News

12 August 2020

Witnessing Wills by Video – The recent announcement by the government that, from September, individuals will be allowed to have their wills video-witnessed has been welcomed in some quarters but does it potentially allow greater opportunity for fraudsters? In the early stages of “lockdown” and amidst the uncertainties over the impact of the Covid-19 virus, […]

11 August 2020

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 in its Cardiff office. Paul Evans has been promoted to Partner and Owen James to Senior Associate in its Corporate team, Matthew Clapham to Senior Associate […]

5 August 2020

With August 2020 already underway and many booking holidays abroad, we have received a number of queries from employers concerning the 14 day quarantine rules which affect employees returning to work. We set out some frequently asked questions below. 1 – Does an employee need to self-isolate if they return from overseas? The Government announced […]

29 July 2020

Unfortunately, as the Coronavirus pandemic continues to have a devastating impact on businesses’ workloads and income, many employers are finding themselves with no other option than to commence formal redundancy processes. Such processes are time consuming, stressful and unpleasant for both the employees and employers. As a result, in the event that there are a […]

14 July 2020

People buying their main homes in Wales costing less than £250,000 will not pay any tax under temporary measures announced by the Finance Minister today. The starting threshold for land transaction tax will increase from £180,000 to £250,000 for the residential main rates when this new measure is introduced on Monday 27 July. This is […]

9 July 2020

The new Corporate Insolvency and Governance Act 2020 came in to force at the end of June. The Act introduces new insolvency provisions into UK law, and was introduced partly as a consequence of Covid-19 issues. However, some of the provisions have been in the pipeline for some time. We summarise below some of the […]

7 July 2020

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 are being held at Cardiff City Hall on the evening of 2 December 2020. The Commercial Property team is led by partners Martin Pursall and Chris Jones with consultant Roger Berry, all of whom are recommended […]

1 July 2020

Practically, now is the time to start considering your workforce requirements post furlough. If you are considering dovetailing the phasing out of the furlough scheme with a redundancy exercise, thought needs to be given to consultation requirements and the impact they may have on redundancies taking effect where minimum consultation periods apply. The last dates […]

24 June 2020

There has been considerable publicity in relation to potential insurance claims businesses may have arising out of disruption caused by the Covid-19 pandemic. Early on in the crisis the Association of Business Insurers and the UK Government announced that it was unlikely that most commercial insurance policies would cover losses caused by a pandemic. Is […]

19 June 2020

As we enter our 12th week of the UK wide lockdown, it has been impressive how quickly businesses have adapted to ‘remote working’. The current global pandemic has left our economy in a perilous situation and we understand that protecting your business’ intellectual property (IP) may seem a very low priority at the moment. However, […]

18 June 2020

Earlier on this month, the Government published some new guidance covering the changes to the Coronavirus Job Retention Scheme (the “Scheme”) from 1st July 2020. We covered these changes in our previous article, available here.   Specifically, from 1st July 2020, employers will be able to bring back furloughed employees on a flexible, part-time basis. […]

10 June 2020

                                                    A Night in With Rob Brydon                                               […]

2 June 2020

As you will no doubt be aware, the Government are continually releasing new guidance and information with regards to the Coronavirus Job Retention Scheme (the “Scheme”) as the pandemic continues here in the UK. On 29th May 2020, the Chancellor of the Exchequer set out a number of changes to the Scheme which will come […]

26 May 2020

Currently in Wales the message from the Welsh Government is that people should only travel to work if it is not reasonably practicable for them to work from home. However, please note that the Welsh Government have published a list of all businesses which must remain closed for now – these include bars and restaurants, […]

26 May 2020

Our recent newsletters have provided guidance for employers with regards to the Coronavirus Job Retention Scheme (the “Scheme”). As you will no doubt be aware, the Government are continually releasing new guidance as the pandemic continues here in the UK and the need for the Scheme continues. We have addressed some frequently asked questions concerning […]

21 May 2020

Lasting Powers of Attorney (LPAs) are typically considered and arranged in older age; often used by relatives, to cover a possibility of an aged relativity losing capacity to manage their personal financial affairs. However, the current Covid-19 pandemic has underlined the potential importance of LPAs for business owners in these unprecedented times. If one partner […]

21 May 2020

Health & Safety Ranked Top concern for businesses emerging from lockdown Cash Flow comes second, Client Confidence third Health and safety is the most pressing concern among businesses emerging from lockdown according to the latest poll we have undertaken together with other members of the UK’s leading legal and accounting membership group, the UK200Group. The […]

21 May 2020

                  Business in troubled times Free online webinar – Thursday 4 June 2020 1:00 p.m. (1 hour including Q & A)                                                     […]

12 May 2020

Like everyone, we are truly indebted to those working in the NHS and to the key workers that are playing such a vital part in keeping the country functioning in these extraordinary times. We recognise of course that many do so at an increased level of risk to their own health, which of course brings […]

10 May 2020

As we enter into a new ‘stage’ of the coronavirus world, we have produced a helpful checklist to help you prepare your business for the ‘post lockdown’ era. alongside other members of UK200 Group, an organisation of lawyers and accountants that provide services to a large number of SMEs across the UK. This checklist is […]

30 April 2020

Business in troubled times: Employment Law issues Free online webinar – Thursday 7 May 2020 1:00 p.m. (1 hour including Q & A) Click HERE to register The impact of the Covid-19 crisis on many businesses is unprecedented and far-reaching. Whilst many businesses are unable to predict the long-term impact with certainty, there is no […]

29 April 2020

As the Coronavirus Job Retention Scheme online portal is now live, we have produced the below guide to assist employers with making claims for furloughed employees. We have also summarised the government’s guidance with regards to reclaiming statutory sick pay paid to employees as a result of Coronavirus and the interplay between annual leave and […]

28 April 2020

Berry Smith are members of the UK200Group, a UK wide network of lawyers and accountancy firms, representing around 150,000 SME businesses nationally. During April the UK200Group has been asking small businesses across the UK to share information about how their business was faring before the lockdown, what has happened since and outlook for the future.  […]

27 April 2020

HM Treasury has announced that the Coronavirus Job Retention Scheme (the “Scheme”) has been extended to the end of June 2020. There is no doubt that the Scheme has been a life line for many employers. However, organisations will need to start planning for their post-furlough future and will need to establish whether their pre-crisis […]

27 April 2020

April 2020 has been an important month for both employers and us as employment lawyers, with a number of changes to the law being implemented. This article is intended to be used as a checklist for employers to ensure that they have complied with their new legal requirements.  Written statement of key terms/employment particulars As […]

17 April 2020

Following our articles regarding the Coronavirus Job Retention Scheme (“the Scheme”) posted over the past few weeks, further information has been released over the past few days. We have summarised these updates below. The Treasury has now published the full rules for the Coronavirus Job Retention Scheme (Furlough Scheme). They take the form of a […]

16 April 2020

The Covid-19 pandemic has presented a multitude of challenges for business including significant disruptions to supply chains and a potential loss of custom which, of course, will lead to an unfortunate loss of revenue. As a result, businesses are questioning whether such losses will be covered by their insurers. Dan Dowen, Commercial Contracts Associate Solicitor, […]

8 April 2020

Following the Prime Minister’s official statement declaring a lockdown in the UK, it is now clear to see how the Coronavirus crisis will severely impact the British economy, however, the full extent is still unknown. It is therefore imperative that businesses take the initiative to address the various risks posed to their business arrangements in […]

7 April 2020

Following our articles regarding the Coronavirus Job Retention Scheme (“the Scheme”) posted last week, the Government has since published some further information regarding the Scheme over the weekend. We have summarised it and set out below the key points. Whilst on furlough leave, can an employee start a new job? The Government has now clarified […]

6 April 2020

As the restrictions imposed in response to the COVID-19 pandemic impact on construction sites across the country, an ever increasing number of contractors are taking the decision to cease construction work temporarily. As a result, the construction team at Berry Smith are receiving a high volume of enquiries from contractors and sub-contractors seeking to unlock […]

2 April 2020

The tragic coronavirus pandemic has made many people consider their individual circumstances. We have, like many firms, already seen an increase in instructions from clients who want to make or update their Will, or who want to prepare a Lasting Power of Attorney.  By having a Will in place, people ensure that they have peace […]

2 April 2020

The impact of Covid-19   The Covid-19, or Coronavirus, pandemic has elicited profound and decisive action from national governments across the globe. Lockdown measures imposed by the UK government to curtail the spread of the virus have severely impacted every aspect of life. Business and the economy have been no different. Businesses nationwide are grappling […]

1 April 2020

These are extraordinary times and there are significant challenges for all those running companies. Every company is affected to some degree. Previously healthy companies are having to deal with the immediate problem of not being able to trade at all, or with difficulty, as a consequence of employee absence and postponed order books.    Directors of […]

1 April 2020

The impact of Covid-19   Covid-19, or Coronavirus, has spread like wildfire, eliciting profound and decisive action from national governments across the globe. The so-called lockdown measures, imposed by the UK government to contain the virus, have impacted every aspect of life, including business. Businesses nationwide are grappling with previously unforeseen and uncontemplated legal issues, […]

31 March 2020

Following our article regarding the Coronavirus Job Retention Scheme (“the Scheme”) posted last week, the Government have since published some further information regarding the Scheme. We have summarised it and set out below the key points. Who can apply for the Scheme? The Government have now confirmed that provided the other conditions regarding furlough leave […]

31 March 2020

Following the Government’s announcement on Monday 23rd March 2020 that all but essential businesses should remain closed until further notice in a national effort to halt the spread of the coronavirus, many tenants have been forced into uncertainty. Landlords will also be facing a fall in demand for new tenants and requests for rent reductions […]

30 March 2020

The impact of Covid-19   Further to our earlier article on electronic signatures, as companies come to terms with the impact of Covid-19 on the day to day practice of their business, we are advising our clients to consider conducting all business meetings remotely in an attempt to mitigate the risk of the virus spreading. […]

30 March 2020

The government’s response to the Covid-19 outbreak moves rapidly with new measures to ease the financial burden on businesses and workers appearing almost daily. This is a round-up of some of the main developments so far: Furlough Leave – Coronavirus Job Retention Scheme Chancellor Rishi Sunak wants to use furlough leave as the basis of […]

26 March 2020

The Coronavirus outbreak has demanded a significant change in not only the way we operate in our daily lives but also in the way we operate our businesses and practices. As we are all aware, social-distancing is imperative in ensuring that the Covid-19 infection is limited as much as possible. Of course, for many businesses, […]

25 March 2020

Following the announcement of the increased restrictions on Monday evening, members of the public should only leave the house to:- Shop for basic necessities, as infrequently as possible; Exercise, once per day; Obtain necessary medical care, or to provide care or help to a vulnerable person; and/or Travel to/from work (where absolutely necessary) What do […]

25 March 2020

With rising concerns about Coronavirus, we want to advise our clients that we are taking all appropriate steps to ensure the continuity of our business and service to you. Berry Smith LLP remains open but if we are required to close our offices, we have contingency plans in place to enable our staff to work […]

24 March 2020

As the Coronavirus/COVID-19 pandemic develops here in the UK, we have continued to receive queries from both individuals and employers on how various employment issues should be dealt with as a result of the Coronavirus. We have therefore set out a list of frequently asked questions. As the pandemic is continually changing and advice issued […]

24 March 2020

The impact of Covid-19   As of Monday morning (23 March), there were 5,683 confirmed cases of Covid-19 or Coronavirus in the UK. Social distancing and other measures imposed by the government have had a significant impact on every aspect of life, including business. Businesses up and down the country are grappling with previously unforeseen […]

24 March 2020

With the Coronavirus/COVID-19 pandemic continuing to develop here in the UK, both employers and workers may suffer financially in the coming weeks and months. In an effort to assist both employers and employees during this crisis, the Government announced a number of measures on 20th March 2020, which included access to support under the Coronavirus […]

18 March 2020

With the global outbreak and rapid spread of Coronavirus, Governments and businesses around the world are endorsing preventative measures to contain and delay the spread of the infection, including closing schools and businesses and restricting travel. While these measures are, of course, being taken in the interests of health and well-being, there will inevitably be […]

17 March 2020

As the impact of Coronavirus (COVID-19) on business and the economy continues to escalate, the construction sector faces the prospect of imminent and widespread site shutdowns. This will inevitably lead to claims by employers for delay and LADS and claims by contractors for prolongation and loss and expense. An issue that has yet to be […]

5 March 2020

As of 16th March, a total of 1,543 people in the UK have tested positive for the Coronavirus (COVID-19). Based on the World Health Organisation’s declaration that this is a public health emergency of international concern, the UK Chief Medical Officers have raised the risk to the UK from low to moderate. As public concern […]

2 March 2020

Q – My husband and I were married in Pakistan, but have lived in Wales since our marriage (of more than 20 years). We were divorced several years ago, in Wales, and agreed the financial arrangements and obtained an order with the help of solicitors. Everything was amicable. I have now received court papers, from […]

25 February 2020

On 1 January 2020, upon the arrival of a new decade, an updated version of the International Chamber of Commerce’s (ICC) Incoterms rules came into force. Incoterms are a set of rules which facilitate the conduct of global trade between a seller and a buyer, covering some of the practical elements of a contract (such […]

12 February 2020

As the costs involved in replacing Aluminium Composite Material cladding systems continue to escalate, Gavin Hoccom, Senior Associate at Berry Smith, considers the implications for construction professionals and property owners. The tragedy which befell the Grenfell Tower requires no introduction. Its cause has been widely attributed to the Aluminium Composite Material (ACM) panels in which […]

6 February 2020

The UK is no longer a member of the European Union. Brexit has at last, taken effect (albeit not fully). Many aspects of UK law and regulation, particularly in respect to trade, have been underpinned by that of the EU and, consequently, many organisations will be concerned about the impact of Brexit on their commercial […]

30 January 2020

April 2020 will be an important month for both employers and us as employment lawyers, with a number of changes to the law being implemented. This article is intended to provide a heads up for employers as to those changes, so as to enable plenty of time to prepare. Written statement of key terms/employment particulars […]

30 January 2020

In the recent case of Casamitjana v League Against Cruel Sports, an Employment Tribunal ruled that ethical veganism is a philosophical belief that is protected by law against discrimination. Background In this case, the Claimant, Mr Casamitjana claimed that he was unfairly dismissed by the Respondent, an animal welfare charity, as a result of him […]

12 December 2019

Dan Dowen, an associate in our commercial department, considers the GDPR implications of sending out corporate Christmas cards. As we enter the season of merry festivities, we have started to receive some interesting questions about GDPR, such as, when Santa Claus makes his list of children’s names, is he in contravention of GDPR and should […]

11 December 2019

Paul Evans, Senior Associate at Berry Smith LLP, considers the issues surrounding GPs leaving practices and the safeguards that can be put in place to preventing a single partner from being left personally responsible for the liabilities of a practice. Background GP Practices across England & Wales are being forced to operate with significant gaps […]

11 December 2019

With the festivities in full swing, 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 […]

9 December 2019

There is plenty of snow forecast for January 2020, which will no doubt cause concerns for both employers and employees. Some employees may be wondering how they are going to get to work due to travel disruptions and employers will have to deal with the difficulties surrounding absences, health and safety and pay. We have […]

8 December 2019

As construction company failure rates show little sign of improvement, Gavin Hoccom, Senior Associate at Berry Smith, considers the position of the construction company entering or facing insolvency as a consequence of non-payment by an employer. It is a common occurrence: a construction company faces insolvency for no reason other than its employer has taken […]

3 December 2019

Berry Smith is delighted to have advised the management team of Just Rollers on its recent buy-out of the Cwmbran based business. Originally founded in 1970, Just Rollers is the largest rubber and polyurethane industrial roller manufacturer in the UK, with sales growth of over 66% in four years and a long held reputation for […]

1 December 2019

Benjamin Delve, of Berry Smith Lawyers, considers how a landmark case saw the redefining of the word ‘mother’ Largely drowned out by recent Supreme Court rulings and the noise around Brexit, the Rt Hon Sir Andrew McFarlane (the President of the Family Division) made a landmark ruling in the High Court on 25 September 2019. […]

1 December 2019

In the beloved Christmas film, Home Alone, Kevin, a young boy accidentally left at home for the Christmas holidays, leaves the following message for Santa Clause: “This is extremely important. Will you please tell Santa that instead of presents this year, I just want my family back?” The Christmas season is a special time for […]

22 November 2019

Background Bentley Clothing, a Manchester-based family firm issued proceedings for trademark infringement against the world-renowned luxury car manufacturer, Bentley Motors. Bentley Clothing has been selling clothing under the brand name ‘BENTLEY’ since 1962 and have registered and owned the trademark for clothing since 1982. However, in 1987 car giant Bentley Motors also began to sell […]

19 November 2019

This Thursday, 21st November is Carers Rights Day, which is a day where organisations come together to help carers understand their rights and help them find out how they can get the help and support they are entitled to. A study carried out by Carers UK found that 5 million people in the UK are […]

12 November 2019

This week is Anti-Bullying Week, which is a week where businesses, schools and members of the public come together to take a collective stand against bullying. This article considers what bullying and harassment mean in a legal context and specifies some measures that employers can put in place to prevent and address bullying in the […]

7 November 2019

Once again, Berry Smith features prominently in the recently published independent guides to the legal profession in the UK. In both the respected Legal 500 and Chambers & Partners guides Berry Smith is recognised as one of the leading law firms in Wales. It is recommended in a record number of 13 areas of practice […]

30 October 2019

In the recent case of Conisbee v Crossley Farms Ltd, the Employment Tribunal held that vegetarianism is not a protected characteristic. Facts The Claimant is a vegetarian and he worked for the Respondent as a waiter for 5 months before resigning. The Claimant brought a claim of discrimination on the grounds of religion and belief, […]

30 October 2019

As World Menopause Day took place on 18th October, it is time to address the taboo that exists in the workplace. Menopausal women are the fastest growing demographic in the workforce. Employers must therefore ensure that they are aware of their legal obligations and what they can do to support their staff. Research demonstrates that […]

10 October 2019

Due to the high level of demand, Berry Smith has released an extra date for this training seminar. It is aimed at HR professionals and managers with HR responsibilities which will be hosted by Sarah Alford, a senior associate and Wendy Stamp, a HR consultant in the Employment & HR team. Places for the seminar […]

8 October 2019

With the Rugby World Cup already underway, some employees may be ready to kick back and relax and enjoy the tournament. However, some employers may have concerns regarding how to maintain a productive workplace during the rest of the tournament, which runs until 2 November. In particular this may be a concern given that the […]

8 October 2019

April 2020 will be an important month for both employers and us as employment lawyers, with a number of changes to the law being implemented. This article is intended to provide a heads up for employers as to those changes, so as to enable plenty of time to prepare. Holiday reference period From 6th April […]

12 September 2019

Leading Welsh law firm, Berry Smith, is celebrating the success of a double nomination at the Wales Dealmakers Awards 2019 this Summer. The awards, which are set to be held on September 26 at the Mercure Holland House hotel in Cardiff, will recognise the top acquisitions, funding deals and buyouts in Wales, bringing together the […]

11 September 2019

Jane Rees, Associate at Berry Smith LLP, considers the steps that can be taken should parts of a tree encroach onto your property.     Whilst trees can add a great deal of beauty to our surroundings, problems can arise when they are not maintained properly.  So, what can you do if the branches of a […]

5 September 2019

  In the recent case of Okedina v Chikale, the Court of Appeal (CA) ruled that an employment contract was enforceable despite immigration rules being breached. Facts Ms Chikale, a Malawian national worked as a live-in domestic worker for Mrs Okedina in the UK, after Mrs Okedina had obtained a six months visa for her.  […]

5 September 2019

In our January 2019 newsletter we addressed the consultation published by the Department for Business, Energy and Industrial Strategy (BEIS) titled “Pregnancy and maternity discrimination: extending redundancy protection for women and new parents”. Within this consultation the BEIS proposed to the government that women and new mothers who have recently returned to work should be […]

20 August 2019

What is ring-fencing? By 1 January 2019, all UK banks with more than £25 billion in retail deposits were required to have separated their retail banking services from their investment banking, also known as ‘ring-fencing’. Ring-fencing aims to increase stability in UK banks and support consumer banking by protecting it from unrelated risks in the […]

16 August 2019

Lauren Parsons, Solicitor at Berry Smith, considers the liabilities of landowners in respect of the presence of Japanese Knotweed on their land.    After the Court of Appeal’s decision in Williams v Network Rail Infrastructure Limited, it is vital that landowners are aware of their rights, responsibilities and liabilities in respect of Japanese Knotweed.   […]

10 August 2019

Q – My partner and I recently separated following a lengthy relationship. We have one child together, aged 9, who lives with me. Following our separation my partner has moved to Dubai, to work, and is refusing to make any financial contributions for our son. What can I do?   A – If you are […]

9 August 2019

Berry Smith is holding a training seminar aimed at HR professionals and managers with HR responsibilities which will be hosted by Sarah Alford, a senior associate and Wendy Stamp, a HR consultant in the Employment & HR team. Places for the seminar are selling out quickly, so book now to avoid disappointment       […]

6 August 2019

In the case of Tillman v Egon Zehnder Ltd, the Supreme Court has upheld a non-compete restriction in the first employment competition case to have reached the court in over a century. Ms Tillman was a former investment banker for management consultancy firm Egon Zehnder. Her employment contract included a non-compete clause that aimed to […]

16 July 2019

Landlords must be sure leases are correctly drafted to enable action against tenants who are not paying their rent. In a challenging environment for landlords, it is vital they are aware of the options available to them should they face a non-paying tenant. When a lease is being drafted, it is important for landlords to […]

12 July 2019

What is a pre-nup? A ‘pre-nup’, or pre-nuptial agreement, is a legal agreement entered into by a couple prior to their marriage. Usually, the agreement will set out how the couple intend to manage their financial affairs. We didn’t get a pre-nup, but can we get a post-nup? Nuptial agreements can be entered into before, […]

12 July 2019

Sarah Alford, a senior associate specialising in employment and HR law at Berry Smith Lawyers, offers a practical guide to help organisations recruit the right employee The success of a business often turns on the skill and commitment of its staff.  Therefore, finding the right person for the job is crucial for any organisation. Despite […]

11 July 2019

The recent case of Miss N Lomana Otshudi v Base Childrenswear Ltd, serves as a reminder to employers that acts of discrimination can have significant financial consequences. Background In this case, the Claimant, Miss Otshudi, was dismissed after three months’ employment. The Respondent stated that the reason for her dismissal was redundancy. Miss Otshudi appealed […]

9 July 2019

“Surprised and disappointed” was British Airways’ (BA) response to the news that, following an extensive investigation into the cyberattack on BA in 2018, they would be the first organisation to be fined by the Information Commissioners Office (ICO) for infringements of the General Data Protection Regulation (GDPR). Let’s recap…. In September 2018, BA discover they […]

7 July 2019

Celebrity press has reported this week that Nicholas Cage’s marriage to Eika Koike came to a prompt end on 31st May when the judge in Clark County, Nevada, granted the divorce just over two months after they were married on 23rd March 2019. The couple had been married only 4 days before Nicholas Cage applied […]

28 June 2019

Given the ever-increasing rate of construction company failures, Gavin Hoccom, Senior Associate at Berry Smith, considers the protection which suppliers to the construction industry may obtain through the use of retention of title clauses. The last 12 months have been a torrid time for the construction sector, with the collapse of an estimated 943 construction […]

27 June 2019

In the past few years there has been a lot of discussion regarding sexual harassment in the workplace. In addition, stories regarding high profile figures such as Sir Phillip Green using non-disclosure agreements to cover up allegations of sexual harassment have come to light and the “me too” movement began. Following this highly topical issue, […]

18 June 2019

It is important that employers get the position right when it comes to employee references as an employer could potentially be liable to the employee and the new employer if they get it wrong. This article therefore includes some top tips for employers to consider when providing employee references. Generally an employer has no legal […]

7 June 2019

Leading UK Law Firm Appointed By Cancer Charity Leading law firm, Berry Smith, has been appointed by Tenovus Cancer Care as its new legal representative. The award-winning law firm, which has offices based across the UK, has been appointed by the Welsh charity to oversee its legal affairs following a competitive tender process completed at […]

4 June 2019

Berry Smith acted for AIM listed Yourgene Health Plc, the international molecular diagnostics group on its acquisition of Delta Diagnostics (UK) Limited, which trades as Elucigene, for a consideration of £9.2 million. Elucigene is a Manchester based, molecular diagnostics manufacturer and developer, whose products focus on reproductive health and oncology, including products for cystic fibrosis […]

28 May 2019

Introduction In the case of Antuzis v DJ Houghton, the High Court has ruled that directors of a limited company can be personally liable for causing the company to act in breach of its contractual and statutory obligations. Facts The Claimants were employed by the Respondent, DJ Houghton Catching Services, as chicken catchers. They were […]

26 May 2019

Q. I have lived with my partner for 10 moving, and we are looking to purchase a property together. We will be purchasing the property with the assistance of a mortgage and I will be paying the deposit, using some money I have saved. If we sell the property in the future, I would like […]

25 May 2019

Q – My partner and I are currently considering having a child through a surrogacy arrangement, as we are unable to have children ourselves. Fortunately, a friend of ours has agreed to act as a surrogate and we have started discussing what should happen. Do we need a contract? A – Surrogacy arrangements have been […]

25 May 2019

Q – I have a 5 year old son from a relationship which ended two years ago. Whilst our separation was amicable, we’ve had little success in determining the childcare arrangements and it seems like my former partner is contesting every facet of our son’s life. Last year, with the help of mediation, we were […]

14 May 2019

Unfortunately, grievances do arise in the workplace and employers may therefore be faced with the daunting and time-consuming task of dealing with the complaints raised. Employers need to ensure that they know what to do when a grievance is raised and how to minimise the risk of potential claims and upset to staff. Dealing with […]

6 May 2019

Leading commercial law firm, Berry Smith, has strengthened its team with a series of key promotions. The independent Welsh law firm has promoted six of its team members in its Cardiff and Bridgend offices. Paul Evans and Sarah Alford are promoted to the role of Senior Associate with Dan Dowen, Michael Shutt, Benjamin Delve and […]

30 April 2019

Increasingly in recent years, a work life balance has become more and more important for employees and as a result some employers will have seen an increase in flexible working requests. It is therefore important that employers know how to deal with flexible working requests fairly and objectively in order to minimise the risk of […]

17 April 2019

Financial penalties for employers On 17th December 2018, the government published the Good Work Plan which set out the government’s vision for the future of the UK labour market. Within the plan the government committed to a range of policy and legislative changes. As a result of the Good Work Plan, the Employment Rights (Miscellaneous […]

25 March 2019

In the case of Gan Menachem Hendon Ltd v De Groen, the Employment Appeal Tribunal (“EAT”) has held that a Nursery worker was not subjected to direct discrimination on the ground of religion or belief when she was dismissed from a Jewish nursery for cohabiting with her boyfriend. The Claimant, Zelda De Groen, was employed […]

15 March 2019

In the case of Network Rail Infrastructure Ltd v Crawford, the Court of Appeal (“CA”) has held that a worker’s right to a compensatory rest break under the Working Time Regulations 1998 need not be an uninterrupted rest break of 20 minutes where workers fall within a number of “special cases”. Under regulation 12(1) of […]