, gives an overview of the various ways to contest a will or make…

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