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Spring 2023 Budget: Get back to work!
There was a definite theme running through the employment proposals announced in the Spring 2023 Budget: ‘Get back to work’!
Announcements included:
Continue ReadingRamadan – considerations for employers
The Muslim holy month of Ramadan began on 22 March 2023 and will end 29 or 30 days later. During Ramadan, adult Muslims observe a fast between dawn and dusk. Exceptions are made for those who are pregnant, menstruating or in poor health.
Continue ReadingLess favourable treatment of part-time workers
Adrian Fryer
It is not easy to imagine that the grumblings of a group of judges about their pay and conditions could be of wider relevance to other employers, but the recent case of Ministry of Justice v Dodds is an exception.
Continue ReadingMitigation of Loss in Unfair Dismissal cases
Adrian Fryer
Compensation for unfair dismissal normally includes loss of earnings flowing from the dismissal. When looking at this, Employment Tribunals will consider whether the employee has taken reasonable steps to mitigate their loss of earnings. A recent Employment Appeal Tribunal decision provides a helpful reminder to employers of the test that Tribunals will apply.
Continue ReadingA sensible limit on implied terms
Adrian Fryer
Credit Suisse have been in the news for all the wrong reasons over the last few weeks after financial woes led to a last-ditch merger with UBS. However, the Court of Appeal did deliver them some good news in the form of their judgment in the case of Benyatov v Credit Suisse (Securities) Europe Limited.
Continue ReadingTee-ing off at 10am? – remote working and the rise in demand for daytime leisure activities
Adrian Fryer
And finally, the New York Times has reported on an indirect economic benefit being felt in the USA as it embraces a post-COVID remote working culture: a surge in demand for daytime cosmetics, pampering and leisure services.
The report cites examples of 55 people playing golf at Chelsea Pier before 4pm on a Monday afternoon and customers holding zoom meetings whilst having their hair done.
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Laura McMorland
Partner
Laura joined Bermans in March 2023 and is a Partner in the Corporate team based in our Manchester office.
She obtained a degree in law at the University of Aberdeen and qualified as a solicitor in 2008. Laura has extensive corporate finance experience having worked previously in the corporate finance departments of two large Scottish law firms.
Laura’s most recent experience in-house in a head of legal transactions role means that she has experience of being in a client’s shoes and understands what a client is looking for from its legal advisors.
Laura specialises in mergers and acquisitions, private equity, reorganisations and general company law matters, with experience acting for companies, shareholders and private equity institutions.
Email: laura.mcmorland@bermans.co.uk
Tel: 0161 827 4608
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Asset Finance: Consumer Duty Countdown
The announcement by the FCA in late July last year of its final decisions on implementing the new Consumer Duty has led to a range of responses within the leasing and consumer credit industries.
The aim of the FCA is said to be to fundamentally improve how regulated firms serve consumers, by setting higher and clearer standards of consumer protection across financial services and explicitly requiring regulated firms to put their customers’ needs first.
Continue ReadingAsset Finance: Foreign assets traced in the Arena fraud
Asset financiers have not had much comfort from the sorry tale of the Arena TV fraud, but we did notice with interest a passage in a recent judgment against the main perpetrator individuals behind the fraud which illustrates the principle that in certain circumstances victims of fraud can trace assets such as foreign property which the fraudsters have obtained with the proceeds of the fraud.
Continue ReadingAsset Finance: HM Treasury consults on reform of Consumer Credit Act
On 9 December 2022 HM Treasury published a consultation paper on reform of the Consumer Credit Act 1974 (“CCA”).
The Government announced its intention to reform the CCA in June 2022, with the ambition of moving most of the CCA from statute to FCA rules. Given the scale and complexity of this work, it is expected to take a number of years. The consultation paper is the first step in this process. In it, HM Treasury seeks views on the objectives, principles and overall direction of the proposed reform.
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