News

28 September 2023

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

28 September 2023

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

28 September 2023

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

21 September 2023

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

31 August 2023

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

31 August 2023

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

22 August 2023

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

18 August 2023

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

17 August 2023

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

15 August 2023

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

8 August 2023

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

2 August 2023

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

2 August 2023

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

25 July 2023

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

5 July 2023

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

27 June 2023

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

14 June 2023

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

13 June 2023

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

6 June 2023

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

2 June 2023

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

30 May 2023

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

30 May 2023

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

30 May 2023

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

24 May 2023

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

23 May 2023

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

18 May 2023

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

17 May 2023

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

16 May 2023

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

11 May 2023

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

9 May 2023

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

19 April 2023

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

3 April 2023

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

3 April 2023

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

3 April 2023

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

3 April 2023

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

22 March 2023

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

21 March 2023

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

17 March 2023

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

16 March 2023

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

7 March 2023

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

7 March 2023

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

7 March 2023

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

1 March 2023

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

22 February 2023

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

16 February 2023

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

14 February 2023

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

7 February 2023

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

1 February 2023

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

31 January 2023

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

31 January 2023

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