Despite an overall drop in the number of claims last year, statistics for 2008-09 released by the Tribunals Service last week reveal that claim numbers remain high at 151,028 and the majority of claim types rose in that period. The latest statisti...

This morning, the Government has clarified its proposals to enable employment tribunals to pass on whistle-blowing allegations, raised in ET1 claim forms, to the relevant regulatory authorities. New powers are to be introduced ...

Today, Vince Cable has announced a number of measures with the stated aim of making “it easier for businesses when taking on, managing and letting go their staff, while also being fair to workers”. As well as announcing further details ...

In our briefing of 23 May 2012, we reported the publication of the Enterprise and Regulatory Reform Bill, legislation which proposes various measures to improve resolution of employment disputes and tribunal refo...

Procuring authorities and private sector contractors have for some years struggled with the application of the Freedom of Information Act to PFI/PPP procurement processes, and to the legal documentation that results from them. Procuring authorities...

Enterprise Bill 2016 On 4 May 2016, the Enterprise Act 2016 (“the Act”) received Royal Assent. The Act will be commenced in stages and has been enacted to help promote the growth of enterprise and small businesses within the UK. One of the main prov...

On 17 March 2020, we sent out an e-Brief: Occupational Health and Safety: COVID-19 (click here to access this e-brief) where we discussed the responsibilities which are placed on employers in terms...

With the Ministry of Defence (MOD) announcing that they are expecting to mobilise up to 3,000 armed forces reservists to aid the military response to the coronavirus pandemic for at least six months, employers with reservist employees will be affect...

We are here for you Considering the development of the pandemic COVID-19, our highly experienced team of fee earners and counsels remains committed to providing continued services for our clients during this period. Therefore, the use of communicati...

The High Court has provided some clarity on applying the government’s Coronavirus Job Retention Scheme to insolvent businesses. In particular, how the Scheme permits administrators to pay furloughed employees within the constraints of current ...

On Friday evening, 17 April, further revisions were made to the guidance for employers and employees regarding the operation of the Coronavirus Job Retention Scheme (the Scheme). This time also, the guidance changes were accompanied b...

After the recent decision in R (Weaver) versus London and Quadrant Housing Trust [2009] EWCA Civ 587 the answer, more frequently than not, will be when it is not acting as a 'hybrid authority' and not exercising the pow...

Following the landmark Pinnock decision, the Supreme Court has now provided landlords with a set of guidelines which should help them to avoid falling foul of human rights issues in relation to recovery of possession. These appeals surround the emo...

The New Act The Flood and Water Management Act 2010 received Royal Assent on 8 April 2010. The Act takes forward several Government strategy documents and, importantly, reflects the Government’s response to Sir Michael Pitt’s Revie...

The European Commission has recently commenced a consultation exercise regarding future sustainability and competitiveness within the EU construction sector. This consultation was initiated following the publication of the Commission report on the S...

Welcome to some important ‘news’ for the Developer & Construction sector. I predict a riot: What you need to consider if your building site is impacted by the recent disturbances The current riots/disturbances in cities across Engl...

The current riots/disturbances in cities across England raise a number of issues in relation to construction sites. These will include fundamental health and safety issues but it also raises important considerations in relation to any damage or...

At the Conservative party conference the Communities Secretary Sajid Javid, and the Chancellor, Philip Hammond, announced a fresh package of measures aimed at addressing the national shortage of new homes. The ambition is to deliver more than 25,000...

With the dust settling after the recent General Election, it is possible to better speculate as to the likely direction of travel of the new Conservative government. The new administration has a slim majority, therefore, there still may be an elemen...

In Edenred (UK Group) Ltd v (1) Her Majesty’s Treasury (2) Her Majesty’s Commissioners for Revenue and Customs (HMRC) (3) National Savings and Investments [2015] UKSC 45, the Supreme Court unanimously dismissed Edenred’s challenge ...

In Edenred (UK Group) Ltd v (1) Her Majesty’s Treasury (2) Her Majesty’s Commissioners for Revenue and Customs (3) National Savings and Investments [2015] UKSC 45, the Supreme Court unanimously dismissed Edenred’s challenge to Her ...

In Woods Building Services v Milton Keynes Council [2015] EWHC 2011 (TCC), the High Court upheld a challenge by an unsuccessful bidder (“Woods”) of a tender process undertaken by Milton Keynes Council (the “Council”) on the g...

In the wake of Brexit, the extent to...

Introduction This briefing considers issues relating to the extent to which the UK&rs...

The Crown Commercial Service (“CCS”) has now published a revised standard Selection Questionnaire and guidance in the form of Procurement Policy Note (PPN) 8/16. This can be found here. PPN 8/16 supersedes and replaces PPN 3/15 which con...

Introduction In a recent judgment on an application to vary consent orders relating to the establishment of a confidentiality ring (Bombardier Transportation UK Limited v Merseytravel [2017] EWHC 726 (TCC)), the court decided that despite some conce...

On 21 July the Technology and Construction Court handed down judgment in relation to two applications made in the case of Perinatal Institute v Healthcare Quality Improvement Partnership. This interesting judgment highlights two potential pitfalls f...

Introduction Relevant facts The Court’s decision Whether the Remedies Directive permits the imposition of conditions for claiming damages Clarifying the burden of proof when claiming damages for loss of profit Grounds on which a contracting...

The European Commission has revised the thresholds relating to the award procedures of public contracts and concession agreements by means of four separate Commission Delegated Regulations, adopted on 30 October 2019, which entered into force on 1 J...

Eversheds Sutherland is pleased to announce that 12 IP lawyers from our global practice have been recognized in the 2020 World Trademark Review’s “World’s Leading Trademark Professionals” list. Now in its tenth year, the WTR ...

Are you comfortable with latest government guidelines on working in a pandemic? Are you enforcing social distancing? In a sea of ‘fake news’ do you understand how Coronavirus is actually spread and what is safe and unsafe?...

Join us on Friday 17 April as we examine management of real estate contract risk in an uncertain financial market. This session will look at the types of contractual issues you may face, risk protection, reputation management and effective dispute r...

In this webinar for education institutions we will cover:...

The world is in turmoil. Rumour, fake news and wild assertions form part of our daily information overload. How are good organisations communicating with their employees, suppliers and stakeholders? Reputations will be made and lost during this cris...

In this session we look at high value/reputationally sensitive disputes in the education sector. Running a university or Higher Education Institution is always a complicated business – and never more so than now. The sector is facing a time of unp...

There are fundamental changes to the UK’s immigration rules in the pipeline. These will result in a new immigration system applying to non-British and Irish citizens and will not just therefore mean changes to the existing provisions in respect of y...

With figures (quoted by the FCA in 2019) suggesting that 5 million people could be at risk of falling for a pension scam, and (according to Action Fraud) March seeing a 400% rise in COVID-19 related scams, it is no surprise that pension scams featur...

There are fundamental changes to the UK’s immigration rules in the pipeline. ...

Alternative forms of dispute resolution are becoming ever more common. Encouraged by the courts and increasingly favoured by parties, options such as mediation, arbitration and adjudication are becoming more widely used. But what are the differences...

The Court of Appeal has today handed down an important decision in the context of age discrimination and criteria for career progression. Endorsing the earlier judgement of the Employment Appeal Tribunal, the Court has found that ...

There are rumours that Government is set to withdraw the so called "Two Tier Code" in public sector outsourcing contracts, a move which would represent a significant policy change, albeit not an unexpected one. Abandoning the Code would be likely t...

Default retirement age to be abolished next year The Government has this morning confirmed that it plans to abolish the default retirement age (DRA) next year. The aim is that from 6 April 2011 the statutory retirement procedure in Schedule 6 of th...

The Court of Appeal has approved the application of the House of Lords decision in the case of London Borough of Lewisham v Malcolm [2008] IRLR 700 to employment-related cases. See our previous HR e-briefing 366 for further information. In many res...

The Court of Justice of the European Union (CJEU) has handed down two important judgments on age discrimination this week. The first, on retirement, will be of interest to those employers deciding whether to retain a compulsory retirement age follow...

The change Important new guidance for giving disclosure of electronic documents in civil litigation was introduced on 1 October 2010. A new practice direction (31B: the Electronic Disclosure PD)  will have a significant impact on substantial c...

The Court of Appeal has today cast doubt on existing domestic case-law on when the obligation to consult begins under section 188 TULRCA and the EU Collective Redundancies Directive. Having considered two opposing views as to when consultation begin...

The Government has today published a consultation on employment tribunal reform.  The consultation floats a wide-range of proposals, going well beyond the measures which were rumoured to be up for consideration. The consultation document inclu...

London Kendal Street No.3 Limited v Daejan Investments Limited (County Court) Earlier this summer the County Court at Central London issued the first decided case to apply the test given in the Supreme Court case of S Franses Ltd v Cavendish Hotel (...

The Supreme Court has issued an important decision which considers whether land can be registered as a town or village green where that land has been acquired by a statutory undertaker and is held for purposes that are inconsistent with the use of t...

  Eversheds Sutherland Property Column: January 2020 Many real estate documents provide for the indexation of payments or prices or costs throughout the life of the transaction. Increases in line with inflation (however measured) or in line wit...