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Client Focus Q&A: Professional Witnesses Ltd
We met up with Jennifer Rigby, Managing Director at Professional Witnesses Ltd (pictured left) for our latest client focus Q&A.
Author Archive
Employment Law: The Good Work Plan
Following the Taylor Review on Modern Working Practices, the government has proposed changes to employment law. The following changes will take effect from April 2020:
Guest article: Neil Inskip, BGF
Neil Inskip heads up BGF’s Manchester office which covers the North West region.
He is involved in all aspects of the investment process from origination through to completion and supports companies to achieve their growth targets up to exit.
He has led over a dozen investments at BGF across a range of sectors, such as Mission Mars and European Braking Solutions , and currently sits on the board of several investee companies, including: Sentric Music, NSS Group and Hobs Group. We spoke to him about what BGF look for in a business and how they can help them develop and grow.
Continue ReadingStamp Duty Land Tax (SDLT) Changes Proposed for non-UK Residents
On the 6 May 2019, a 12 week consultation by the Government on proposed changes to Stamp Duty Land Tax (SDLT) rates for non-UK residents will come to an end.
This is the Government’s latest scheme to assist people to get on the property ladder. Their main focus is on building more homes but, as this takes time, they are looking at solutions that will have a more immediate effect.
The changes were initially proposed by Theresa May back in Autumn 2018, citing evidence that the purchase of property in England and Northern Ireland by non-UK residents was pushing up house prices for UK residents. At that stage the Government mooted introducing an additional surcharge on properties bought by non-UK residents of either 1% or 3%.
Continue ReadingRights of Subcontractors
The rush hour commute into Manchester City Centre ground to a halt one morning last month as a disgruntled subcontractor chose to block one of the key routes with plant hire vehicles. The protest was against of non-payment by Dawnus Construction, the main contractor appointed by Manchester City Council to carry of a £15 million road improvement scheme in Manchester and Salford.
The subcontractor, Total Plant Hire (TPL), had supplied plant and machinery to Dawnus for the scheme. When Dawnus failed to pay under the terms of the contract and TPL couldn’t get through to anyone at Dawnus or the Council it took drastic action. Sadly the action was in vain as Dawnus entered Administration that same week. TPL was said to be owed £300,000 by Dawnus. So what can TPL do to recover its money?
Continue ReadingNon-Disclosure Agreements and Employment Contracts
The recent high-profile case against Harvey Weinstein and the treatment of the hostesses at the Presidents Club Dinner have shone a spotlight on the use of non-disclosure agreements in employment contracts and this has led to the Government taking a closer look at them.
Employment Law: Maternity discrimination
An employer discriminates against a woman if they treat her unfavourably because she is taking maternity leave. In SW Yorkshire NHS Trust v Jackson, the employee was on maternity leave when redundancies were announced. She attended a consultation meeting and was put at risk of redundancy. Redeployment information was sent to her work email account which she was not accessing while on maternity leave. She found out about the email, contacted the employer and got the relevant redeployment forms anyway. In reality, she was not disadvantaged by the short delay but she was concerned by it.
Employment Law: Final written warnings
An employee can be fairly dismissed for misconduct (rather than gross misconduct) if they already have a final written warning in place. In Beattie v Condorrat, the Employment Appeal Tribunal considered whether a final written warning could be valid if it was given without conducting a full investigation.
Employment Law: Changes to online ‘right to work’ checks
The government has made changes to the Right to Work Checking Service, which enables UK employers to check whether individuals are subject to any restrictions. From 28 January 2019, an employer will be able to rely solely on the online checks, provided the prospective employee can use the service. For employees who are non-EEA residents but have biometric residence permits or cards, and EEA nationals who have been granted status under the EU Settlement Scheme, the online checks will be enough. No additional paper documents are needed. The employer needs to check that the online photograph matches the employee and should keep a copy of the online check for at least two years after employment ends. If the person is a student, the employer must also keep records of the course’s term and vacation dates.
Employment Law: Constructive dismissal
In order to suspend an employee fairly, an employer must have reasonable and proper cause for doing so. If not, suspension could breach the implied term of mutual trust and confidence and create a constructive dismissal. In London Borough of Lambeth v Agoreyo, the Court of Appeal looked at the decision to suspend a teacher and whether it resulted in the employee being constructively dismissed.