Homeowners Have Covenant Modified to Allow Barn Conversion

Land

A married couple have succeeded in having a restrictive covenant modified to allow them to build more than one house on part of their land.

The couple had bought the land together with a farmhouse in 2001 for £600,000 from a college. They then obtained planning permission allowing them to convert two outbuildings, the "Modern Barn" and the "Old Barn", into a single residential dwelling.

The Year Ahead in Civil Justice in Wales

Dispute

Nick Parker, a dispute resolution partner at Berry Smith Lawyers and a civil and commercial mediator, considers changes ahead in commercial dispute resolution.

The start of a new year gives an opportunity to look forwards.  The landscape of commercial dispute resolution faces significant change in the year ahead, building on issues have been the subject of recent debate.

Case Update: Court of Appeal Agrees Uber Drivers are Workers

Compensation

In Uber B.V. and others v Aslam and others, the Court of Appeal has upheld the Employment Appeal Tribunal’s (“EAT”) decision that Uber drivers are workers rather than self- employed contractors.

Uber allows customers to use a mobile phone app to book a ride with drivers that also have the app. The drivers own their own vehicles and can choose when they want to log on and off the app, to make themselves available or unavailable for work.

High Court holds that Deliveroo Riders right to “freedom of assembly and association” was not breached

Compensation

In the recent case of R (on the application of the Independent Workers Union of Great Britain) v Central Arbitration Committee [2018] EWHC 3342, the High Court has agreed with the Central Arbitration Committee’s (“CAC”) finding that a group of Deliveroo riders are not workers for the purposes of collective recognition, because their contracts contain a genuine right of substitution.

Important Employment Law Reforms – The Good Work Plan

Compensation

On 17 December 2018, the government published the "Good Work Plan", which it has described as “the biggest package of workplace reforms for over 20 years”.  The publication sets out further detail on its response to the Taylor Review, which was a review carried out into working practices in the UK.  The government has also published draft legislation which gives us an indication of the when some (but not all) of the changes are likely to come into force.

The main changes set out in the Government’s plan include:

Using Part- Time Salary for Pension Calculation on Medical Retirement was not Unfavourable Treatment

Compensation

In the case of Williams v Trustees of Swansea University Pension and Assurance Scheme, the Supreme Court has held the calculation of a disabled employee’s pension entitlement using his reduced, part- time salary (as opposed to his earlier full- time salary, prior to reasonable adjustments) did not constitute unfavourable treatment for the purposes of section 15 of the Equality Act 2010. 

Promotion or Change of Role Does Not Necessarily Prevent a 'Stable Working Relationship' for the Purposes of an Equal Pay Claim

Compensation

In the case of Barnard v Hampshire Fire and Rescue, the Employment Appeal Tribunal has held that a series of role changes or promotions will not necessarily break the ‘stable working relationship’ for the purposes of calculating time limits for an equal pay claim.

Government Responds to Committee Report on Sexual Harassment at Work

Compensation

The Women and Equalities Committee (WEC) has published the Government’s response to its report on sexual harassment in the work place.

The WEC report, which was published in July 2018, identified a number of limitations with current laws and practices, and called for various reforms in an effort to tackle sexual harassment in the workplace.

On 18 December 2018, the Committee published the Government’s response to its report. In summary, the Government agrees with the WEC on a number of the points raised in the report and commits to taking the following action: