News

1 March 2019

Q. One of my friends has told me that she and her husband have transferred their property to their children to avoid care home fees. Is this something I should consider? A. If you transfer your property to your children, you have no legal right to continue living in the property. It is only with […]

26 February 2019

  April is an important month for employers and us as employment lawyers – it is when we see a raise in rates and certain statutory payments. There are also some changes to the law surrounding itemised payslips.   From 1 April 2019 the following increases to the National Minimum Wage and National Living Wage […]

20 February 2019

Alexandra Mitchell, Solicitor at Berry Smith, considers the recent changes proposed by The Law Commission to the RTM legislation. Changes have been proposed by The Law Commission to make it less complicated for leaseholders to obtain control of the day to day management of their buildings in England and Wales. They have released a 3 […]

19 February 2019

In the case of Federación de Servicios de Comisiones Obreras (CCOO) v Deutsche Bank SAE, Advocate General Pitruzzella provided his opinion that under the EU Charter of Fundamental Rights and the EU Working Time Directive, employers should keep records of actual daily hours worked for full-time workers who have not expressly agreed to work overtime. […]

7 February 2019

In the case of Chatfield-Roberts v Phillips & Universal Aunts Limited, the Employment Appeal Tribunal (“EAT”) held that the right to use a substitute can be consistent with employee status. The Claimant worked as a live-in carer for the first Respondent’s uncle, Colonel Henry Brooke. The second Respondent, Universal Aunts Limited was an agency that […]

6 February 2019

In the case of Lamb v The Garrard Academy, the Employment Tribunal (“ET”) erred in determining that an employee off sick for four months with PTSD was not disabled. The Claimant, Ms Lamb had worked for the Respondent, The Garrard Academy as a teacher. In March 2012, the Claimant raised two grievances and despite being […]

6 February 2019

In the case of Ameyaw v PWC, the Employment Appeal Tribunal (“EAT”) held that the Employment Tribunal (“ET”) does not have the power to remove judgements from the on-line public register. The Claimant, Miss Ameyaw, applied to have a previous ET judgment, removed from the public register, or in the alternative she asked for her […]

5 February 2019

In the case of J v K and another, the Court of Appeal (“CA”) granted an extension of time to appeal as the Appellant had not been notified that the Employment Appeal Tribunal (“EAT”) could not accept emails exceeding 10MB. Appeals must be received by the EAT no later than 42 days from the date […]

5 February 2019

In March 2016, the Department for Business, Energy and Industrial Strategy (BEIS) and the Equality and Human Rights Commission (EHRC) carried out research into pregnancy and maternity issues at work.  It revealed that 77% of women reported negative experiences at work related to their pregnancy or maternity. In addition, research carried out by the Women […]

1 February 2019

Q – I have recently got engaged and am in the process of planning a Summer Wedding. I really want to get married on the beach in West Wales. Is this possible? A – Couples who choose to marry in Wales, or England, can get married in a register office, a building of the Church […]

1 February 2019

Q. I have read in the newspaper that siblings could soon enter into civil partnerships. Is this correct? A. Currently, under the Civil Partnership Act 2004, two people of the same sex may be registered as civil partners. Prior to the implementation of the Marriage (Same Sex Couples) Act 2013, registration as civil partners was […]

25 January 2019

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 […]

24 January 2019

Connected Capital Networking, powered by NatWest and supported by Berry Smith Lawyers, is back For 2019! We look forward this time to welcoming you to the NatWest Entrepreneur Accelerator Hub in Cardiff for an evening of Networking & Refreshments. Connected Capital Networking Cardiff is an event exclusively for young professionals & business owners in Cardiff and […]

15 January 2019

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 […]

9 January 2019

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 […]

9 January 2019

In the case of Stefanko and others v Maritime Hotel Ltd, the EAT has held that the Claimant should have received a statement of particulars despite the fact that she was only employed by the Respondent for 6 weeks. Under section 1(2) Employment Rights Act 1996, an employee is entitled to receive a statement of […]

9 January 2019

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. Under the Equal Pay Act 1970, a Claimant has 6 months […]

9 January 2019

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 […]

9 January 2019

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 […]

9 January 2019

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. […]

9 January 2019

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 […]

13 December 2018

Although trademark registration is not compulsory in the UK, it is certainly advisable. Securing a registered trademark protects your brand and provides you with the tools and mechanisms to prevent someone using similar signs and making money off the back of your business. As part of our recent campaign encouraging businesses to register trademarks, we […]

13 December 2018

Gavin Hoccom, Senior Associate at Berry Smith, considers the implications for directors and shareholders following a recent decision of the High Court in relation to the use of a limited company to avoid payment to a building contractor for construction works. According to the most recent government statistics, there were 5.7 million small and medium […]

6 December 2018

Paul Evans, Associate at Berry Smith, discusses the importance of partnerships having in place a well drafted, up to date partnership agreement. Many traditional businesses still operate as a partnership instead of incorporating as a limited company. The partnership model offers a lot of advantages to those who choose to run their business this way. […]

4 December 2018

ACAS have recently issued fresh guidance on performance management, following research undertaken by NatCen Social Research on its behalf. The research found that: Only 1 in 4 employers adapt performance management systems for staff with special needs and disabilities and conditions such as dyslexia and autism Only one in ten employers used performance management systems […]

4 December 2018

In Tribunalul Botoşani v Dicu (Case C-12/17), the ECJ has held that a Romanian law which ‘suspends’ the employment contract during parental leave and prevents the accrual of annual leave during this time is permissible, and does not infringe the Working Time Directive. Ms Dicu was a Judge at the Royal Court of Botosani. After […]

3 December 2018

Q. My partner and I have lived together for 5 years and would like to ‘take our relationship to the next level’. However, neither of us are particularly religious and we are considering, rather than marriage, entering into a Civil Partnership. We aren’t the same sex, however; is this an issue? A. Since the Civil Partnership […]

22 November 2018

Every business will have some form of Intellectual Property (IP), from larger corporate companies down to local family run businesses. It’s the product or services that you have developed that sets you apart from your competitors. We know that, as a business, there are numerous issues you will face involving the development of the product, […]

20 November 2018

In the case of Hargreaves v Manchester Grammar, the Employment Appeal Tribunal (“EAT”) held that the failure of the employer to disclose evidence in favour of the employee to a disciplinary panel did not render the dismissal unfair. The Claimant was employed by the Respondent as a teacher and had an unblemished career, until it […]

12 November 2018

In the case of British Airways plc v Pinaud, the Court of Appeal (“CA”) held that a worker who was required to work 53.5% of full-time hours but was only paid 50% of full-time pay had been treated less favourably.  The Claimant, Ms Pinaud, was employed by British Airways as a cabin crew purser. She […]

12 November 2018

In the case of George v London Borough of Brent, the Employment Appeal Tribunal (EAT) has commented that a redundancy dismissal is likely to be unfair where an employer fails to comply with a contractual obligation to offer a trial period for an alternative role. The Claimant had been employed by the Respondent as a […]

12 November 2018

In the case of Addison Lee Ltd v Lange & Ors, another recent ‘gig-economy’ case brought against the taxi and courier firm Addison Lee, the Employment Appeal Tribunal (EAT) held that private hire drivers were workers and not independent contractors. The three Claimants were private hire drivers for Addison Lee. They brought claims against the […]

12 November 2018

In the case of Wood v Durham County Council, the Employment Appeal Tribunal (EAT) held that a tendency to steal, which the employee claimed to be a manifestation of his post-traumatic stress disorder (PTSD) and associative amnesia, was not an impairment and therefore does not meet the definition of disability for the purpose of bringing […]

9 November 2018

We are delighted to see that Berry Smith features prominently in recently published independent guides to the legal profession in the UK. In both the prestigious Legal 500 and Chambers & Partners guides Berry Smith is recognised as a leading law firm in Wales, and is recommended in a record number of 13 areas of […]

30 October 2018

On 25th October, the Information Commissioner’s Office (ICO) fined Facebook £500,000 for its serious breach of data protection laws between 2007 and 2014. This follows a Notice of Intent to fine Facebook which was issued in July 2018 as part of the ICO’s wider investigation into the breach. Upon conclusion of its investigation, and having […]

25 October 2018

In the case of R v Minister for the Cabinet Office, the Administrative Court held that government negotiators had not made an express promise concerning consultation over a government department’s remit for negotiating pay. The Claimants in this case consisted of three independent trade unions who represented 200,000 civil servants employed by government departments, agencies […]

25 October 2018

Dan Dowen, a solicitor in the commercial department at Berry Smith, provides an update on this week’s breaking news surrounding the Morrisons’ data leak. The Court of Appeal upheld a High Court decision that Morrisons is liable for a data breach that resulted in thousands of their employees’ details being posted online by a disgruntled […]

24 October 2018

In the case of Evans v Xactly, the Employment Appeal Tribunal (“EAT”) held that calling an employee a “fat ginger pikey” did not amount to harassment when considering the context in which the comment was made. The Claimant, Mr Evans, was employed by the Respondent as a sales representative. The Claimant was dismissed for poor […]

24 October 2018

New regulations are being introduced to help small businesses recover unpaid invoices from large companies. The changes will make it easier for firms to access invoice finance. Ministers say this could provide a £1bn long-term boost to the economy Currently a small supplier’s contract with a larger company may prevent it from securing invoice finance […]

24 October 2018

In the case of Bellman v Northampton Recruitment Ltd, the Court of Appeal (CA) held that the Respondent Company was responsible for the actions of a senior employee who injured another employee at an impromptu work after-party.  The Claimant was employed by the Respondent as a sales manager. Mr Major was a director and shareholder […]

24 October 2018

In the case of Hawkes v Ausin Group (UK) Ltd, the Employment Appeal Tribunal (EAT) held that the failure of the Respondent to hold a meeting with the Claimant before his dismissal, did not render the dismissal unfair.   The Claimant was a volunteer reservist with the Royal Marines and was employed by the Respondent […]

24 October 2018

In the case of Sheikholeslami v University of Edinburgh, the Scottish Employment Appeal Tribunal (EAT) held that the Employment Tribunal (ET) had erred in applying a test of strict causation when determining a claim of disability discrimination. It confirmed that when considering a claim of discrimination arising from disability a looser causation test should be […]

24 October 2018

In the case of Twenty-Four Seven Recruitment Services Limited and others v Afonso and others, the Employment Appeal Tribunal (“EAT”) has provided some useful guidance on the level of detail that needs to be provided in an agency worker’s contract in order to invoke the equal pay (‘Swedish derogation’) exemption set out in the Agency […]

23 October 2018

Fabio Grech, partner at Berry Smith and Employment law specialist, discusses how workplace relationships can potentially impact on your business. I recently advised a business owner struggling with the consequences of an office romance between his business partner and a junior employee.  His early reticence to challenge what was clearly preferential treatment by his business […]

23 October 2018

In the case of VM Morrison Supermarkets Plc v Various Claimants, the Court of Appeal (“CA”) held that the supermarket chain Morrisons was liable for the actions of an employee who wrongfully disclosed the personal data of 99,998 of his colleagues. The employee Mr Skelton, was a senior IT internal auditor employed by Morrisons. Having […]

18 October 2018

In a market where there is a new growth industry of “professional occupiers,” being a company who occupy premises with the sole intention of mitigating the liability of property owners who are subject to non-domestic rates, it is not surprising the question of what amounts to ‘occupation’ for the purpose of determining rateable occupation has […]

11 October 2018

In the case of Lee v Ashers Baking Company Ltd and Others, the Supreme Court has held that it was not discriminatory for a Christian bakery to refuse to supply a cake to the Claimant displaying a message in support of gay marriage. In May 2018, the Claimant asked ABC Ltd to bake a cake […]

4 October 2018

In the case of Nicholls v London Borough of Croydon and others, the Employment Appeal Tribunal (EAT) held that the Employment Tribunal (ET) had erred in finding that the transfer of public health functions to a local authority was not covered by TUPE. The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), state that […]

4 October 2018

In the case of Tabberer and others v Mears Ltd and others, the Employment Appeal Tribunal (EAT) has held that the removal of a contractual travel time allowance, which was described as outdated and unjustified, was not void following a TUPE transfer. The Claimants were a group of electricians who were originally employed by Birmingham […]

4 October 2018

In the cases of Rana v Ealing London Borough Council and anor; Bonnie v Department for Work and Pensions, the Court of Appeal has held that even where a judgment is sent to the wrong person, the time limit for appealing a decision to the Employment Appeal Tribunal (EAT) continues to run from the date […]

4 October 2018

In the case of East Kent Hospitals NHS Foundation Trust v Levy, the Employment Appeal Tribunal (EAT) has held that an employee’s letter to her employer giving one month’s notice did not amount to a resignation. The Claimant worked for the Respondent as an administrative assistant in the Records Department. Following difficulties at work, the […]

4 October 2018

In the case of Mutombo-Mpania v Angard Staffing Solutions Ltd, the Employment Appeal Tribunal (EAT) held that an employee was not a disabled person as he had not evidenced the impact of his impairment on normal day-to-day activities. In addition the employer could not reasonably have been expected to know of any disability in this […]

4 October 2018

In the case of Dunn v Secretary of State for Justice and anor, the Court of Appeal has held that the Respondent’s procedure for determining an employee’s application for early retirement on ill-health grounds which involved unreasonable delay was inherently defective but not inherently discriminatory. The Claimant, Mr Dunn was employed by the Respondent as […]

4 October 2018

On 6th September 2018, HM Treasury published information concerning draft proposals regarding actuarial revaluation of public service pension schemes. HM Treasury undertakes valuations of the public service pension schemes every four years. The public service pension schemes cover the NHS, teachers, the armed forces, the police, firefighters, local government workers, judiciary and civil servants. The […]

1 October 2018

Q When my husband got divorced in 2012, he made a will leaving everything to his two sons by his previous marriage. I have been married to him for 18 months after living with him for 3 years. My husband suffers from heart disease and I am concerned that he has not made a new […]

1 October 2018

Q. My wife and I recently separated and we would like a nice, easy, ‘no fault’ divorce. How can we go about this? A. In order to petition for a divorce there is one ground for it; irretrievable breakdown of the relationship. This must, however, be demonstrated using one of five facts, namely, adultery, unreasonable […]

1 October 2018

Q I was married for 26 years. My husband left me 3 years ago for a woman with young children and, last year, they bought a house together. He says he has no money to help me out but, while I have been unable to afford any holidays since then, he has taken his new […]

14 September 2018

We are delighted to announce that our Employment team has been appointed as legal advisers to the South Wales Fire and Rescue Service on matters of Employment law. The team, headed by Fabio Grech, has steadily expanded its offering within the public sector, having already acted for a range of public sector employers including Welsh Government departments, […]

11 September 2018

There has been a huge rise in the number of couples citing “unreasonable behaviour” as grounds for obtaining a quick divorce. Researchers at Oxford University found that the number of divorces granted to wives because of unreasonable behaviour rose from 17% in 1971 to 51% in 2016. The increase was even sharper for husbands, rising […]

7 September 2018

A wealthy businessman has left millions to the charity Oxfam after inserting a common tragedy clause into his will. Richard Cousins died along with his two sons, his fiancé and her daughter when their plane crashed in Australia on New Year’s Eve. Mr Cousins, who was the chief executive of the Compass Group, had made […]

5 September 2018

Nick Parker, partner and head of dispute resolution at Berry Smith Lawyers and a civil and commercial mediator, considers the continued growth and success of voluntary mediation between parties in resolving civil and commercial disputes. Disputes are not generally considered to be ‘good news’ by the parties involved and resolving them quickly and effectively is, […]

4 September 2018

In the case of X v Y Ltd, the Employment Appeal Tribunal (EAT) held that an email from a lawyer was not covered by legal advice privilege because there was a strong case to suggest that it advised how to mask an employee’s dismissal as a redundancy to avoid the employee making further complaints of […]

4 September 2018

The Deputy Pensions Ombudsman has upheld a complaint where an employer failed to bring forward a member’s retirement date before his death. Mr Y was diagnosed with a form of aggressive cancer and underwent chemotherapy. He was recommended by a counsellor appointed by his employer for early retirement on grounds of permanent ill-health. Mr Y […]

1 September 2018

Q – I have a daughter, aged 10, from a previous marriage who lives with me every other week. My ex-wife has recently got engaged to a man she met, whilst on holiday, on California. My daughter has said that she has been told that they are all moving to USA after the wedding and […]

1 September 2018

Breaking up can be hard to do, but BERRY SMITH LAWYERS can help make it as stress-free as possible Q – My partner and I split up 13 years ago after buying a house together four years previously. I have continued to live here and have paid the mortgage ever since. I would like to […]

1 September 2018

Q – I am trying to get our finances sorted out following a divorce, but my ex-husband won’t produce the requested details of his assets. How much power does the Court have to force him to do this? I feel that fines and “contempt of court” are unlikely to be a deterrent, so this could […]

28 August 2018

Over recent months the Information Commissioner’s Office (ICO) has issued a number of enforcement notices and fines to those companies that have acted in breach of Data Protection law. Our commercial solicitor, Dan Dowen, gives an overview of recent actions taken by the ICO to combat such illegal behaviour. June 2018 At the end of […]

24 August 2018

In the case of Brown & Anor v Neon Management Ltd & Anor, the High Court held that where an employee resigns but on notice of six months or more, this will affirm (i.e. deemed to have consented to the breach) the contract of employment unless there are further breaches of contract after the resignation. […]

22 August 2018

A quarter of UK companies say they’ve suffered a hit to their cash flow and longer-term finances because of the insolvency of a customer over the last six months. The research by the insolvency and restructuring trade body, R3, found the financial impact of the insolvency of another business was described as “very negative” by […]

17 August 2018

In the case of Miah v Axis Security Services Ltd, the Employment Appeal Tribunal (EAT) held that time limits are not automatically extended when the limitation period expires on a non-working day. The Claimant, Mr Miah, brought a claim of unfair dismissal against his former employer. His claim was received by the Employment Tribunal on […]

16 August 2018

We are a society that is living longer; that much is clear. There are currently 12.8 million people above the age of 65 living in the UK. This figure is set to increase and it is predicted that in 2025, the UK will have 15.4 million over 65s. As we are living longer, more of […]

15 August 2018

There are lots of ways a business can incentivise their employees such as pay rises, bonuses, health care, discounted gym memberships and many more.  But how do you ensure that key personnel stay and work with you to achieve your end goal? Offering shares is an increasingly popular way companies choose to incentivise their key […]

14 August 2018

Dan Dowen, commercial solicitor at Berry Smith, provides an update on today’s breaking news. Royal Mail has been found to have breached competition law and, as a result, fined £50 million. Ofcom’s investigation concluded that Royal Mail was abusing its dominant position by discriminating against its only major competitor in delivering business letters. The fine relates […]

9 August 2018

The Federation of Small Businesses (FSB) has called on the UK’s leading companies to address the issue of late payments. FSB Chairman Mike Cherry sent a letter to the leaders of the FTSE 100 companies urging them to lead the way in eliminating late payments that can cause huge cash flow problems for smaller firms. […]

8 August 2018

In the case of Office Equipment Systems v Hughes, the Court of Appeal held that even though the respondent was debarred from contesting liability, they should have been allowed to participate in the remedy hearing. The Claimant, Ms Hughes, issued a claim in the Employment Tribunal for unfair dismissal, sex discrimination, notice pay, holiday pay […]

1 August 2018

In the case of Saad v Southampton University Hospitals NHS Trust, the Employment Appeal Tribunal (EAT) held that when considering bad faith for the purposes of a victimisation claim under the Equality Act 2010, the primary focus should be on the employee’s honesty and not on their ulterior motive. The Equality Act 2010’s victimisation provisions […]

1 August 2018

In the case of Tarn v Hughes & Ors, yes it was. In this case, the Employment Appeal Tribunal (EAT) held that the Employment Tribunal’s order requiring the Claimant to limit her claims to the ten most serious and recent claims was perverse.   The Claimant, Dr Tarn, was a GP who brought various claims […]

1 August 2018

Breaking up can be hard to do, but Berry Smith Lawyers can help make it as stress-free as possible Q – My partner and I split up 13 years ago after buying a house together four years previously. I have continued to live here and have paid the mortgage ever since. I would like to […]

1 August 2018

If a landlord doesn’t want to carry out repairs on a commercial property unless he has a tenant waiting to move in, is he entitled to have the rateable value reduced? A recent case saw landlord Christopher Shaw appeal after a valuation tribunal refused to reduce the rateable value of one of his business units. […]

1 August 2018

In the case of Matei v Brooknight Guarding Limited, the Employment Appeal Tribunal (EAT) held that a Claimant engaged on a zero hours contract, and deployed to work for a third party, was an agency worker for the purposes of the Agency Workers Regulations 2010.  The Respondent is a security company which employs security guards […]

30 July 2018

Berry Smith welcomes you to its HR breakfast at our Cardiff Office   The session is aimed at HR professionals and managers with HR responsibilities and will be hosted by Rachel Duncan and Carys Strong, Solicitors in the Employment & HR team. Rachel and Carys will provide an overview of recent case law and legislation […]

27 July 2018

In this bulletin, the Berry Smith Healthcare team discusses the importance of a GP Practice having in place a Partnership Agreement along with the issues faced by a Practice having an outdated or badly drafted agreement. No Partnership Agreement Some Practices do not have a Partnership Agreement in place.  This lack of clarity and detail […]

26 July 2018

I regularly receive questions from employers that are worried about falling foul of the laws relating to maternity leave. In this article I 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 her maternity […]

25 July 2018

Berry Smith’s Property Litigation Team has recently represented a national property developer in the Court of Appeal, in a case which provides significant clarification on the nature of planning law for proposed retail developments in Wales. Our client proposed to develop a local motorway petrol station into a full roadside service area. However, in August […]

20 July 2018

So, after months of planning, researching the market and potential clients, you’ve established your brand name, your business doors are now open and you are ready to supply your goods and services to the world. The main thought on your mind is probably how long before you make a profit and, I would guess, that […]

18 July 2018

Our team of experts explains the ins and outs of wills and probate What is a will? A Will is a legal document which expresses what you would like to happen to your possessions and assets (commonly know as your estate) on your death. In addition to dealing with what you would like to happen […]

13 July 2018

UK Supreme Court confirms that No Oral Modification clauses are binding.  The Supreme Court recently ruled that clauses which limit a party’s ability to vary a contract, also known as “no oral modification clauses” (NOMs), are binding on the parties. Subsequently, it was held that a proposed oral variation to a contract was ineffective. In […]

4 July 2018

If your brand name or logo is important to you, consider trademark protection When starting up a new business there are so many things to think about, from deciding your legal entity to who provides the office stationary. The mammoth task of decision making required at this stage can be overwhelming and vital considerations can […]

1 July 2018

In the case of Gray v Mulberry, the Employment Appeal Tribunal (EAT) held that if a single employee holds a philosophical belief and is unable to establish a group disadvantage, then they cannot succeed in a claim of indirect discrimination. The employee, Ms Gray worked for Mulberry and was asked to sign an agreement which […]

1 July 2018

In the case of Mr A Haydar v Pennine Acute NHS Trust, the Court of Appeal held that the Employment Appeal Tribunal (EAT) had been right to refuse an extension of time to appeal where the Notice of Appeal had been lost in the post and the appellant had not chased it up promptly. Following […]

1 July 2018

The government has published its White Paper detailing the future relationship between the UK and the European Union following Brexit. On first glance it appears that EU employment laws are here to stay with the paper stating that “the UK proposes that the UK and the EU commit to the non-regression of labour standards” (see page 40, Section […]

1 July 2018

In Lancaster and Duke Ltd v Wileman, the EAT held that where an employee is summarily dismissed for gross misconduct, the employee’s statutory notice entitlement should not be added for the purpose of calculating an employee’s length of continuous service. The Claimant started her employment with the Respondent as a recruitment consultant on 22nd September […]

1 July 2018

The issue of Caste is incredibly complex and one that is difficult to define due to conflicting opinions as to its origin and its links to religion. In the most general sense, Caste systems typically divide people into a social hierarchy which is fixed from birth. Many of those assigned to a Caste have faced […]

1 July 2018

The Court of Appeal held in Royal Mencap Society v Blake, that care workers who were required to sleep at, or near, their workplace, and be available to work if required, were not actually working and were instead only available for work. Therefore, the workers were not entitled to be paid the National Minimum Wage […]

28 June 2018

Nothing can lift your mood like glorious sunshine. Except perhaps when you’re stuck in a hot office or factory on a boiling hot day. So, what does the law say on workplace temperature? Is there such a thing as it being ‘too hot to work’? Can staff wear what they want on hot days to […]

27 June 2018

Our experienced HR and Employment team can provide practical and straightforward training on a wide range of topics that are relevant to your business and staff. These training sessions are intended to be held in private with only people from your organisation present, allowing you to talk freely about issues affecting your business.  This can […]

21 June 2018

In light of the news that Barclays Bank has announced 200 job losses in Cardiff, our Employment Team has considered some of the frequently asked questions regarding large-scale redundancies. What is a collective redundancy? A collective redundancy is when an employer proposes to make 20 or more employees redundant within 90 days. What are the […]

15 June 2018

It is every girl’s dream to own a pair of Louboutin’s. However over recent months, for eminent shoe designer Christian Louboutin, the instantly recognisable design has been the subject of his worst nightmares. The iconic shoe design features a shiny red sole, which has grown to become the brand’s signature. Christian Louboutin created his first […]

15 June 2018

Berry Smith’s Commercial Property team has again been shortlisted for Property Law Firm of the Year at the Insider Wales Property Awards which are being held on Thursday 28th June at Cardiff City Hall. The Commercial Property team is led by partners Martin Pursall and Chris Jones plus consultant Roger Berry, all of whom are […]

13 June 2018

Q – I want to get divorced and don’t fancy the thought of all the paperwork. Is it possible to get a divorce online? A – Yes, and no. The Government is currently piloting an online system that allows anyone wishing to file for divorce/dissolution of a civil partnership to do so online. This system […]