Escalate, Bermans ground-breaking dispute resolution process for SMEs, was awarded the hotly contested ‘Legal Services Innovation Award’ at the prestigious British Legal Awards on Thursday 29th November 2018 – completing an unprecedented clean sweep of the major national legal awards during 2018.Continue Reading
As Brexit draws near, the question of how it will affect business and the need to know your contractual rights is ever more important.
Some questions you may ask yourself:
- What happens if the borders are clogged up and I cannot deliver or receive goods
- Who will be liable for tariffs in the event of a hard Brexit
- Should I look at amending existing contracts or terminating contracts with a view to issuing new contracts
- Will you have to register with a UK authority in place of an EU one?
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.Continue Reading
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”.Continue Reading
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.Continue Reading
A study by the University of the West of England argues that the working day is extended during commutes by advancements in technology. The study looked at 5,000 passengers commuting into London. Many employees were using their commuting time to send work emails from their phones and tablets.Continue Reading
Escalate, the ground-breaking dispute resolution process for SMEs, has won its third national award, completing a unique grand slam of major honours.
Escalate was awarded ‘Excellence in Business Development’ at the Law Society Excellence Awards on Wednesday 17th October.Continue Reading
Is it disability discrimination if an employer deals with an ill health retirement procedure badly? Not necessarily, the Court of Appeal has said. Mr Dunn was employed by the Ministry of Justice. He had depression and a serious heart condition. He applied for ill health early retirement. The process was handled badly and was unnecessarily bureaucratic. But was this poor treatment because of his disability (direct discrimination) or something arising in consequence of it (discrimination arising from disability)? The employment tribunal said yes, but the Employment Appeal Tribunal disagreed.Continue Reading
Are care workers who ‘sleep in’ at work entitled to the national minimum wage for the whole of their shift? In Mencap v Tomlinson-Blake, care workers had to spend the night at or near their place of work. They were expected to sleep for most of that period. They might be woken if their assistance was needed. Were they entitled to the minimum wage even when they were sleeping?Continue Reading