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Employment Law: Unfair dismissal
Proselytising is where someone preaches about religion with a view to converting other people to that religion. The Court of Appeal has recently examined when a dismissal for proselytising can be fair.
Employment Law: Parental leave
The Court of Appeal has decided that it is not discriminatory for an employer to pay men on shared parental leave less than birth mothers on statutory maternity leave. The Court of Appeal looked at the issue in a series of joined cases, including Hextall v Chief Constable of Leicestershire Police. In all the cases, men claimed direct or indirect discrimination for being paid less for shared parental leave than a woman on maternity leave.
Do you need a ‘Company Will’?
If you are a business owner, in business with one or more partners, have you taken time to consider what might happen to the business if you, or one of them, were suddenly not around or capable of taking part?
Continue ReadingInvoice Financiers and the Financial Ombudsman Service
On 1 April 2019 the jurisdiction of the Financial Ombudsman Service (“FOS”) was extended to include additional categories of eligible complainants such as more SMEs and individual guarantors of loans. The FCA has also indicated that it intends to increase the limit of an award which can be made by the FOS under its compulsory jurisdiction scheme from £150,000 to £350,000, probably sometime later in 2019.
Continue ReadingFunding Credit hire and Credit repair
The Credit hire and credit repair industries and ancillary services provided to claimants in “no fault” accidents have traditionally been regarded as challenging sources of business for invoice financiers, but there are signs that financiers are becoming more comfortable with the risks involved.
It is fair to say that these industries have over recent years been subject to a number of measures by the Government in attempts to reduce overall insurance premiums, but they continue to display a sense of innovation.
Continue ReadingFraudulent Director Disqualified for 7 years
Invoice financiers may take some comfort from a recent press release from the Insolvency Service which is worth setting out in full:
Continue ReadingCredit Protection Revisited
The recent decision by one of the main bank owned invoice financiers to withdraw from the provision of credit protection has highlighted a continuing debate within the industry on issues arising from the interface between bad debt protection on the one hand and the provision of insurance on the other hand.
It is now widely understood within the industry that the provision of insurance is a regulated activity under the Financial Services and Markets Act 2000 (“FSMA”) which requires providers to be authorised and regulated by the Financial Conduct Authority.
Continue ReadingManaging cashflow and risk, coping with uncertain times
There are various ways in which a business can protect its business interests whether that is profit or cashflow. Many will look first at the internal workings of the business to make savings and some may never look at their other options with external parties. Having in place contractual provisions which assist you in that regard are often overlooked. The aim of this article is to provide some ideas on how a business can protect itself in these uncertain times.
Continue ReadingPraesidium HR Online Relaunch
Ever-changing employment law is a major feature of modern business life and failing to properly manage these vital issues can seriously damage your businesses finances and reputation.
To help you stay informed and protected in every area of your employment activity, Bermans are part of the Praesidium Employment Law Protection network.
Continue ReadingEmployment Law: Disability Discrimination
Discrimination arising from disability is where an employer treats an employee less favourably because of ‘something’ which results from their disability, and which can’t be justified. The Employment Appeal Tribunal has recently looked at whether it is discriminatory to discipline an employee for failing to follow an instruction they mistakenly think will exacerbate their disability.