Keen readers of this newsletter will recall the discussion of Frischmann v Vaxeal Holdings SA [2023] EWHC 2698 (Ch) (Spring, 2024). To recap, Frischmann was a challenge to the assignment of rights under two loan agreements and a guarantee. This involved consideration of the requirements of a valid legal assignment (sometimes called a statutory assignment), i.e., one pursuant to section 136 of the Law of Property Act 1925 (“LPA 1925”). Among other things, s.136 requires the assignment to be in writing and “under the hand of the assignor” – in other words, signed by the assignor.
A business’s terms and conditions can be a life saver if care is taken when drafting them. Of the many points which ought to be considered, addressing the fixed recoverable costs (FRC) regime introduced in the courts recently should be high on the list.
Sophie joined Bermans in March 2025 as a Trainee Solicitor and is currently working in our Employment team in Liverpool.
She obtained a First Class Law Degree from the University of Liverpool before completing her LPC and LLM at the University of Law.
Sophie assists the team in representing SMEs and PLCs on both contentious and non-contentious employment matters. Her responsibilities include advising on disciplinary procedures, drafting employment contracts and Settlement Agreements, and representing clients in Employment Tribunals.
Outside of work, Sophie enjoys reading, travelling and long walks with her dog.
The Government has published its response to its recent consultation on modernising industrial relations. As a result, it plans to make several changes to the Employment Rights Bill (ERB) relating to trade unions.
The Government’s flagship Employment Rights Bill has, quite rightly, been the focus of employment law commentators since it was first announced last July. However, it wasn’t the only proposed employment legislation referenced in the King’s Speech. The Government also used the King’s Speech to announce its intention to bring forward the Equality (Race and Disability) Bill, introducing a requirement for large employers (those with 250 or more employees) to report on ethnicity and disability pay gaps. It has now launched a consultation seeking views on how it should be implemented.
The recent Court of Appeal judgment in Hewston v Ofsted serves as a reminder to employers of the importance of using policies to set clear workplace standards. It also shows that, if an act isn’t misconduct, an employer cannot throw other factors (such as reputational damage and a lack of ‘insight’) into the mix to bump it up. In this case, the Claimant, an experienced Ofsted inspector with a clean disciplinary record, was summarily dismissed after touching a pupil’s forehead and shoulder to remove rainwater.
Statutory Sick Pay (SSP) is the amount payable by employers when an employee is absent from work due to sickness. It is currently set at a flat rate of £118.75 (from 6th April 2025). There are certain eligibility requirements, including the fact that SSP is not currently payable during the first three days of absence, known as ‘waiting days’ and that those earning below the Lower Earnings Limit (LEL) – £125 per week – were not eligible.