Adrian Fryer
Acas has published new guidance for employers on using the right to suspend as part of a disciplinary process. Suspension is often touted as a neutral act – to maintain the status quo during an investigation and protect evidence, witnesses, and the business.
However, it can feel anything but neutral to the suspended employee who may be entirely innocent of the allegations raised against them.
Continue ReadingAdrian Fryer
Most employers will have experienced an employee who suffers badly with a bout of Covid, and which then develops into post-Covid-19 syndrome, or ‘long Covid’.
An employment tribunal has looked at a case where an employee tried to bring a discrimination claim linked to her long-Covid, in relation to a dismissal which took place only a couple of weeks after her initial Covid infection.
Continue ReadingAdrian Fryer
Bill Shankly, the first great manager of Liverpool FC, is quoted as saying: ‘Some people believe football is a matter of life and death, I am very disappointed with that attitude. I can assure you it is much, much more important than that.’ Anyone with a season ticket, or who is related to someone with a season ticket, will appreciate that sentiment. Football fandom can seem like a pretty strong and forceful belief when viewed from the outside, especially on match days. But is supporting a football team a philosophical belief, on a par with other religious and philosophical beliefs, which attracts protection from discrimination under the Equality Act 2010? Not according to the employment tribunal at a preliminary hearing in McClung v Doosan Babcock.
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Palma Percze
When businesses enter into contracts with one another, it is common for them to want their own terms and conditions (Ts&Cs) to apply to the contract. However, whether these have been successfully implemented into the contract often does not seem to be of concern to the parties until a dispute presents itself. Having the Ts&Cs adequately incorporated is especially important since it is common practice for businesses to conduct their dealings through contractual documents such as purchase orders and invoices rather than having an actual written contract in place. By not having a signed contract in place, the parties open up themselves to scrutiny over which party’s Ts&Cs are to prevail in case of a dispute.
Continue ReadingIntellectual property (IP) covers ‘creations of the mind’ which can include inventions, designs, symbols and names and logos used in business. It is protected by law (copyright, trademarks, and various other forms), allowing people to earn recognition and/or money from what they create. Like other property, IP can be bought, sold, or licensed. There are different types of intellectual property rights including:
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In May 2021, the white paper, ‘Scaling Up Institutional Investment For Place-Based Impact’ (the “White Paper”) was published by The Good Economy, Impact Investing Institution and Pensions for Purpose. The White Paper outlined how a ‘place-based’ approach of investing (as already favoured by public and social investors), could be extended to institutional investors who currently invest in mainstream global capital markets. The focus of the research was on investments made by Local Government Pension Schemes (“LGPS”), which have assets with a combined value of £326 million, and how the funds could be used to develop explicit place-based strategies while creating positive financial returns.
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You have – all things considered – enjoyed a fruitful trading relationship with a supplier or customer over many years, or at least you have assumed that to be the case.
Then things go sour. You locate your copy of the contract, only to find that it was made by your predecessor company, or the other party’s predecessor, or even both. The change(s) may have been due to a corporate reorganisation. In any case there is no evidence in writing of consent to the change, as required under the contract.
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Sophie Robertson
Sophie Robertson (pictured), qualified as a Solicitor in September 2019 and joined Bermans upon qualification as a Solicitor in the Employment team in Liverpool.
Continue ReadingSophie Robertson
The Women and Equalities Committee survey in 2021 found that that nearly a third of women (31%) had missed work because of menopausal symptoms.
According to the NHS, the menopause is “when a woman stops having periods and is no longer able to get pregnant naturally.”
Unfortunately for those affected several side effects can accompany the physical change, this can include hot flushes, fatigue, memory loss, difficulty in concentrating, headaches, night sweats, low mood/anxiety, and insomnia.
Continue ReadingThe Government has announced that it is committed to a long-term wholesale reform of the Consumer Credit regime.
Whilst welcoming this announcement, it is rather difficult to see how there was any alternative.
Much of the legislation and regulatory framework around Consumer Credit in the UK has intimate links with the European Consumer Credit regime, which goes some way to explaining the inordinate complexity of the current framework, which is comprised of numerous layers of primary and secondary legislation, including the Consumer Credit Act 1974 (“CCA”), detailed Regulations made under it and the FCA Handbook.
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