Recent Posts
Lorraine Rose-Dugdale
Land Registry Makes it Easier to Re-Mortgage
The Land Registry’s digital service “Sign your mortgage deed” was launched a year ago and is now being offered by major high street...
11/04/19
Joanne Moseley
Do your staff realise they can be prosecuted for unlawfully accessing your data?
These three (presumably) didn't and now have criminal convictions. Faye Caughey worked for an NHS Foundation Trust and was authorised to...
01/04/19
Stephanie Reeves
The new FOS regime is here - what YOU need to know
The Financial Conduct Authority (FCA) has confirmed that with effect from today (1 April 2019), the scope of the Financial Ombudsman...
01/04/19
Irwin Mitchell
Co-op ordered to pay £1.3m in costs for not complying with GSCOP
By Rob Coleridge and Amelia Darbo The importance of compliance with the Groceries Supply Code of Practice (GSCOP) has been reinforced...
29/03/19
Irwin Mitchell
The Millennial "Mates" Mortgage for Four? But what are the planning implications.
This week's post takes inspiration from a twitter conversation I had on my commute home last night as I saw the BBC article below shared....
06/03/19
Joanne Moseley
Does a rest break have to be continuous?
Under the Working Time Regulations 1998, adult workers are entitled to a rest break after six hours work. Employers can agree how long...
05/03/19
Joanne Moseley
“Where’s my personal data? - How to respond to subject access requests under GDPR
In a world crammed with data and where the acronym “GDPR” (short for General Data Protection Regulation, an EU Directive) has hit the...
28/02/19
Joanne Moseley
FAQs about redundancy
We answer some of the trickier questions about redundancies that don’t involve collective consultation. Q1: We are going to have to make...
28/02/19
Irwin Mitchell
Assertion of statutory right must relate to something that has already happened
Most unfair dismissal claims require the claimant to have had two continuous years of service in order to be able to make a claim to the...
21/02/19
Elizabeth Thomson
Cracking down on the Code: RICS Professional Statement for Commercial Service Charges
Real Estate solicitor, Lucy Barber, reviews the new Professional Statement for Commercial Service Charges Summary The new Professional...
05/02/19
Joanne Moseley
When should you involve occupational health?
The decision of the Employment Appeals Tribunal in the case of Lamb v The Garrard Academy reminds organisations that if they don't refer...
31/01/19
Irwin Mitchell
When is a Nursery a School, a School a Nursery and a Nursery-School?
Nurseries are not the same as schools under planning legislation, the High Court has decided, but the whilst the headlines reference the...
24/01/19
Irwin Mitchell
The Famous Five: A quick(ish) recap of case law on the operation of the Community Infrastructure Levy
In the last eight weeks, the number of reported cases on the operation of the Community Infrastructure Levy has almost doubled....
22/01/19
Irwin Mitchell
Have your cake and eat it too?
By Rob Coleridge and Amelia Darbro The 1991 McVitie’s case is known by cake fanatics, lawyers and philosophers alike, as it answered the...
17/01/19
David Shirt
UK’s first Deferred Prosecution Agreement successfully ends
By Craig Weston, Senior Associate Barrister at Irwin Mitchell. On 30 November 2018 a landmark was reached for the SFO and the...
11/12/18
Joanne Moseley
Bus driver sacked after failing a drugs test awarded £37,639.32
The case of Ball v First Essex Buses Limited is a good example of how not to fairly dismiss someone accused of serious misconduct. Facts...
26/11/18
Joanne Moseley
Government publishes new guide to help managers recruit and manage people with disabilities
The Department for Work and Pensions has published a practical guide to help line managers recruit, manage and support people with a...
23/11/18
Lorraine Rose-Dugdale
Discharge of Restrictive Covenant Requiring Approval of Plans
A case decided last week by the Upper Tribunal (Lands Chamber) is good news for developers looking to develop land subject to a...
22/11/18
Irwin Mitchell
The road to permitted development is paved with good intentions High Court tells Hounslow that what they meant to do, matters a whole lot less than what they actually did
Last week, the Administrative Court had the thankless task of informing the London Borough of Hounslow that an Article 4 Direction, which...
08/11/18
Joanne Moseley
Employee called a "fat ginger pikey" loses harassment case
How on earth can an employee refer to a member of staff in this way and, effectively, get away with it? The law The Equality Act 2010...
25/10/18
Joanne Moseley
New Government guidance makes it tougher to remove exam results from performance data
Schools and FE colleges that have applied for the exam results of pupils with serious illnesses, or who are home educated, to be...
24/10/18
Joanne Moseley
Morrisons vicariously liable for deliberate data breach by "rogue" employee
Yesterday the Court of Appeal confirmed that the supermarket, Morrisons will have to pay damages to thousands of employees whose data was...
23/10/18
Irwin Mitchell
8,000 Tesco workers join new equal pay claim
Tesco is facing a barrage of additional equal pay claims. Under equal pay law in the UK, staff can challenge their pay rates as compared...
03/10/18
Irwin Mitchell
Abuse of Process: Council's enforcement prosecution "based on .... an improper motive"
It is not very often that I am genuinely taken aback by the facts of a Court of Appeal case, but R v The Knightland Foundation and Jacob...
02/10/18
Joanne Moseley
Can you only hold a disciplinary hearing during an employee's normal working hours?
No, but in most cases, it is sensible to do so. There is no rule that says you are limited to holding disciplinary or grievance hearings...
05/09/18
Joanne Moseley
Doctor convicted of gross negligence manslaughter wins right to practice again
Last month, Dr Bawa-Garba, the junior doctor convicted of gross negligence manslaughter won the right to continue to practice medicine....
05/09/18
Joanne Moseley
Can menopausal women bring discrimination claims?
Around 50% of women going through the menopause experience symptoms that affect their working life. With 3.5 million working women aged...
24/08/18
Joanne Moseley
"Equality rules" for children in schools unlawful
Schools and colleges may have to change their exclusion policies following a landmark judgment about a 11 year old boy excluded from...
22/08/18
Joanne Moseley
Teacher acquitted of rape loses enhanced criminal check appeal
A teacher was turned down for two jobs after an enhanced criminal record check revealed that he had been acquitted of raping a 17 year...
22/08/18
Joanne Moseley
When do you have to postpone a disciplinary hearing?
You have invited a member of staff to a disciplinary hearing. They have asked you to postpone the hearing so their union official can...
15/08/18