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Secret recordings in the workplace

adrian_fryerIn unfair dismissal cases, both the compensatory and basic awards can be reduced by the tribunal, potentially to zero, based on the employee’s conduct before dismissal. Secret recordings of meetings by an employee can be admissible evidence in cases if the tribunal thinks it is relevant. However, secretly recording a meeting might amount to misconduct, depending on the employer’s rules.

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Harassment in the workplace

adrian_fryerHarassment has been in the legal news again this month.

Anthony harasses Belinda if he does something in relation to a protected characteristic (race, sex etc) which has the purpose or effect of violating Belinda’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for her. The connection between the protected characteristic and the conduct is key. The burden of proof – who must prove what – is important in discrimination cases too. If an employee can prove facts from which, in the absence of another explanation, a tribunal could conclude harassment has occurred, then the burden of proof shifts to the employer to show that it did not happen. The Employment Appeal Tribunal (EAT) has looked at both these issues in Raj v Capita Business Services.

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Standstill Agreements

david-tournafond-1When is it okay to be out of time?

It is not unusual for parties and their legal advisers to agree, despite time limits set out in legislation, to disregard these time limits to give them an opportunity to try and agree their dispute without court proceedings. If they manage to do so they save significant sums on court fees and other associated costs of bringing the claim. If they don’t settle their dispute, they still have the option to pursue their claim, even if the time limits set out in the legislation has expired. Such agreements are referred to as ‘Standstill Agreements’.

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Is the blockchain compatible with the GDPR?

rob-eakins-headshotIn recent years, two popular topics of conversation have been the General Data Protection Regulation (GDPR) and the blockchain. The GDPR is legislation which provides new protection for individuals in relation to their personal data. The blockchain is a variant of distributed ledger technology, which some people believe will create new business models, cut costs, and provide new ways of verifying identity.

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Will I get my costs back? Update

andrew-koffmanWe shared this article in February 2017 and then this article in July 2017, which explained the current rules on recovery of costs by the winner of a court action from the loser. It had been proposed to introduce a “fixed recoverable costs” regime for business and other civil disputes, similar to the one for minor personal injury claims.

Two years on, what if anything has changed?

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Unsafe cladding concerns for apartment leaseholders and freeholders

andrew-koffmanThe Grenfell Tower fire in 2017 left 72 people dead, many injured and hundreds homeless and shone a spotlight on the construction of high-rise apartments. It was quickly concluded that the Aluminium Composite Material (ACM), that was used to clad the building, was the reason why the fire spread so rapidly and extensively.

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Bermans sponsors Blockchain Meetup

On Tuesday 3 September, Bermans sponsored the latest Blockchain Manchester Meetup, hosted by our friends at BlockRocket.

Our Head of Corporate, Jon Davage, was there to give the audience a brief introduction to the services Bermans offers to entrepreneurs in the tech sector. Also present was Rob Eakins from our Commercial and IP team, who has been a regular attendee at these blockchain meetups.

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Bermans advise Administrators of Bolton Whites Hotel Limited

The Manchester insolvency team at Bermans advised Andy Hosking, Sean Bucknell and Michael Kiely of Quantuma LLP as Administrators of Bolton Whites Hotel Limited.

The Hotel was a subsidiary of Bolton Wanderers Football Club and operated a 125 bed, 4- star hotel, from premises in the South Stand of Bolton’s Stadium. It provided conference, banqueting and leisure facilities and match day hospitality for the football club from a number of function suites and hospitality areas around the stadium.

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Will I get my costs back? Update

andrew-koffmanIn February 2017 we shared this article and in July 2017 we shared this article, which explained the current rules on recovery of costs by the winner of a court action from the loser. It had been proposed to introduce a “fixed recoverable costs” regime for business and other civil disputes, similar to the one for minor personal injury claims.

Two years on, what if anything has changed?

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