Do you use fixed term contracts? If you do, you might think that as long as you comply with the regulations which protect fixed term workers all will be fine. That’s not always the case, as the NHS Trust in Surrey found out.
Continue ReadingAre you ready for the new data protection regime? The Government has published research saying that fewer than 50% of businesses are aware of what they need to do to get ready for the new regime which comes into force on 25 May this year. The EU General Data Protection Regulation and the new Data Protection Act 2018 create a new set of data privacy rules which all businesses and employers must follow. Potential fines for a breach of the new rules are enormous and could in extreme cases amount to the higher of 4% of annual turnover or 20 million Euros.
Continue ReadingSometimes things don’t go well with an employee. They may not perform well, their behaviour may not be up to scratch or they may just not be a ‘fit’ for your business. If this happens, you may want to have a confidential discussion with the employee with a view to them leaving the business, without having to go through a formal performance management or disciplinary procedure. In exchange for them signing a settlement agreement waiving their rights to bring a claim against you, you may choose to offer them a sum of money.
Continue ReadingEmployees who are whistleblowers have protection from dismissal and detriment (being treated badly) because they blew that whistle on their employers. These so called ‘protected disclosures’ could be disclosures of information about a criminal offence, or breach of health and safety, or other legal obligations. An example of a detriment is refusing to promote someone because they blew the whistle on you.
Continue ReadingFor the first time in contested proceedings since the law came into force in 2011, a commercial organisation has been convicted of failing to prevent bribery under section 7 of the Bribery Act 2010.
Continue ReadingIf you think that your employees are stealing from you, you can install a hidden camera to catch them, can’t you?
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On Monday 12th March 2018, Bermans (Manchester) will be moving offices from Cardinal House, 20 St. Mary’s Parsonage, to the following address:
Third Floor
One King Street
Manchester
M2 6AW
We kindly ask you to update your records to reflect this change.
Please note, our telephone numbers and email addresses will remain the same.
Continue ReadingAn employee who refused to do work after suffering a discriminatory demotion has lost his court case. Mr Rochford was Senior Vice President of a WNS Global Services. He was off work for a year with a back condition (which was a disability). He eventually returned to work on full pay. However, his employer refused to allow him to do his full role or say when he could go back to full duties. Instead they gave him fewer duties, but on the same pay. This demotion related to his disability and therefore amounted to disability discrimination. As a result, he refused to do any work at all and was eventually dismissed for misconduct.
Continue ReadingWe recently prepared for trial a Funder’s defence to a claim which raised a number of difficult issues in relation to the annual statements required for a fixed sum credit agreement regulated by the Consumer Credit Act 1974 (“CCA”). In the event the matter settled before trial but a number of interesting points arose and are worth considering.
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The rules regarding stamp duty land tax (‘SDLT’) have recently been updated, for the third time in two years. Bermans has previously looked at the impact of the introduction of SDLT higher rates, which came into force on 1 April 2016, in two articles which can be found here and here. These articles also provide clarification as to when a purchase may be exempt from higher rates.
This article, however, focuses on the recent changes arising under the 2017 autumn budget, as well as the newly introduced Land Transaction Tax (‘LTT’), payable on the purchase price of properties in Wales from 1 April 2018.
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