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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 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’ […]

Directors’ Duties – A Quick Guide

6 December 2021

While every contract of employment contains an implied term that an employee will serve their employer with good faith and fidelity, if an employee is also a director there are additional duties, known as directors’ general duties (set out in the Companies Act 2006 (CA 2006), ss 171-177) that directors need to be mindful of, which we set out […]

Christmas Party Guidance for Employers

6 December 2021

Christmas festivities are shortly due to commence as many employers are holding their Christmas parties earlier this year, however this means that some 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.  We set out some tips […]

E Signatures and Property – The way forward?

10 November 2021

In September, the UK’s first-ever property transaction was completed using a ‘Qualified Electronic Signature’. The use of this technology contributed significantly to the length of time that the transaction took, reducing this from the usual 6 to 8 weeks to only 24 hours. With this transaction likely signalling the start of a revolutionary step within […]

Subject Access Requests: Frequently asked questions from employers

9 November 2021

Recently we have received an increase in queries from various employers with respect to their employee’s making data subject access requests, especially where an employee is currently subject to an internal performance / sickness absence management or a disciplinary process. Against the backdrop of more of us now working from home, either on a full-time basis […]

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

9 November 2021

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 to hundreds […]

Berry Smith Acts in the Sale of Box Litho to the Management Team

4 November 2021

Berry Smith is delighted to have advised the shareholders of their sale of South Wales based Box Litho Limited to the management team. Box Litho, originally founded by Glenn Griffiths and Thomas Melay, has gained the expertise and experience to be able to become specialists in the manufacture of litho laminated packaging, recognised as leading […]

Terms and Conditions: is it time for a refresh?

12 October 2021

Dan Dowen, Commercial Contracts Senior Associate, sets out below, the importance of terms and conditions and why they should be reviewed and refreshed on regular basis. Over recent years, we have seen several key developments that have impacted the way businesses operate, which in turn, affects how they may provide their goods and services. Such […]

Pension Pact

7 October 2021

An interesting overview of pension wealth within relationships by Benjamin Delve of Berry Smith Lawyers For many couples their principal method of investing for retirement will lie in residential property and/or pension funds. Research published by The University of Manchester in September indicates that 90% of couples have ‘some’ pension wealth between them, with one half […]

Sexual Harassment in the Workplace

4 October 2021

In July 2021, the government published its response to a consultation launched by the Government Equalities Office in July 2019 on how best to tackle sexual harassment in the workplace. In its response the government highlighted that as people start to return to offices and other workplaces now is the time to ensure that we […]

Winding up Petitions – can we or can’t we?

4 October 2021

From 1 October 2021, the majority of creditors will be able to present a winding up petition against their debtors, albeit subject to a number of additional temporary conditions.  Indeed, in order to issue a winding up petition prior to 31 March 2022: – The debtor must owe at least £10,000; prior to presenting a […]

Considerations for employers with an increase in resignations

4 October 2021

A number of articles have appeared online over the past month or so, claiming that there is a ‘mass exodus’ of employees leaving their jobs, having taken stock and re-evaluated their careers amid the impact of the Coronavirus pandemic. In particular, it is reported that mid-career workers have enjoyed the switch to working from home […]

The National Security and Investment Act 2021 – Will this impact your next acquisition or disposal?

23 September 2021

The UK Government has recently strengthened and extended its regulatory and supervisory powers in relation to corporate transactions. This new legislation has posed an urgent and complex question for many businesses – Could this affect our next acquisition or disposal? The new National Security and Investment Act 2021 (the Act), due to come into full […]

Furlough ending – what next?

21 September 2021

Selena Baker, Senior Associate at Berry Smith Lawyers, considers the Coronavirus Job Retention Scheme as it draws to a close on 30th September 2021. The Coronavirus Job Retention Scheme (CJRS /FURLOUGH) has now entered its final month as it draws to a close on 30th September 2021. Except for any last-minute unexpected announcements, there are […]

The Competition Markets Authority’s warning to PCR test providers

8 September 2021

In view of the Covid-19 pandemic and the rules on travel restrictions, numerous life science companies, laboratories and medical practices have started to offer Polymerase Chain Reaction  travel test services, more commonly known as PCR tests, for those who are travelling and returning from abroad and need to provide evidence of a negative Covid test […]

Hybrid Working Arrangements

31 August 2021

As many employers are now looking to move forward with their return to the office / site arrangements, now is a timely reminder of the measures that employers should be considering if they are moving towards a blended or hybrid working model for some / all of their workforce. We touched on the issue in […]

Berry Smith Celebrating Triple Nomination at Dealmakers Awards

19 August 2021

Leading Welsh law firm, Berry Smith, is celebrating the success of a triple nomination at the Wales Dealmakers Awards 2021 this Autumn. The awards, which are set to be held on 9th September 2021 at the Mercure Holland House hotel in Cardiff, will recognise the top acquisitions, funding deals and buyouts in Wales, bringing together […]

Pandemic clauses in Leases – what’s the latest?

19 August 2021

Kelly Cassemis, Commercial Property Associate at Berry Smith Lawyers, considers pandemic clauses within commercial leases. COVID-19 has had a substantial impact on all aspects of daily life and business. Recent case law provides an interesting insight into the emerging impact of pandemic induced rent suspension clauses in commercial leases. Two recent cases; WH Smith and […]

New beginnings in dealing with business disputes?

18 August 2021

Nick Parker, a Partner at Berry Smith Lawyers, considers the ways that legal disputes are expected to be dealt with in the future Businesses may not yet know it, but there is a significant wind of change blowing in the way in which legal disputes will be dealt with in the future. If it comes […]

Mutual Wills – What Will you do?

18 August 2021

Mutual Wills are different to Mirror Wills. Most couples who have made their Wills together, will have Mirror Wills. Mirror Wills are so named because they reflect each other (for example, on the first death everything passes to the survivor and on the second death, everything passes to your children). Mutual Wills, however, are a […]

Berry Smith sign up to Legal Sustainability Alliance

18 August 2021

Berry Smith has recently joined the Legal Sustainability Alliance, a network of leading UK based law firms committed to sharing best practice and to work together to ensure that the legal sector plays its part in improving its environmental performance. Membership includes measuring and monitoring carbon emissions to commit to Net Zero by putting sustainability […]

Annual Leave: FAQs

4 August 2021

With the sun shining, employers may be receiving a higher number of annual leave requests than usual as COVID-19 restrictions start to ease and from staff that are keen to make the most of the good weather. With that in mind, this article considers some frequently asked questions regarding holiday entitlement in the workplace. How […]

COVID-19 FAQ’s concerning the “Pingdemic”

4 August 2021

Many will have seen in the news recently that a number of employers across England and Wales are facing staff shortages as a result of what is being termed the “pingdemic”. Recent figures have shown that more than 600,000 people in England and Wales between 8th – 14th July 2021 were notified/”pinged” by the NHS […]

Divorce: be in the know

9 July 2021

Benjamin Delve of Berry Smith Lawyers tells us about the routes couples need to take in order to split. Traditionally, divorce (or dissolution of a civil partnership) in England and Wales is viewed as an adversarial process, with many couples resorting to pointing blame at their partner for the breakdown of their relationship regardless of whether […]

HR Guide: Disciplinary Procedures

6 July 2021

Unfortunately most employers at some point in time will need to address issues concerning a badly behaved or underperforming employee. This can, understandably, be a daunting task for many employers, especially as slip ups in process and procedure can lead to costly unfair dismissal claims. It is therefore imperative that employers have adequate policies and […]

Can an employee go to the pub while absent from work through sickness?

6 July 2021

The recent Employment Tribunal case of Kane v Debmat Surfacing Ltd has gained much attention after an employment judge found Mr Kane was unfairly dismissed, despite him being spotted smoking and drinking while on sickness absence.  While not being a reported case, it does provide some useful guidance. Mr Kane suffered from a lung condition […]

Berry Smith has once again been shortlisted For Property Law Firm of The Year

17 June 2021

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 Wednesday 15th September 2021 at Cardiff City Hall. Berry Smith LLP is a well-established, Cardiff based, commercial law firm comprising 11 partners and more than 70 staff, […]

Global Anti-Corruption Sanctions

16 June 2021

Dan Dowen, Commercial Contracts Senior Associate Solicitor at Berry Smith Lawyers considers the UK’s new Global Anti-Corruption Sanctions Regime: what is it and what does it mean for my business? Corruption and the exploitation of both citizens and the economy is a worldwide concern as, among other things, it undermines global trade, threatens national security […]

A Clean Break

16 June 2021

Benjamin Delve of Berry Smith Lawyers considers the new rules of the divorce process. If you are looking to bring your marriage to an end, you have two broad options: to lay the fault for the breakdown in the relationship on your spouse or, if neither of you want to blame the other, wait for […]

HR Guide: Grievance Procedures

1 June 2021

A new Acas report has estimated that workplace conflict costs UK employers £28.5 billion every year, an average of just over £1,000 for every employee. With the report also estimating that nearly half a million employees resign from their jobs each year as a result of conflict, it is crucial that employers know what to […]

How does the Brexit Trade Deal impact my existing commercial contracts?

17 May 2021

Dan Dowen, Commercial Contracts Senior Associate Solicitor at Berry Smith Lawyers, considers 3 points that businesses should consider when assessing the potential impact of Brexit on their commercial contracts Brexit will likely, in some form, impact the commercial contracts of many business across the nation. The simple question is, to what extent? The answer will […]

The Great Return?

7 May 2021

Where are we now Although the stay-at-home rule is no longer a legal requirement in Wales, guidance from the Welsh Government is clear that employees should continue to work from home if they can, at least for the time being. Nevertheless, we would suggest that it would be beneficial for employers to build in some flexibility […]

Employment Law Developments – Looking Forward

7 May 2021

Not only has the past year brought about a number of changes to the world of work, but a number of significant judgments have been reached in employment-related cases and are worth taking note of. In this article we take a look at some recent judgments as well as looking ahead to an important upcoming […]

Berry Smith has advised on the management buy-in of Learna Holdings Limited.

13 April 2021

Berry Smith are delighted to have advised Courtenay Probert and Rachel Probert on the management buy-in of Cardiff-headquartered Learna Holdings Limited which also trades via Learna, Diploma MSc and StudyPRN brands. Since 2010, Learna have established themselves as the leading provider of Postgraduate Diplomas, Masters and MBA courses with over 5,000 students progressing their career […]

Key Promotions at Berry Smith Lawyers as it Continues to Strengthen its Teams

13 April 2021

Leading commercial law firm, Berry Smith, has further strengthened its teams with a series of key promotions. The independent Welsh law firm has promoted five of its team members. Sarah Alford has been promoted to Partner and Michael Shutt to Senior Associate in its Employment team, Dan Dowen to Senior Associate in the Commercial department, […]

New requirements for Witness Statements from 6 April 2021 in the Business and Property Courts

6 April 2021

From 6 April 2021, all witness statements prepared for trial in the Business and Property Courts must comply with the new Practice Direction 57AC. The changes apply to any witness statement prepared for trial which is signed on or after 6 April 2021.  This applies to Part 7 and Part 8 claims, along with unfair […]

Post-employment restrictions in turbulent times

31 March 2021

Clare Fowler, Associate at Berry Smith Lawyers, considers the future challenges for businesses if employees decide to leave to work for a competing business or to set up their own in competition. The last year has seen fundamental changes for most businesses in dealing with the challenges presented by the pandemic and having to make […]

As an Employer, What Changes Do I Need to Make as of April 2021?

30 March 2021

April 2021 will be an important month for both employers and us as employment lawyers, with a number of changes to the law being implemented.  IR35 and off-payroll rules As of 6th April 2021, medium and large private sector organisations which engage workers through personal service companies (PSCs) will have to assess the individual’s employment […]

How do I deal with my financial affairs if I get divorced?

25 March 2021

How do I deal with my financial affairs if I get divorced? When a relationship breaks down a couple’s minds will often turn to the question of how their property, and income, will be divided upon separation. However, there is no requirement for you to do so and, if you choose, matters can be left undetermined. […]

Berry Smith Has Advised on The Sale of Bridgend-Based Customised Sheet Metal Limited to The Management Team.

24 March 2021

Berry Smith is delighted to have advised Malcolm Pearce and Jonathan Templar on their sale of Bridgend-based Customised Sheet Metal Limited to the management team. Customised Sheet Metal owned by Malcolm and Jonathan, was founded in 1992 and since then has gained the expertise and experience to be able to deliver bespoke and seamless metal […]

COVID-19 Vaccines and Employment Law

2 March 2021

Since the COVID-19 vaccines were rolled out, we have received a number of queries from various employers. We have therefore addressed the main questions below, which we hope you may find useful. Can an employer force its employees to be vaccinated? The simple answer is no, an employer cannot force its employees to be vaccinated. […]

Do You Carry Out Regular Equality and Diversity Training?

2 March 2021

Whilst most employers appreciate the importance of providing training for members of staff, the question is, how often should training be provided? For example, is it enough for employers to provide equality and diversity training once, during an induction? Or should regular training be undertaken? The Employment Appeal Tribunal (“EAT”) shed some light in response […]

Berry Smith Webinar – Tackling Mental Health Issues In the Workplace Head-on

17 February 2021

Berry Smith is hosting a virtual training seminar aimed at HR professionals and managers with HR responsibilities which will be hosted by Sarah Alford, a senior associate and Caitlin Rees, a solicitor in the Employment & HR team.           Date: Tuesday 23rd March 2021                […]

COVID19 – Statutory Sick Pay

3 February 2021

Since the COVID-19 pandemic began, a number of changes have been made to the Statutory Sick Pay Regulations. More recently, on 24th December 2020, the Statutory Sick Pay (General) (Coronavirus Amendment) (No. 7) Regulations 2020 (the “Regulations”) came into force to amend the Sick Pay Regulations in respect of the changes made to self-isolation requirements. […]

Empty Property Relief for Business Premises in Wales

3 February 2021

What are Business Rates? Business Rates are a tax charged on a property (or part of a property) which is used for business purposes. The level of Business Rates payable is calculated using the property’s rateable value which is based on the property’s estimated value on the open market. Business Rate reliefs There are various […]

Do you have a business interruption insurance claim arising from the pandemic?

28 January 2021

The Supreme Court decision has handed down a critical judgment in a test case to seek clarity on Business Interruption Insurance policies and how insurers should treat claims arising out the coronavirus pandemic. Such a policy enables the claimant to seek recovery for losses arising out of the closure of commercial premises as a consequence […]

Brexit implications for UK Employment Law

13 January 2021

As a Brexit trade deal has now been agreed, many have been left wondering what the implications will be for UK Employment Law. This is understandable given that a large proportion of the UK’s employment law comes from the EU, including, collective consultation obligations, discrimination rights, duties to agency workers, family leave, transfer of undertakings […]

Free Webinar – The Brexit Deal – What Does It Mean for Your Business?

13 January 2021

                             Free online webinar – Tuesday 26 January 2021                                         1:00 p.m. (1 hour including Q & A)           […]

Updated rates for Land Transaction Tax

11 January 2021

Residential – The Welsh Government suddenly announced in their budget on the 21st December 2020 that from 22nd December 2020 there will be an increase in the amount of Land Transaction Tax payable for the purchase of additional residential properties or buy to let properties by an additional 1%. Land Transaction Tax is a tax […]

The EU-UK Trade Agreement: New year, new rules

8 January 2021

It was over 4 years ago that the UK voted to leave the EU but at long last a Brexit trade deal has finally been agreed, albeit some matters will be agreed in further detail at a later date. The deal was agreed just in time before the Brexit transition period expired, much to the […]

Trade Post Brexit

21 December 2020

The UK will officially cease to be a member of the EU on the 1st January 2021.  We are currently in a transition period whereby the UK for most purposes, is still treated as though it is an EU member state. However, this transition period will come to an end on 31st December 2020 and […]

How The Transfer Of Data Will Be Impacted By Brexit

21 December 2020

Legislation Currently, the EU General Data Protection Regulation (EU GDPR) is the primary legislation that governs the use of data in the UK. The Government have already stated that upon the end of the transition period, from 1st January 2021, the EU GDPR will be incorporated into the UK law to create a new UK […]

How businesses should prepare for supply chain and contractual consequences

21 December 2020

The Brexit transition period will come to an end on the 31st December 2020 and from the 1st January 2021, the UK will begin to experience the full impact of Brexit. Supply chain & commercial contracts There will be changes in import and export rules and a change in customs, tariffs and duties. These changes […]

Employment Law Update: 23rd November 2020 – Furlough: The Extended Scheme

23 November 2020

Further to our article published last week regarding the extended furlough scheme, the Government has updated its guidance with regards to the timescales for submitting a furlough claim with HMRC. Under the extended furlough scheme, employers cannot submit claims more than 14 days before the claim period end date. The Government guidance helpfully sets out […]

COVID-19, Insolvent Construction Companies and the Non-Paying Employer

20 November 2020

As the impact of COVID-19 continues to be felt throughout the construction sector, Gavin Hoccom, Senior Associate at Berry Smith, reviews the position of the construction company entering or facing insolvency as a consequence of non-payment by an employer. In 2019, the Court of Appeal observed in Bresco Electrical Services Ltd. v. Michael J Lonsdale […]

Furlough: The Extended Scheme

19 November 2020

The Coronavirus Job Retention Scheme (CJRS) (or the furlough scheme as we know it) has been extended further from 1 November 2020 until 31 March 2021. HMRC’s guidance for employers on the CJRS and guidance for employees has been updated to reflect the rules for the extended scheme period. The government has also published a policy paper […]

How can I protect my Intellectual Property in the midst of Covid-19?

11 November 2020

Covid-19 has presented numerous challenges for many businesses across the nation; including disruptions and delays to supply chains, reduced custom, staffing issues and the overwhelming need to reformulate their business operations to adjust to lockdown rules and restrictions. The pandemic is very much still ongoing and with the restrictions being intensified and local lockdowns being […]

Due Diligence, Managing the Covid 19 risk

6 November 2020

The Coronavirus pandemic and associated government interventions have affected all aspects of life. The result has been a significant blow to the economy and new challenges for companies. Businesses, more than ever, are required to be agile and to adapt to the new normal when making commercial decisions. Companies contemplating corporate transactions, whether that be […]

Employment Law Update – Extension of Furlough Scheme

3 November 2020

In a very last minute announcement on Saturday evening, the Prime Minister announced that the Coronavirus Job Retention Scheme (CJRS) (or furlough scheme, as we know it) will be extended until December 2020 (although the precise date is unclear). This means that the Job Support Scheme (JSS) that was due to come into effect as […]

Berry Smith is, once again, highly ranked by Legal Guides

30 October 2020

Berry Smith has again featured prominently in the recent publication of the leading independent guides to the legal profession in the UK. Following an exhaustive research programme, involving submissions from law firms, references from clients and peers the Legal 500 has placed Berry Smith in leading categories in Wales for Real Estate, Corporate & Commercial, […]

Dispute Avoidance: Committing Construction Contracts to Writing

29 October 2020

It is all too common an occurrence: a construction company or employer seeks advice in respect of a dispute under a construction contract, only for it to transpire that no contract has been entered into in writing. Although the relationship of the parties may nevertheless be governed in part by implied terms under, for example, […]

Pensions on Divorce

28 October 2020

One of the most valuable assets that individuals will accumulate during their working lives is their savings for retirement. It is not uncommon, therefore, that when a marriage, or civil partnership, comes to an end, parties will be concerned about the impact of any financial arrangements on their retirement plan. Historically, the courts have been […]

COVID-19 – What is the Job Support Scheme (Open)?

28 October 2020

As the Coronavirus pandemic continues, thousands of employers have continued to suffer financially. A new Job Support Scheme (JSS (Open)) will come into effect on 1st November 2020 and will run for a period of six months. This new scheme replaces the furlough scheme which ended on 31st October 2020. There is a separate Job […]

Brexit Preparations

28 October 2020

With 2020 having been dominated by Covid-19 and its implications Brexit has, until now, taken a bit of a back seat. And yet, come the end of the year, when the transition period ends, there are some significant implications for all businesses. We want to ensure you have the information and support to help you […]

Covid-19 & how Heads of Terms can help your business.

21 October 2020

In the midst of Covid-19, business owners have been concentrating on trying to appropriately manage risks and achieve some sort of certainty in relation to their commercial arrangements.   Dan Dowen, Commercial Contracts Associate Solicitor at Berry Smith, has been advising clients on how to put in place commercial and contractual measures to protect themselves […]

Can I claim for Business Interruption Insurance as a consequence of Covid?

13 October 2020

In the early stages of Covid-19 many businesses contacted their insurers to see whether they had business interruption cover that would provide at least some compensation to them. In many cases insurers declined cover. To seek clarity across as many cases as possible as to whether cover should have been granted, the Financial Conduct Authority […]

Mental Health in the Workplace – Time for Change

13 October 2020

Saturday 10th October 2020 was World Mental Health Day and has been termed the most important one yet since World Mental Health Day was observed for the first time on 10th October 1992. 2020 has been a tough year for everyone and months of lockdown has significantly impacted the mental health of millions of people […]

COVID-19 – Fines for employers in England

6 October 2020

New regulations came into effect in England on 28th September 2020, meaning that employers could face fines of up to £10,000 if they knowingly allow or force staff to attend work when they should be self-isolating. These fines only apply in England currently, but ministers are discussing whether the fines should be extended to Scotland, […]

Temporary Protections Against Business Insolvency Extended From 30 September

5 October 2020

The government is extending the temporary measures it introduced to protect businesses from insolvency during the COVID-19 pandemic. The measures are contained in the Corporate Insolvency and Governance Act and were due to expire on 30 September 2020. They will now continue until the end of the year and in some cases, into next year. […]

Changes to the UK Immigration Rules – Advice for Employers

1 October 2020

On 1 January 2021, the existing working rights of EU citizens entering the UK will end. A modified version of the current ‘Points Based System’ that is now in place exclusively for non-EU workers will extend next year to anyone who is not British and Irish. Certain EU and non-EU nationals covered under the existing […]

COVID-19 – Job Support Scheme

29 September 2020

As the Coronavirus pandemic has continued to develop here in the UK, thousands of employers and employees have continued to suffer financially and with the furlough scheme due to end on 31st October 2020, many were left wondering whether any further support would be available. On 24th September 2020, the Chancellor announced that a new […]

Track and Trace: Staying GDPR compliant

24 September 2020

Dan Dowen, Commercial Contracts Associate Solicitor at Berry Smith, provides guidance on how to ensure that your hospitality business can adhere to the Track and Trace programme while still complying with the GDPR As most people are aware, the UK Government has taken a wide range of measures over the course of the Covid 19 […]

Considerations for Reopening Business Premises

28 August 2020

With a gradual easing of lockdown throughout the UK, more and more businesses are looking to reopen their doors to their employees and the general public. Many businesses will be required to adapt the workplace in order to be able to enforce social distancing measures to comply with government guidelines. In this article, we will […]

Homeworking – Advice for Employers

27 August 2020

When the Coronavirus pandemic struck and the UK went into lockdown in March 2020, many employees packed up their workplace belongings and started working from home. As we now approach the end of August 2020, it appears that homeworking is here to stay, at least for the time being. The majority of employers across the […]

Coronavirus UK – Updates for Landlord and Tenants

26 August 2020

The initial statutory protection given to commercial tenants introduced by the UK Government was due to end on 30th June 2020. However further regulations have since been introduced in England and Wales to extend this period to 30th September 2020. In this article, we will highlight the updated statutory protection given to commercial tenants and […]

Berry Smith Recognised for Dealmaker Excellence with Double Nomination

20 August 2020

Once again, leading Welsh law firm, Berry Smith, is celebrating the success of a double nomination at the Wales Dealmakers Awards in Autumn 2020. The winners of the Wales Dealmakers Awards 2020 will be revealed at the awards dinner at the Mercure Holland House Hotel in Cardiff on the evening of 11 November 2020. To […]

How Do You Recover a Debt Due from a Company and the Impact of Covid-19?

18 August 2020

During the current climate it is more important than ever for companies to ensure that invoices and debts are paid on time so as to protect the financial standing of their business during difficult times. There are numerous ways you can seek to recover monies due from a company. However, Covid-19 and legislation introduced as […]