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Author Archive

Holiday pay

adrian_fryer

In 2017, in the case of King v Sash Windows, the CJEU established that a worker can carry over unlimited annual leave which they have been prevented from taking because the employer refuses to pay for it.  The CJEU said domestic time limits for bringing such a claim – for example, our 3-month time limit to bring an employment claim for unpaid holiday under the Working Time Regulations 1998 or unlawful deduction from wages – should not prevent workers from exercising important EU rights. In Smith v Pimlico Plumbers, the EAT has looked at whether a worker can carry forward holiday that he has taken, but not been paid for, to future years.

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Flexible working

adrian_fryer

The minister for Women and Equalities, Liz Truss, has asked employers to make flexible working a standard option for employees. She believes this step would boost both productivity and morale and improve employment prospects for women – who are twice as likely to work flexibly while they juggle childcare responsibilities – as well as those who don’t live close to big cities. The Government Equalities Office has published a report, ‘Encouraging employers to advertise jobs as flexible’, by the Behavioural Insights Team and the jobs website Indeed. The report said that job applications increase by 30 per cent when flexible working is offered.

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Performance monitoring

adrian_fryer

Remote working has hidden employees from sight, causing some employers to worry about what their staff are doing during working hours. The Guardian has reported that one of the world’s biggest call centre companies is planning to install surveillance systems to monitor what their staff are doing, whether that’s working, eating or going to the toilet. Teleperformance, which employs 380,000 staff in 34 countries, works for big names in Britain such as the government, NHS Digital, Vodafone, Aviva and the Guardian itself. The article says that there is nothing to suggest that these companies know about this surveillance plan and Teleperformance has now indicated that surveillance will not be rolled out in the UK. Teleperformance has said that the surveillance plans evolved from employees saying that they felt isolated while working at home.

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Super Player, Super Agent?

A report in the media recently suggested that Raheem Sterling was to set up his own football agency[1]. This article looks at whether that is possible and some alternative explanations.

Firstly, there is no obligation for a footballer to retain the services of an FA Registered Intermediary (commonly referred to as agents, which is the term utilised in this article), as the player is perfectly entitled to represent himself/herself to negotiate a contract with a club.

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AstraZeneca contract with EU

The EU have published a redacted version of the Advanced Purchase Agreement it entered into with AstraZeneca AB for the supply of Covid 19 vaccine. This article considers the terms of the redacted version of the Agreement in light of the claims made by the EU Commission, the threats made by the Commission and the actions taken by the Commission.

I am a commercial contracts lawyer of over 20 years’ experience who has worked on contracts in the bio medical and pharmaceutical sector, and on Government and EU supply contracts for much of that period.   I caveat the contents of this article on the basis that I am an English qualified lawyer and the Agreement is subject to the laws of Belgium.  As such, some of this article by necessity is approached from an English law perspective.

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Major changes to Planning ‘use classes’ system

Guy Pattison

In a bid to make it easier to repurpose town centres and high streets across England and Wales, the Government has made major changes to the ‘use classes’ that businesses must operate within for planning purposes.

New regulations came into force on 1st September 2020 which significantly amended the 1987 Town and Country Planning (Use Classes) Order. A number of classes have been abolished and moved into a more generic Class E.

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Big reforms announced for leasehold property laws

Claire Morris

In January 2021, the Ministry of Housing, Communities and Local Government unveiled sweeping changes that they plan to implement to the home ownership rules that, according to their press release will be part of “the biggest reforms to English property law for 40 years, fundamentally making home ownership fairer and more secure”.

Freehold or leasehold – what’s the difference?

Owners of flats and houses in England and Wales can either own the freehold which means they own the property and land it occupies or the leasehold which means they own the property and have a legal right to occupy the land but the land is owned by a third party. These reforms are aimed at leasehold property.

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Disputing a Will

Andrew Koffman

When Diego Maradona passed away in November 2020, speculation was rife in the press as to whether he had a valid Will and, if he did, whether it provided for all of his children with some newspapers reporting he had fathered eight children whereas others had the figure as high as 11!

While the Maradona situation is thankfully not commonplace, sorting out the estate of a loved one when they die can be a daunting task. If they had a Will in place that should make things easier but what if the Will doesn’t make adequate provision for all of the dependants or if you are concerned that the Will has not been interpreted correctly?

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