News

Fixed Recoverable Costs Regime now in force

6 December 2023

A new fixed recoverable costs regime came into force on 1 October 2023 which will have substantial impact on all civil cases issued in Court after that date for a value between £10,000 – £100,000.   The new rules fix the costs which a ‘winning’ party in litigation may recover from the losing party. There […]

Worker Protection (Amendment of Equality Act 2010) Act 2023

29 November 2023

With the festivities in full swing, the aftermath of the office party can be open season for employment claims. Complaints of harassment are likely to be the first on the list in the sober light of day, with sexual harassment being the main contender. Recently the Worker Protection (Amendment of Equality Act 2010) Bill has received […]

Retained EU Employment Law – The Government’s Response

29 November 2023

The Government has recently published its response to the consultation on ‘Retained EU Employment Law’, and to the consultation requirements under TUPE. It has also responded to the earlier consultation on calculating annual leave entitlement for part-year and irregular hour workers following the Supreme Court’s decision in Harpur Trust v Brazel. Working time record-keeping obligations […]

The Importance of Delivery: Royal Mail Fined for Missing Targets

23 November 2023

Ofcom, the industry regulator for the Royal Mail has fined them £5.6 million for missing delivery targets. Under the rules dictated by the regulator, Royal Mail is required to deliver 93% of first class mail within one working day and 98.5% of second class mail within three working days. However, during the 2022-23 financial year, […]

Berry Smith is delighted to have advised the shareholders of PWIDF Ltd on their sale to Premier Forest Products

16 November 2023

PWIDF Ltd is a Newport based specialist door manufacturer, locally renowned for quality and craftmanship. The company was founded by Paul White in 1996 and has since developed a strong reputation within the market due to the precision and high calibre of their fully compliant fire doors. Alongside the manufacture of bespoke fire doors, PWIDF […]

Protecting Small Businesses: UK Government to Tackle Late Payments

15 November 2023

In February 2023, the UK Government announced that they were reviewing the current payment practice regime as it is due to expire next April. The review, titled the ‘Prompt Payment and Cashflow Review’, includes focus on how successfully the current regulation was performing in relation to late payment and to determine whether it required extending […]

Berry Smith Employment Department nominated for Employment Team of the Year

15 November 2023

We are thrilled to share that Berry Smith’s Employment and HR team has been shortlisted for the 2023 Wales Legal Awards in the ‘Employment Team of the Year’ category. The Employment and HR team is headed by Sarah Alford, Employment Partner, and made up of three other experienced, specialist employment lawyers, Michael Shutt, Caitlin Rees […]

New UK-US Data Bridge Given The Green Light

31 October 2023

As of 12th October 2023, transferring personal data from the United Kingdom to the United States became simpler, due to the introduction of a new UK-US data bridge under the UK Extension to the EU-US Data Privacy Framework (DPF). The introduction of the UK-US data bridge allows personal data to be transferred to the US […]

Access to Work

31 October 2023

Access to Work is a government programme aimed at supporting individuals who have a physical or mental health condition or disability to take up or remain in work. To be eligible for Access to Work, the individual must: The support the employee receives will depend on their needs. Access to Work support covers a wide […]

Remote and Hybrid Working Considerations

31 October 2023

Following the outbreak of the Coronavirus pandemic, the hybrid system of working became more popular. A number of workers are now able to work in the office, at home or in some cases even from abroad. It is currently estimated that around 78% of companies allow a form of hybrid working, according to data from […]

Berry Smith again features prominently in leading guides to legal profession

31 October 2023

Berry Smith has again featured prominently in the publication of the two leading annual independent guides to the legal profession in England and Wales. In the recently published editions of both the Legal 500 and the Chambers & Partners guides, the firm is listed highly for Corporate and Commercial, Dispute Resolution, Commercial Property, Employment & […]

Wagatha Christie: The Importance of Registering Your Trade Mark 

5 October 2023

In 2019, Coleen Rooney publicly accused Rebekah Vardy of leaking posts from her private social media account to the British newspaper, ‘The Sun’. Vardy responded with a lawsuit against Rooney, suing her for libel in a case that would be colloquially labelled as ‘Wagatha Christie’. Due to their relationships with famous British footballers, the name […]

Updated ET1 and ET3 Forms

28 September 2023

In the ongoing efforts to enhance the Employment Tribunal process, His Majesty’s Courts and Tribunals Service (HMCTS) introduced updated versions of the ET1 and ET3 forms on 3rd August 2023. The ET1 and ET3 forms are the proscribed forms which must be used in order to commence and defend a claim in the Employment Tribunal. Certain information must be […]

TUPE and Share Incentive Plans

28 September 2023

There has been a recent case at the Inner House of the Court of Session (the Scottish equivalent of the Court of Appeal) which held that the benefit of a non-contractual share incentive plan transfers under the Transfer of Undertakings (Protection of Employment) Regulation 2006 (“TUPE”). This decision confirms that TUPE can cover share scheme […]

Creating Mentally Healthy Workplaces Wales Conference

28 September 2023

Berry Smith Lawyers is pleased to support the Senedd Insight’s Creating Healthy Workplaces Wales conference, where Caitlin Rees, an Associate in the Employment & HR department, has been invited to speak at the event. Caitlin said I am really looking forward to speaking at the Senedd Insight’s Creating Mentally Healthy Workplaces Wales Conference on Thursday 19 […]

Berry Smith secures acquisitions hat-trick for Cardo Group Limited

21 September 2023

Berry Smith is delighted to have guided valued client, Cardo Group Limited through a double acquisition process. Cardo is making ripples in the industry, with their double acquisition of Osborne Property Services Limited and Jefferies Contractors Limited in quick succession; their third acquisition process facilitated by the Berry Smith legal team in four months. South-east […]

Shared Parental Leave: FAQs

31 August 2023

Shared Parental Leave (SPL) is a scheme that provides an entitlement for eligible employees to take leave from work in the first year after a child’s birth or the placement of a child with them for adoption. The government has published two sets of useful guidance for employers, details of which can be found by […]

Maternity Leave: FAQs

31 August 2023

We regularly receive questions from employers that are worried about falling foul of the laws relating to maternity leave. In this article we answer some of those questions, in an effort to help navigate employers through this heavily legislated area. Does an employee have the right to return to the same job after their maternity […]

The Electronic Trade Documents Act – What you should know

22 August 2023

The highly anticipated Electronic Trade Documents Act (ETDA) received Royal Assent on the 20th July 2023, the final step necessary for the bill to become an Act of Parliament. The ETDA will apply to both large businesses and SMEs in the UK as it innovates international trading. The Act aims to modernise and overhaul outdated […]

Berry Smith Celebrates Dealmaker Nominations

18 August 2023

This week, Berry Smith’s corporate team is once again celebrating the success of being shortlisted for the Wales Dealmakers Awards. The Wales Dealmakers Awards 2023 will be held at the Mercure Holland House Hotel in Cardiff on the 28th September 2023. The evening will celebrate the successes of the corporate finance scene in Wales by […]

Contract Confusion – are your contracts still fit for purpose?

17 August 2023

It is fairly obvious that having robust commercial contracts in place is essential for a company’s success. With this in mind, business owners spend hours drafting and negotiating their contracts before putting them to use. Unfortunately, for many business owners this is where the job ends and commercial contracts remain in use for extended periods […]

What Should Your Privacy Notice Look Like?

15 August 2023

The UK General Data Protection Regulation (GDPR) states that data controllers must provide certain information to people whose information (personal data) they hold and use. A privacy notice is one way of providing this information. A privacy notice should identify who the data controller is and provide contact details for its Data Protection Manager, or […]

The introduction of compulsory mediation in Small Claims Track cases

8 August 2023

The Ministry of Justice (MoJ) has issued its response to a consultation carried out in 2022 regarding the extension of the use of mediation within the civil justice system. The response sets out firm plans as to the way forwards, and indicates future developments that may be on the way for higher value cases. In […]

The Employment Relations (Flexible Working) Act 2023

2 August 2023

You may be aware that the Government have discussed changes to flexible working over the past couple of years. The Bill has now completed its passage through Parliament and will become law. The new Act will make a number of changes to current rules around flexible working. In particular, the new changes will be: Despite […]

Mental Health in the Workplace

2 August 2023

According to an article in the Times Newspaper on 28th July 23, more than one million people are off work with depression, stress or anxiety. Of a record 2.5 million classed as long term sick – up more than 400,000 since 2019 – the Office for National Statistics found that more than half (1.35 million) […]

Could Emoji Signatures get the Thumbs Up?

25 July 2023

We are all aware that we are living in an increasingly digital age. From social media to digital streaming, it is clear that digital technology plays an ever important role in our lives. In fact, a 2022 screen time report found that the average non-work related screen time among UK adults is 5 hours per […]

New Bills receive Royal Assent

5 July 2023

On 24th May 2023, three new Private Members’ Bills received royal assent. These Bills will give greater protection to parents and unpaid carers. Whilst the Government has not yet announced when these Bills will be in force, they will be coming into force shortly and this will affect all employers.The three new bills are the […]

Key Tips to Navigating Commercial Contracts in 2023

27 June 2023

Businesses continue to face economic uncertainty in 2023, with double-digit inflation and elevated interest rates significantly constraining consumer spending. In this article, we hope to set out some key tips to consider when facing negotiations in the pre-contract stage to help ensure your business remains flexible and protected. Price Review It is vital to keep […]

Berry Smith Supports Axol Bioscience in Fight Against Alzheimer’s.

14 June 2023

Axol Bioscience and StrataStem have teamed up in the fight against Alzheimer’s Disease. Axol Bioscience are a stem cell technology provider specialising in induced pluripotent stem cell (iPSC) technology for disease research and drug discovery. Among several capabilities (including gene editing, cell reprogramming and other custom lab services), Axol have developed an extensive cell line […]

Berry Smith is Delighted to have Advised LCB Group in its Equity Investment Process

13 June 2023

Berry Smith is delighted to have guided and advised the existing shareholders of LCB Group Holdings Limited through an equity investment process with Buckthorn Partners. The deal pairs leading Welsh social housing contractor LCB and a top UK investment business, with the aim of creating a leading UK wide operation. The newly formed Cardo Group […]

Meta – Data Mishap: Facebook Owner Fined £1bn for Mishandling Data

6 June 2023

The owner of Facebook, Meta, has been fined €1.2bn (£1bn) for mishandling people’s data when transferring it between Europe and the US. The Irish Data Protection Commission (DPC) recently published its decision and issued a press release concerning the transfer of Facebook users’ personal data from Meta in the EU / EEA to Meta’s head […]

Menopause in the workplace in 2023 and beyond

2 June 2023

Why it makes commercial sense for employers and HR teams to take action. Berry Smith’s Employment and HR Team is joined by Dr Laila Kaikavoosi (a leading expert in the field of menopause). Date: Thursday 22nd June 2023         Time: 11a.m. – 12 Noon Venue:  The session will be hosted via an online platform – Zoom. […]

Love Bombing in Relationships: Recognizing this Coercive Control Tactic

30 May 2023

The Crown Prosecution Service (CPS) has recently updated its guidance, officially recognizing ‘love bombing’ as a tactic used in relationships to try and exert control over their partner. This marks an important step in recognising, and addressing, developing forms of coercive and controlling behaviour and ensuring their professionals are suitably equipped to respond effectively to […]

Brexit – Employment Law Changes

30 May 2023

The Government has recently announced their intention to make some changes to the UK’s employment laws as a result of Brexit. These include changes to TUPE Regulations for small businesses, limiting non-compete clauses to three months and removing reporting requirements from the Working Time Regulations 1998, as well as making a u-turn on the planned […]

Mental Health in the Workplace – how organisations can support their employees

30 May 2023

Mental Health Awareness Week took place earlier this month from 15th – 21st May. This year’s focus was anxiety, aimed to help raise awareness and understanding of the difference between anxiety and anxiety disorders. Mental Health UK report that one in ten people (10%) tackle the challenges of living with an anxiety disorder at any […]

Berry Smith has represented the shareholders of Cansford Laboratories Limited in their sale to the Phenna Group

24 May 2023

Berry Smith are delighted to have represented the shareholders of Cansford Laboratories Limited in their sale to the Phenna Group. The private equity backed deal will amplify Cansford’s future growth plans and cements their position as a market leader in drug and alcohol testing services. Cansford Laboratories was set up in 2010 and has developed […]

Berry Smith Celebrates Welsh Law Awards Win

23 May 2023

Berry Smith celebrated victory at the Welsh Law Awards 2023, as the employment team won ‘Employment Law Services of the Year’. The award recognises the outstanding client care the team offers to their large list of clients, as well as the innovative approach taken by those in the team. Sarah Alford, Employment Partner, commented, ‘The […]

Not So Perky Pig: Dessert parlour changes name at request of M&S

18 May 2023

Trade marks are badges of origin and can be any word, phrase, symbol, design, or any combination of these that identifies goods or services. They are how customers recognise a certain brand in the marketplace and distinguish them from their competitors. The importance of individual brand identity was highlighted in a recent letter sent by […]

For the seventh consecutive year, Berry Smith has been shortlisted for Property Law Firm of The Year

17 May 2023

Berry Smith’s Commercial Property team has once again been shortlisted for Property Law Firm of the Year at the Insider Wales Property Awards which will take place on Thursday 15 June 2023 at Cardiff City Hall. The Commercial Property team is headed by two leading individuals, partners Martin Pursall and Chris Jones who are both […]

Tesco Goes Stationery Shopping

16 May 2023

Tesco has purchased the brand and intellectual property of the renowned and international stationery supplier Paperchase. Establishing itself in the United Kingdom, Paperchase expanded by opening stores in Europe, the United States, and the United Arab Emirates, reaching a total of 106 stores worldwide. However, Tesco have not opted to save these physical stores, deciding […]

The Biggest Trade Deal Since Brexit – UK joins major Asia-Pacific Free Trade Bloc

11 May 2023

On the 31st March 2023, after nearly two years of negotiations, the Prime Minister announced that the UK will join the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). The CPTPP is a vast free trade pact established in 2018 between 11 countries spanning the Indo-Pacific  and its members include Australia, Canada, Japan and New […]

Every Lidl Doesn’t Help

9 May 2023

All the way back in 2020, the prominent transnational German supermarket Lidl, known for its selection of high quality products at discounted prices, commenced a lawsuit against UK supermarket titans Tesco. Three years later, a long-awaited High Court ruling has secured victory for Lidl, with the Judge finding that Tesco has infringed their trade marks […]

Berry Smith Celebrating Triple Nominations at Welsh Law Awards

19 April 2023

This week, Berry Smith celebrates a triple nomination at the Welsh Law Awards, which will be held in May 2023. The awards, which are set to be hosted at the Hilton Hotel in Cardiff, will recognise and celebrate the achievements of the Welsh legal community, bringing together many of the outstanding lawyers and practices Wales […]

Berry Smith’s Breakfast Briefing

3 April 2023

We are delighted to invite you to Berry Smith’s breakfast briefing, hosted by the Employment & HR team The breakfast briefing provides an opportunity to meet and network with fellow attendees from a wide range of local businesses over a delicious breakfast buffet provided by Berry Smith. Speakers: The important details: Date – 20th April 2023 Time – 08:30 am […]

A reminder of the key changes in employment law in April 

3 April 2023

April is typically an important month in the employment law calendar. It is the month where many employment law changes take effect.  Below we set out the key changes. Increases to the UK National Minimum Wage and National Living Wage The Government has announced the rates of the National Living Wage (NLW) and National Minimum Wage […]

Stress Awareness Month 2023 

3 April 2023

With April being stress awareness month, we thought we would focus on how employers can help to alleviate stress in the workplace.  We have all experienced stress in some shape or form in our lives and many of us are all too aware of the debilitating effects that stress than cause. More so now than […]

The Arrival of the Unitary Patent

3 April 2023

After 10 years in the making, it would appear the biggest development in European patent law is finally upon us. The European Union’s ‘Unitary Patent Package’ legislation sees the creation of a single patent covering all participating EU member states. Alongside the Unitary Patent comes the creation of the dedicated Unified Patent Court (UPC) who […]

Berry Smith advises on sale of South Wales based Computerised & Digital Security Systems (CDS)

22 March 2023

Berry Smith are delighted to have advised the shareholders on the sale of South Wales based Computerised & Digital Security Systems (CDS) together with its group companies, Gem Security Services Limited and Blue Sky I -Tech Solutions Limited,  to Johnson Controls (JCI). Since 1985, CDS has been at the forefront of security system technology, design, […]

Berry Smith advises on sale of Mumbles-based café & restaurant Verdi’s to The Secret Hospitality Group

21 March 2023

Berry Smith are delighted to have advised the Moruzzi family on the sale of the popular Mumbles-based cafe & restaurant Verdi’s to The Secret Hospitality Group. For generations, the family-run Verdi’s café & restaurant based in Mumbles have served locals and tourists alike. They are renowned for their Italian coffees, ice-cream, cakes and authentic food. […]

Berry Smith raises over £8,500 for 2 local charities

17 March 2023

Throughout 2022, Berry Smith supported two amazing charities – Tenovus Cancer Care and Maggie’s Cardiff. The team took part in a number of fundraising events to raise as much as possible for each charity. Over the course of the year, our team held bake sales, a quiz night, a book swap shop as part of […]

Berry Smith are delighted to have advised the shareholders of Group SCS in the sale to Swedish-based Systemair AB.

16 March 2023

For over 30 years, Group SCS has offered bespoke and modular smoke control solutions as well as building energy management systems. Group SCS has worked on thousands of complex UK construction projects including high-rise residential buildings, hotels, schools and shopping centres. One of their recent notable projects was providing a new smoke ventilation system for […]

The Power of Limitation of Liability Clauses: Reducing Risk and Liability in Your Contract

7 March 2023

A Limitation of liability clause in a contract has the ability to limit or even exclude a party’s liability and certain types of loss. The parties to an agreement should consider the potential liabilities that may arise and then assess accordingly the limitations which may be appropriate and reasonable. A recent judgement confirmed the effectiveness […]

Neurodiversity in the workplace

7 March 2023

Neurodiversity is a fairly new term which applies to the different ways the brain can work and interpret information. It highlights that people naturally think about things differently. Recently there has been growing awareness of the benefits that an inclusive and neurodiverse workplace can have, with the growing thought that by allowing those who don’t […]

Ask the Lawyer: Collective Redundancies

7 March 2023

In the midst of the cost of living crisis, some businesses have had to make large-scale redundancies in order to ensure continued survival. In this article we have therefore addressed some frequently asked questions concerning collective redundancies. What is a collective redundancy? A collective redundancy is when an employer proposes to make 20 or more […]

Berry Smith is delighted to have advised on the transfer of a well known local nursery into employee ownership.

1 March 2023

The employees at Caerphilly based Abigail’s Day Nursery Limited have become new owners of the Company.  Abigail’s was jointly founded by Abigail Jones and her father, Michael Donovan, in 2013 and currently looks after 65 children. The nursery employs 25 members of staff. Recognising the critical role that their staff play in the nursery, owners […]

Berry Smith advises one of Wales’ market leaders in apprenticeship delivery on the transition to employee ownership.

22 February 2023

The staff of Talk Training Ltd, a market leader in the delivery of apprenticeships in Wales, have now become the owners of the entire share capital of the Company. Talk Training Ltd was incorporated in 1995 and was acquired by the former shareholders in 2007 as part of a management buyout.  Jonathan Hughes (Managing Director), […]

The Difference between Intermediaries and Commercial Agents

16 February 2023

The difference between being an intermediary and a commercial agent is important as it can affect the rights, obligations, and liabilities of parties involved in a contract. In a recent High Court case, the difference between intermediaries and commercial agents was put in the limelight. The judge highlighted it as a significant element in considering […]

Online Safety Bill – What does this mean for your business?

14 February 2023

It’s no secret that parliament has been rocked on many occasions over the last 12 months by a constant series of government upheavals and reorganisations, meaning that many high-profile bills have been left in limbo as they are passed between shifting government ministers. Despite this, the highly anticipated, and often controversial, Online Safety Bill has […]

New Year, New Terms?

7 February 2023

The start of a new year marks a fresh start when many of us are considering the changes we wish to make for the coming year. These are often lifestyle changes made with the intention of self-improvement, such as joining a gym or quitting smoking. But why stop there? The start of a new year […]

Berry Smith successfully win case against a national surveying company following the production of a negligent HomeBuyer Report.

1 February 2023

Mr Joe Guishard -v- Connells Survey & Valuation Limited Berry Smith is delighted to have acted on behalf of the Claimant, Mr Guishard, in his successful claim for professional negligence against the Defendant, Connells Survey & Valuation Limited, a national provider of residential property valuation and surveying services. Conduct of the claim has been led […]

Cost of Living – Options for Employers

31 January 2023

With the end of the current tax year approaching, many employers will likely start looking at conducting pay reviews and awarding bonuses shortly.  With the cost-of-living issues that are currently well publicised, employers may wish to also consider implementing further measures to assist their staff during this difficult time. While there is no obligation to […]

Employment Law Changes – 2023

31 January 2023

In this article we look ahead to the proposed legal changes within the employment field and have also set out some of the increased statutory pay rates which will apply from April 2023. Increase in statutory pay rates The new statutory rates are as follows: New employment rights The Government has backed a number of […]

Trade mark Appeal is Louis Vui-Gone

19 December 2022

In a recent European Court decision, fashion powerhouse, Louis Vuitton, have been denied a trade mark. The check pattern in question, named Damier Azur, failed to have the required distinctiveness to be a registered trade mark in the EU. It’s not the first time that Louis Vuitton have made headlines in relation to trade marks, […]

Price Adjustment Clauses: Helping Businesses Survive the Cost-of-Living Crisis

6 December 2022

What impact will the cost-of living crisis have on your business? Three quarters of small businesses have cited the cost-of-living concerns to be the biggest immediate threat to their business over the next year. This comes from a recent report published by PayPal titled ‘Build Business Resilience’ which identified that alongside the issues caused by […]

Christmas Do’s (and Don’ts) for Employers

2 December 2022

With the festivities around the corner, too many employers will be letting their guard as well as their hair down this Christmas. The aftermath of the office party can be open season for employment claims. In legal terms, no other time of year should come with quite so many health-warnings. We set out some tips […]

FIFA World Cup 2022: Goals for Employers

2 December 2022

With the FIFA World Cup 2022 well under way, many employees up and down the country will no doubt be looking to book some annual leave over the next 2 weeks ahead of the final, or may even ask to work flexibly to watch certain matches. However, with some matches kicking off as early as […]

Berry Smith Lawyers has advised on the sale of Europest Environmental Services

1 December 2022

Berry Smith is delighted to have advised Andrew Housley and his team on the sale of Europest Environmental Services Limited to a subsidiary of US based Rollins Inc. Europest was founded in 2001 by Andrew Housley with three former colleagues, including Richard Edwards, Morgan Francis and Lee Davison and was part of the Eurogroup of […]

A New Direction for Data Protection? What we know so far.

22 November 2022

This article is providing a recap on the first reading of the new Data Protection and Digital Information Bill and the changes proposed within it. While this was due for a second reading on 5th September, this was delayed and subsequent changes in Government mean that we are now left to wait and see where […]

The Overseas Entity Register – what does this mean for Land Ownership?

15 November 2022

The Register of Overseas Entities (“The Register”) came into effect on 1st August 2022 and will change the registration requirements for all foreign company owners of UK property. In this article Martin Pursall, Partner in the Commercial Property department at Berry Smith Lawyers, considers what these changes will be, the impact of these changes and […]

Berry Smith Advise on Brand Ambassador Agreement between Marks and Spencer and Tom Kerridge.

8 November 2022

Berry Smith is delighted to have advised on a Brand Ambassador Agreement between Marks and Spencer and Tom Kerridge for their client Brand Pilot Ltd. Renowned Michelin star chef Tom Kerridge has partnered with M&S in a 3-year collaboration. The celebrity chef is set to initially produce delicious recipes for budget-friendly family meals using the […]

Industrial Action: What does this mean for employers?

26 October 2022

In recent weeks, we have seen widespread and recurrent examples of industrial action, including most notably, train strikes, waste collecting strikes and postal strikes. Such action has of course, been taken by workers in these industries to place pressure on their employer to respond to specific employment needs. The cost of living crisis has meant […]

The New Brexit Freedoms Bill: Impact on Employment Law

25 October 2022

The Retained EU Law (Revocation and Reform) Bill 2022-2023 (‘the Bill’) has now been published and it follows that the employment law landscape in the UK may change significantly very soon. The Bill provides that by the end of 2023, the UK government will either amend, repeal or replace any EU-derived employment law. The Bill […]

Berry Smith Lawyers has advised on the purchase of Ceaton Security Services

12 October 2022

Berry Smith is delighted to have advised Angie Beasley on the purchase of Ceaton Security Services Limited from Deane Ceaton. Ceaton, established in 1991 by brothers Gordon and Deane Ceaton based in Cardiff, has grown today to be highly reputable and well respected in the security industry. Ceaton specialise in the design, installation, service and […]

Bank Holiday for the late Queen’s funeral: Employment FAQs

13 September 2022

The UK Government has declared that Monday 19th September 2022 will be a bank holiday in the UK. Employers and employees alike will likely be wondering what this means for annual leave entitlements. Berry Smith provide answers below to some key questions employers may be asking in light of the upcoming bank holiday. Are employees […]

New guidance on calculating holiday pay for part-year workers

30 August 2022

The UK Supreme Court has confirmed the rules on how to calculate holiday pay for part-year workers in the recent case of Harpur Trust v Brazel. To the surprise of most and contrary to common practice, the Supreme Court’s decision was that paid holiday for part-year employees and workers must not be pro-rated. Who are […]

Is Long Covid a disability?

30 August 2022

The Employment Tribunal recently concluded, in the case of Burke v Turning Point Scotland, that “long Covid” can be deemed a disability under the Equality Act 2010. Research published by the Office of National Statistics shows that as of 1st May 2022, 3.1% of the population, being around 2 million people, were suffering from symptoms […]

The Journey Towards Sustainability; Key Considerations for Employers

22 July 2022

What is “ESG”? ESG refers to the Environmental, Social and Governance factors of an organisation. The marked shift in attitudes and growing importance of ESG has resulted in an expectation from shareholders, employees and other stakeholders that employers should go beyond merely having internal policies that comply with legislative and regulatory requirements, by taking pro-active […]

The Articles, the Director & the Quorum: A Company law update

21 July 2022

Emma Borrington, Corporate Finance Partner at Berry Smith, considers the recent case of Hashmi v Lorimer-Wing 2022 EWHC 191 Ch and its implications for private limited companies in England & Wales with Sole directors and incorporating model articles. The corporate world is rarely described in Narnia-like terms but the recent case of Hashmi v Lorimer-Wing […]

Travel disruption: key information for employers

30 June 2022

With many front pages claiming that the UK is heading into a 1970’s-style summer of unrest across many sectors, the UK seems set for a summer of travel disruption – it could really be the summer that lasts forever, although not quite the summer of 69 as we know it. Bryan Adam’s lyrics aside, this […]

Supporting mums back to work following maternity leave

30 June 2022

We regularly receive questions from employers that are worried about falling foul of the laws relating to maternity leave. Interestingly Tena carried out a survey of a 1000 mums’ which found that: It takes new mums nearly six months to readjust after going back to work – with nearly 25% saying the workplace was “completely […]

Join Berry Smith’s Employment and HR Team for its first breakfast briefing

18 June 2022

  Join Berry Smith’s Employment and HR Team for its first breakfast briefing Book Now – Thursday 7th July 2022 We are delighted to invite you to Berry Smith’s breakfast briefing, hosted by the Employment & HR team  The breakfast briefing provides an opportunity to meet and network with fellow attendees from a wide range […]

Once again, Berry Smith has been Shortlisted for Property Law Firm of The Year

8 June 2022

For the 6th consecutive year, Berry Smith’s Commercial Property team has been shortlisted for Property Law Firm of the Year at the Insider Wales Property Awards which will take place on Thursday 23 June 2022 at Cardiff City Hall. Berry Smith LLP is a well-established, Cardiff based, commercial law firm comprising 11 partners and more […]

Can calling somebody an offensive name because they are bald amount to sexual harassment?

31 May 2022

You have probably read or heard about the recent case in which a former employee won an Employment Tribunal claim against his former employer after his colleague called him a ‘bald c**t’.  Headlines in the media screamed that the Employment Tribunal found the comment to amount to sexual harassment, which inevitably led the general public […]

Supporting mental health in the workplace

31 May 2022

The past year has been tough for most, with more uncertainty on the horizon with the escalating cost of living. The UK’s Mental Health Awareness week took place from the 9th to 15th May 2022, against that backdrop, we thought that now was a pertinent time to discuss mental ill health in the workplace. According to […]

Webinar – Tackling Mental Health Issues In The Workplace Head-on

24 May 2022

Berry Smith is hosting a virtual training seminar aimed at HR professionals and managers with HR responsibilities which will be hosted by Sarah Alford (Partner), Michael Shutt (Senior Associate) and Caitlin Rees (Solicitor) in the Employment & HR team. Date: Thursday 30th June 2022        Time: 9:30am – Noon Venue: The session will be hosted via […]

Berry Smith has advised on the sale of Vision Flor

19 May 2022

Berry Smith are delighted to have advised Mark and Sabrina Fisher on their sale of Bristol based Vision Flor Limited to the management team. Vision Flor offers both commercial and domestic flooring services throughout the UK. Established by Mark in 2011 the company has grown from strength to strength providing services to well know businesses […]

To Disclose or Not To Disclose?

11 May 2022

Dan Dowen, Commercial Contracts Senior Associate at Berry Smith, considers the importance, key terms and drawbacks of non disclosure agreements for businesses looking to disclose confidential information for commercial purposes. To disclose or not to disclose, that is the question. Not quite Shakespeare but a useful soliloquy for businesses considering exchanging confidential information. The answer […]

National minimum wage – have you had your say?

2 May 2022

The Low Pay Commission (LPC) has opened a consultation seeking views on existing national minimum wage (NMW) and national living wage (NLW) rates and the rates that should apply from April 2023. The consultation will close on 20 June 2022. The LPC’s main concern is to gather evidence on the effects on employers and workers […]

MEES Regulations – Are They On Your Radar?

13 April 2022

Alexandra Mitchell, Associate at Berry Smith Lawyers, considers how MEES Regulations could affect you.  What are MEES Regulations?  Minimum Energy Efficiency Standards (MEES) are minimum requirements for Energy Performance Certificate (EPC) ratings.   These requirements were introduced to England and Wales by the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (SI 2015./962), Part […]

Changes to the way an employer verifies an employee’s right to work take effect on 6th April 2022

4 April 2022

The majority of workers who have successfully applied to the Home Office for permission to work in the UK are issued a Biometrics Residence Permit (BRP), a Biometrics Residence Card (BRC) or a Frontier Worker Permit (FWP). These documents set out the identity and personal information of the holder, including their digital photograph, a brief […]

Berry Smith Lawyers raises more than £3000 for its chosen charities in 2021.

24 March 2022

Berry Smith LLP, a leading provider of legal services, has been raising money for 2 chosen charities. In 2021, Berry Smith who support clients across both offices in Cardiff and Bridgend, supported Age Connects Cardiff & the Vale and Shelter Cymru through a number of fundraising activities and at the end of the year split […]

Closure of the Coronavirus SSP Rebate Scheme

2 March 2022

Currently, under the Coronavirus Statutory Sick Pay (SSP) Rebate Scheme, employers can reclaim up to two week’s SSP for employees who are unable to work because they either: Have COVID-19; Have COVID-19 symptoms;  Are self-isolating because they live with someone who has COVID-19 or symptoms of COVID-19; Are self-isolating because they have been notified by […]

Agency Workers – Does your business understand their rights?

2 March 2022

The Agency Workers Regulations 2010 (“AWR”) are not often something which organisations give a lot of thought to.  Where a company (“End User”) needs a temporary worker, they might routinely sign up with an employment agency (“Agency”), sign the Agency’s terms and conditions, and utilise an agency worker on a temporary basis. One might, quite […]

Does your business need a Copyright Licence?

17 February 2022

Dan Dowen, a Commercial Contracts Senior Associate at Berry Smith Lawyers, considers why and when a business would need a Copyright Licence. Works that are protected by copyright are presented to us in various forms throughout our daily life, whether we see them in articles, on TV, websites, mobile applications, paintings or illustrations to name […]

Employment Law: What’s on the horizon in 2022?

3 February 2022

Over the past two years, the COVID-19 pandemic has dramatically affected the employment sector and the way in which people work. From the introduction of furlough, to thousands of redundancies through to the more common concept of hybrid working, it’s safe to say that the pandemic has overshadowed everyone’s working lives. As the dust settles […]

Are employees entitled to an extra day’s holiday for the Queen’s Platinum Jubilee?

3 February 2022

It has been announced there will be an extra bank holiday for the Queen’s Platinum Jubilee on 4th June 2022. The May Spring Bank Holiday, which usually falls on the last weekend of the month, will be moved to Thursday 2nd June and Friday 3rd June will become the extra bank holiday, therefore potentially creating […]

Berry Smith advises on $1m funding round in Enclave Networks

1 February 2022

Berry Smith are delighted to have advised Enclave Networks Limited on its recent $1m fundraise by a number of overseas venture capital firms. The fundraising round was led by Berlin based Next Big Thing AG (NBT) together with US cyber investors Gula Tech Adventures (GTA). Enclave Networks is the Company behind a computer networking technology […]

Nil by mouth: the problem with oral agreements

13 January 2022

Charlie Newington-Bridges, St John’s Chambers and Iwan Doull, Berry Smith LLP consider the problem with oral agreements. This guide provides an overview of the principles relating to oral agreements. It is not legal advice and should not be relied upon as such. Businesses and individuals should seek bespoke legal advice in respect of their particular positions. […]

Berry Smith Acts in the sale of Watkin Davies to A-Plan Group

9 January 2022

Berry Smith are delighted to have advised on the sale of Watkin Davies Insurance Consultants Limited to fellow insurers, A-Plan Group. Since 1978, Watkin Davies have been one of Wales’ largest independent insurance brokers. The business is a market leader in commercial and personal insurance brokers in the region and is the trusted insurance advisors […]

Berry Smith stars in independent guides to lawyers

14 December 2021

Berry Smith again features prominently in the recent publication of the two leading independent guides to the legal profession in the UK – Legal 500 and Chambers. In both guides, we are recognised as one of the leading law firms in Wales, with a record 26 of our lawyers being ‘recommended’, and recording ‘Leading Individual’ […]