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Fee Earner Q&A with Nathan Hughes
Nathan Hughes joined Bermans in 2022 and is a Solicitor in our Corporate team based in Manchester. We spoke to him recently to learn more about him and his work.
Author Archive
Will I still get my costs back if I win? – Fixed costs, 2 years on
Andrew Koffman
This is the latest in a series of articles on the “fixed recoverable costs” regime introduced in the civil courts in October 2023. The most recent articles before this one can be found here:
Continue ReadingDo I have to take my dispute to mediation?
Andrew Koffman
In an article in December 2023 we reported on the Court of Appeal’s decision which, for the first time, gave the courts the power to compel parties to mediate.
Court of Appeal backs compulsory alternative dispute resolution (ADR) | Bermans
There have been further developments since then. In October 2024, changes to the court rules (CPR) were made to give the court the specific power to order the parties to take part in alternative dispute resolution (ADR) such as mediation.
Continue Reading3 Key Employment Law Updates from the Proposed Employment Rights Bill
Adrian Fryer
The UK’s employment landscape is undergoing a significant shift, with the proposed Employment Rights Bill introducing sweeping reforms that could redefine workplace rights and responsibilities. This article summarises 3 key updates every employer and employee should know.
Continue ReadingGovernment makes changes to its proposed ‘ban’ on Fire and Rehire under the Employment Rights Bill
Adrian Fryer
The Employment Rights Bill makes major strides towards ending ‘fire and rehire’. That’s the strategy where an employer, unable to secure agreement to new contract terms, dismisses staff and then offers to rehire them on the revised terms (or hires new people on those terms instead).
Continue ReadingThe net is tightening on NDAs: new restrictions in force from 1st October 2025
Adrian Fryer
Non-disclosure agreements (NDAs) are legal contracts or provisions of legal contracts that place confidentiality requirements on another in respect of certain information, usually for something of value or payment. They are sometimes referred to as ‘gagging clauses’. In an employment context, they are often used to maintain the confidentiality of settlement terms (or the events leading up to such terms being agreed). The use of NDAs has come under increasing scrutiny in recent years, with the #MeToo movement and high-profile examples (such as Mohamed Al Fayed and Harrods) of them being used to cover-up misconduct. With their use being restricted in new areas with effect from 1st October 2025, we summarise the current legal position regarding NDAs, and where it is headed.
Continue ReadingEmployer liability for acts of harassment: what HR need to know
Adrian Fryer
Acts of harassment are generally committed by individuals, not corporate entities. How is it, then, that businesses can be liable for the harassing acts of their employees? The answer lies in the concept of ‘vicarious liability’. Through the concept of vicarious liability, businesses are held liable for any acts of harassment by employees committed ‘in the course of employment’.
Continue ReadingInterviewer who appointed employee to role because she ‘vibed’ with her did not discriminate against the unsuccessful applicant
Adrian Fryer
In the recent employment tribunal case of Kalina v Digitas LBI Ltd, two applicants were interviewed for a role. Both were found, following a competency-based assessment, to be appointable. The successful candidate was chosen, in large part, because she was considered to be the ‘best fit’ for the team. The interviewer noted that she had ‘vibed’ with her at interview. The unsuccessful candidate alleged that this way of choosing which person to appoint was discriminatory on grounds of race and disability. Allegations included:
Continue ReadingTop tips for Probationary Periods
Adrian Fryer
A probationary period is a trial phase at the start of a new employment relationship, during which both the employer and the employee assess the suitability of the role. They are usually three to six months in duration. They are a useful tool for employers if used effectively. Here are our top tips:
Continue ReadingRedundancy and alternative employment
Adrian Fryer
Redundancy is one of the five ‘potentially fair reasons’ for dismissal recognised in UK law. However, to convert a ‘potentially fair’ redundancy into a ‘fair’ one, employers must be able to show that the situation was a genuine redundancy and that a fair process of selection and consultation was followed. One of the key requirements for fairness is that the possibility of alternative employment has been considered. There are two different concepts which are relevant to redundancy, and both must be taken into account by employers:
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