Is an employer responsible for the actions of an employee who has ‘gone rogue’ and deliberately posted sensitive employee data online? Yes, the Court of Appeal has said in Morrisons v Various Claimants. Mr Skelton was an internal auditor at Morrisons. He had been recently disciplined and held a grudge against the company. He took sensitive personal data relating to thousands of employees and posted it online. He then told newspapers it was there. The data included names, bank details and salary information.
Traditionally, the most common way to pass down family wealth has been by way of discretionary trust structures. However, recent changes to the tax regime now mean that family investment companies (FICs) could offer more favourable tax treatments when deciding how to deal with future generations – particularly for individuals with large inheritance tax (IHT) estates.
The holiday season might have ended, but holiday pay remains a hot topic. In Flowers v East of England Ambulance Trust, the Employment Appeal Tribunal looked at whether voluntary overtime should be included in holiday pay. Employees should be paid their ‘normal remuneration’ when they take holiday. But is voluntary overtime ‘normal’ pay?
Mr Tabberer and his colleagues were electricians. They were originally employed by Birmingham City Council. Their employment transferred several times by way of TUPE (Transfer of Undertakings (Protection of Employment) Regulations 2006) over the years. At the time of the tribunal claims, they were employed by Mears. The employees were contractually entitled to receive an Electricians’ Travel Time Allowance, though the historical reasons for the allowance no longer existed. Mears varied the employees’ contracts to remove the allowance, saying it was outdated.
This includes taking instructions, preparing and issuing letter by 1st Class post.
The debtor will be advised to send any payments and communication to you directly.
Should you require us to enter into discussion or correspond with the debtor this would be carried out at a standard additional fixed fee of £30.00+VAT per item.
A fee of £10.00+VAT is chargeable for transferring each debtor payment received by us to you.
Stage 2 – Issue of Claim
*Both the Court fee and part of Bermans fee (as shown in brackets) are recoverable if successful
Should the debtor file a defence then this will be referred to one of our lawyers who will advise you accordingly. Any work carried out at this point will be chargeable at an hourly rate, as detailed later in this document.
Stage 3 – Obtain Judgment
*Part of Bermans fee (as shown in brackets) is recoverable if successful
The £ value range given above is dependent on the type of Judgment being requested:
In default of Acknowledgement of Service
In default of Defence
On Admission and acceptance of offer
On Admission and rejection of offer
Stage 4 – Enforcement
Writ of Control (enforcement via HCEO)
*Both the Court fee and part of Bermans fee (as shown in brackets) are recoverable if successful
Should enforcement be unsuccessful the HCEO will charge an abortive fee of £75.00+VAT.
Costings for other forms of Enforcement are available on request (as below):
The Government recently announced that it does not intend to legislate to implement the September 2016 Law Commission proposals to modernise the archaic Bills of Sale regime:
“Given the concerns that were raised in the consultation, the small and reducing market and the wider work on high-cost credit, the government will not introduce legislation at this point in time. The government will continue to work with the FCA as they carry out their high-cost credit review, and then further consider government action on alternatives to high-cost credit in light of the FCA’s review”.
The Law Commission is reviewing the difficult subject of the electronic execution of documents, and in particular deeds.
In principle all legal documents should be capable of electronic execution, but some doubt remains about the position regarding deeds in view of the statutory requirement for deeds to be witnessed.
It has been almost 6 months since the GDPR regime came into effect, and early signs would suggest that the invoice finance industry has adapted well to the new requirements.
As expected there was something of a last-minute rush to ensure compliance, but fears were perhaps eased by helpful comments from the Information Commissioner such as she made on BBC Radio 4’s Today programme on 25 May 2018:
“We are not looking for perfection. We do not have thousands of inspectors going out and checking people’s homework. What we do have are millions of people that have new rights and they can make a complaint against a company to our office”.
As long ago as late 2014 the Government indicated its intention to outlaw prohibitions of assignment in commercial contracts in an attempt to support the invoice finance industry as a key provider of alternative finance to UK SMEs.