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...

In this webinar for education institutions we will consider: - contract principles - early questions to consider: • what is the purpose of collaboration? • what IP may be generated? • who owns background IP? ...

Two years in, the way OfS is exercising its powers is really starting to shape the sector. The dynamics between an institution and its regulators can be complicated but getting the relationship right is ever more critical for any institution to thri...

Pension trustees are required by law to be familiar with pensions and trust law, scheme funding and investment principles and their scheme’s governing documentation. This course is designed to give those with responsibility for trust-based pension ...

Prosecutions are down. There is no new safety law, and Brexit should not make much difference, but employers cannot drop their guard when it comes to the health and safety of people. ...

The Pensions Regulator has issued guidance on cyber security, highlighting the need for trustees to be aware of their “responsibilities in respect of cyber resilience” and to “receive regular training and have access to skills and expertise to under...

Many senior managers lack experience of working with unions and employee representatives....

This course considers strategic and practical issues that international HR professionals encounter, from methods to cut costs and improve business performance to contract and policy issues. We explain when HR and legal can support managers’ desire ...

This Nordic employment training course covers, in turn, an introduction to the employment law systems of Denmark, Sweden, Finland and Norway. We will also share the experience we have gained in assisting clients with their operations in the Nordic r...

From today, a new right for employees to request time off work to undertake training or study applies to all businesses in England, Scotland or Wales with 250 or more employees. For employers familiar with the right to requ...

Our recent poll sought your views on the areas of employment law you would most like to see reformed following the election. Unfair dismissal protection, employment tribunal practice and procedure and retirement age an...

The Conservative and Liberal Democrat Coalition Agreement provides some clues as to the future development of employment law under the new Government. The seven page document is an interim agreement and will be followed "in due course" by a final Co...

Statistics for 2009-10 released by the Tribunals Service this week reveal that claims to employment tribunals have dramatically increased this year. Despite an overall drop in 2008-9, when the number of claims was 151,028, claims have soared to 236,...

Comments made in Parliament yesterday by Theresa May, Minister for Women and Equalities, suggest that regulations introduced by the Labour government to extend paternity leave for fathers could be postponed and, ultimately, rewritten by the coalitio...

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 Government Equalities Office (GEO) has launched a consultation into the specific public sector duties that it intends to apply to certain public bodies pursuant to section 153 of the Equality Act 2010. The proposals affect public bodies operati...

The Government Equalities Office (GEO) has launched a consultation into the specific public sector duties that it intends to apply to certain public bodies pursuant to section 153 of the Equality Act 2010. The proposals affect public bodies operati...

Those in legal practice are all too aware of the benefits but also the limitations of legal professional privilege, none more so than lawyers working in-house. Where such protection arises in the context of UK practice is reasonably well settled. Ho...

We have set out below a summary of the notable legislative changes from 1 October 2010. Equality Act 2010 Regulations have recently confirmed which parts of the Equality Act 2010 will take effect on 1 October this year and which parts are currentl...

A new ruling from the Court of Justice of the European Union (CJEU) suggests fathers who take advantage of new rights to extended paternity leave from April next year could be entitled to the same rights and benefits from their employer as women who...

The Scottish Government and the Welsh Assembly Government have issued consultation documents setting out their plans for specific duties for their respective relevant public bodies. These specific duties will supplement the new general duty, introdu...

Does the transferor need to be the employer? This may sound a strange question in abstract but, in the context of group companies, can be a highly relevant issue to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). In...

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...

New draft legislation may adversely impact on commercial arrangements which have been put in place by employers to reward and/or incentivise employees or which employers may wish to use in the future. The new legislation relates to 'Disguised Remune...

Against a backdrop of difficult economic times, the appeal decision in Olds v Late Editions (and other cases) has been keenly awaited in the hope that it would clarify the application of TUPE law to insolvent businesses. A key question sits at the h...

From 6 April 2011 significant changes will be made to the operation of PAYE on both payments made to employees following the termination of their employment and on the engagement of new employees who fail to provide a P45. From that date, employers ...

The Government Equalities Office (GEO) is proposing to make significant changes to the planned specific equality duties that will apply to certain public bodies in England, as well as some operating across Great Britain. The Welsh Assembly Governme...

Chris Mullings of Eversheds Sutherland discusses the different contractual arrangements for options, pre-emptions and rights of first offer, and considers which might best suit particular circumstances and whether the parties really meant what they ...

Neocleous v Rees [2019] EWHC 2462 (Ch) Where a contract was formed over a series of emails and involved the transfer of an interest in land the automatic sign off on the solicitor’s email was enough to mean the document was “signed&rdquo...

In the matter of an application by (1) Gary Owen (2) Heather Lynn Richards [2019] UKUT 171 (LC) A recent Upper Tribunal case highlights the importance of ensuring that applications to modify or discharge restrictive covenants are made on the correct...

The Treasury Select Committee’s report highlights the recent calls for meaningful reform to the business rates system.  The concerns have been growing, culminating most recently in a letter signed by over 50 retail bosses to the Chancello...

As originally published on CoStar on 07 November 2019 In the first of a regular series, leading real estate lawyer Bruce Dear talks to a senior player in real estate over ...

Derby Technology Hospitals NHS Foundation Trust and others v Derby City Council and others [2019] EWHC 3436 (Ch) The High Court has held that NHS Foundation Trusts are not charities for business rates’ purposes and are therefore not entitled t...

Colour Weddings Ltd v Ritchie Roberts (Valuation Officer) [2019] UKUT 385 (LC) The issue of how a property undergoing redevelopment should be treated for rating purposes hit the headlines a few years ago with the case of Monk v Newbegin. That case e...

Giles Duncan Fearn (2) Gerald Kraftman (3) Ian McFadyen (4) Helen Claire McFadyen (5) Lindsay Urquhart v The Board of Trustees of the Tate Gallery [2020] EWCA Civ 104 The Court of Appeal has dismissed an appeal made by residents of luxury glass-fron...

Eversheds Sutherland property column: February 2020  Introduction A property to be transferred is often so much more than an area of land or a building. The rights that accompany the area edged red on a title plan may make the land worth having...

Nigel Crighton Pease v Jeffrey William Carter and Louise Mary Carter [2020] EWCA Civ 175 A recent Court of Appeal decision found that notices of proceedings for possession under s.8 of the Housing Act 1988 were valid despite an error in a key date ...

In Austria, the Civil Code provides in its Sections 1104 and 1105 ABGB for total or partial exemptions from existing rent payment obligations for tenants in the case that the leased property is unusable due to epidemics. When is a complete rent exe...

  The Ground Beneath Our Feet The reservations of mines and minerals in a real estate context can be a cause for concern, especially when considering purchasing a property for development. With an eye to an economic opportunity, the registratio...

SARS-CoV-2 ("Corona") The SARS-CoV-2 virus, also referred to as "Corona", has reached Germany with significant effects across all industries. This article aims at answering the specific issues which communities of condominium owners and administrato...

  Together in electric dreams The Chancellor’s announcement of a £500 million fund to support the rollout of electric vehicle charging points has caused many landowners to take notice of the potential benefits that this electric rev...

1. FCA Final Report on Motor Finance In March 2019, the FCA published its Final Report on motor finance. Our briefing note on the Final Report can be found Full Article