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# Bermans

Full service Commercial law

## Sitemaps

- [XML Sitemap](https://www.bermans.co.uk/sitemap.xml): Contains all public & indexable URLs for this website.

## Posts

- [Justifying indirect discrimination: lessons from Dobson v North Cumbria Integrated Care NHS Foundation Trust](https://www.bermans.co.uk/justifying-indirect-discrimination-lessons-from-dobson-v-north-cumbria-integrated-care-nhs-foundation-trust/) - The Equality Act 2010 is the primary legislative framework covering discrimination in employment. In terms of the protected characteristic of sex, several different forms of discrimination are recognised
- [When is expressing a view a manifestation of a protected belief?](https://www.bermans.co.uk/when-is-expressing-a-view-a-manifestation-of-a-protected-belief/) - The law on religion and belief discrimination protects employees not only from less favourable treatment because of a protected belief itself, but also because of the manifestation of that belief
- [Bonus schemes: Why HR can't move the goalposts after the event](https://www.bermans.co.uk/bonus-schemes-why-hr-cant-move-the-goalposts-after-the-event/) - A recent Employment Appeal Tribunal decision serves as a useful reminder that even discretionary bonus arrangements can create enforceable contractual rights once discretion has been exercised.
- [Electronic and workplace balloting: what employers need to know](https://www.bermans.co.uk/electronic-and-workplace-balloting-what-employers-need-to-know/) - The Government has published its response to consultation on electronic and workplace balloting for statutory trade union ballots, alongside a draft Code of Practice
- [Carers' rights in the spotlight](https://www.bermans.co.uk/carers-rights-in-the-spotlight/) - The government has launched a consultation on strengthening employment rights for unpaid carers and parents of seriously ill children
- [Wrongful dismissal: why the circumstances behind misconduct can matter](https://www.bermans.co.uk/wrongful-dismissal-why-the-circumstances-behind-misconduct-can-matter/) - Most HR professionals will be familiar with unfair dismissal claims, but wrongful dismissal is a different type of claim altogether.
- [Disability discrimination: when an employer may know more than it thinks](https://www.bermans.co.uk/disability-discrimination-when-an-employer-may-know-more-than-it-thinks/) - A recent Employment Appeal Tribunal decision provides a useful reminder that employers cannot always rely on the absence of a formal occupational health opinion when assessing whether an employee is disabled under the Equality Act 2010
- [Data Protection complaints: new employer obligations now in force](https://www.bermans.co.uk/data-protection-complaints-new-employer-obligations-now-in-force/) - On 19 June 2026, a significant change to UK data protection law came into force
- [Digital payslips and the right to an itemised pay statement: what HR needs to know](https://www.bermans.co.uk/digital-payslips-and-the-right-to-an-itemised-pay-statement-what-hr-needs-to-know/) - A recent Employment Appeal Tribunal (EAT) decision provides useful guidance for employers that have moved to digital-only payslips.
- [Can AI Win Court Cases? What Employers Need to Know About Garfield AI’s Legal Success](https://www.bermans.co.uk/can-ai-win-court-cases-what-employers-need-to-know-about-garfield-ais-legal-success/) - AI has chalked up what is being described as its first court victory – but before the robots start demanding silk gowns and chambers, it's worth looking a little closer
- [Sophie Robertson](https://www.bermans.co.uk/sophie-robertson/) - Sophie joined Bermans in 2019 and is a Senior Associate in our Liverpool Employment team.
- [Bermans bolsters litigation team with senior hire](https://www.bermans.co.uk/bermans-bolsters-litigation-team-with-senior-hire/) - North west law firm Bermans has strengthened its litigation team with the appointment of James Thornton as a senior associate
- [Inheritance Tax (IHT) and Pensions - The “Safe Haven” is about to Disappear](https://www.bermans.co.uk/inheritance-tax-iht-and-pensions-the-safe-haven-is-about-to-disappear/) - For many years, pensions have been one of the most effective tools for IHT planning, allowing individual (particularly business owners and senior professionals) to pass on substantial wealth outside of their taxable estate.
- [Fee Earner Q&A with Chris Brain](https://www.bermans.co.uk/fee-earner-qa-with-chris-brain/) - Chris Brain (pictured), joined Bermans in September 2020 and is a Solicitor in our Insolvency team. We spoke to him to learn more about him and his work.
- [Robert Baker](https://www.bermans.co.uk/robert-baker/) - Robert joined Bermans in March 2026 and is a Post‑Completions Paralegal in our Property team.
- [James Thornton](https://www.bermans.co.uk/james-thornton/) - James is a Senior Associate in our Litigation team and has extensive experience advising on all forms of commercial disputes including the niche area of carriage of goods
- [Arabella Pickering](https://www.bermans.co.uk/arabella-pickering/) - Arabella joined the firm as a Paralegal in January 2022 and is now a Trainee Solicitor in the Property Finance department.
- [Melanie Morris](https://www.bermans.co.uk/melanie-morris/) - Melanie heads up the firm’s Property Finance Department and specialises in all aspects of property finance, with particular expertise in acting for lenders on development and bridging transactions.
- [Emma Martin](https://www.bermans.co.uk/emma-martin/) - Emma joined Bermans as a Property Finance Paralegal in March 2025 and works with the Property Finance team on a wide range of property finance transactions, specialising in redemptions.
- [New Vacancy: Senior Employment Solicitor](https://www.bermans.co.uk/new-vacancy-senior-employment-solicitor/) - We have a new vacancy for a Senior Employment Solicitor, at Partner/Senior Associate level based in our Manchester office. The successful candidate will lead our Employment offering in Manchester, so will need to demonstrate an ability to attract and retain clients. Other important attributes include a network of business/professional contacts in the Manchester area in
- [Tanweer Ahmad](https://www.bermans.co.uk/tanweer-ahmad/) - Tanweer joined Bermans in May 2026 and is a Paralegal in our Asset Based Lending (ABL) Team. He works with clients in the asset finance, invoice finance and corporate finance sectors.
- [Uzezi Ossuetta](https://www.bermans.co.uk/uzezi-ossuetta/) - Uzezi joined Bermans in May 2026 and is a Trainee Solicitor in our Creditor Services team.
- [Mairead Ryan](https://www.bermans.co.uk/mairead-ryan/) - Mairead assists on a range of corporate matters, including company acquisitions and disposals, corporate reorganisations, and general company law and governance matters
- [Nathan Hughes](https://www.bermans.co.uk/nathan-hughes/) - Nathan Hughes joined Bermans in February 2022 and is an Associate in our Corporate and Commercial teams.
- [Bermans expands Manchester presence with city centre office move](https://www.bermans.co.uk/bermans-expands-manchester-presence-with-city-centre-office-move/) - Bermans has expanded its presence in Manchester with a move to a larger city centre office to accommodate its growing team.
- [Employment Rights Act 2025: The Latest Updates and What UK Employers Need to Do Now](https://www.bermans.co.uk/employment-rights-act-2025-the-latest-updates-and-what-uk-employers-need-to-do-now/) - The Employment Rights Act 2025 came into force on 18th December 2025 and marks a fundamental shift in UK employment law, introducing wide‑ranging reforms that significantly increase employer obligations while strengthening worker protections.
- [Danielle Davies](https://www.bermans.co.uk/danielle-davies/) - Danielle is a Senior Associate in our Property Finance Department, she acts on behalf of lenders in connection with the acquisition, refinance or development of property
- [Laura Bridson](https://www.bermans.co.uk/laura-bridson/) - Laura joined Bermans in September 2025 and is a Trainee Solicitor in our Insolvency and Litigation teams.
- [Bhajan Khalsa](https://www.bermans.co.uk/bhajan-khalsa/) - Bhajan Khalsa joined Bermans in October 2023 and is currently a Trainee Solicitor in our Corporate team based in Manchester.
- [Sarah Marten](https://www.bermans.co.uk/sarah-marten/) - Sarah joined Bermans in April 2026 and is a Solicitor in our Liverpool Employment team. She has extensive litigation experience acting for both Claimants and Respondents
- [Sophie Wilson](https://www.bermans.co.uk/sophie-wilson/) - Sophie joined Bermans in March 2025 as a Trainee Solicitor and is currently working in our Property team in Liverpool.
- [Jenny Chapman](https://www.bermans.co.uk/jenny-chapman/) - Jenny Chapman is a Solicitor in the Asset Based Lending team, based in Manchester.
- [Five ways the Data (Use and Access) Act 2025 will make things easier for businesses ](https://www.bermans.co.uk/five-ways-the-data-use-and-access-act-2025-will-make-things-easier-for-businesses/) - Changes have been made to the UK’s data protection regime through the introduction of the Data (Use and Access) Act 2025 (DUAA).
- [Sean Hughes’ Will Case Is No Joke](https://www.bermans.co.uk/sean-hughes-will-case-is-no-joke/) - Disputes over wills and estates are rarely straightforward, particularly where wording is unclear, assets are held through companies, or high-value legacies are involved
- [Jonathan Berkson](https://www.bermans.co.uk/jonathan-berkson/) - Jonathan is an award winning, experienced dispute resolver. He works with clients to resolve complex disputes in the most cost effective and commercial way.
- [Jack Daly](https://www.bermans.co.uk/jack-daly/) - Jack joined Bermans in September 2024 and is a Solicitor in our Litigation team based in Manchester.
- [Robin Hastings](https://www.bermans.co.uk/robin-hastings/) - Robin joined Bermans in December 2015 and became a Partner in the Corporate team in 2022.
- [Jon Davage](https://www.bermans.co.uk/jon-davage/) - Jon joined Bermans as a Corporate Partner in January 2012 having worked at SME focused law firms in Manchester since qualification.
- [Megan Boyle](https://www.bermans.co.uk/megan-boyle/) - Megan Boyle joined Bermans in February 2025 and is a Trainee Solicitor in our Insolvency team.
- [Usha Sharma](https://www.bermans.co.uk/usha-sharma/) - Usha qualified as a Solicitor in 2000 and joined Bermans in December 2024 as a Partner in our Commercial Property Team.
- [Fergal O'Cleirigh](https://www.bermans.co.uk/fergal-ocleirigh/) - Senior Partner – Head of Property and Construction. Fergal heads up the Property and Construction team in Bermans Liverpool and Manchester office.
- [Adrian Fryer](https://www.bermans.co.uk/adrian-fryer/) - Adrian Fryer qualified in 1997 and has specialised in employment law since then. He has a particular interest in TUPE, collective consultation issues and trade union recognition.
- [Alex Fryer](https://www.bermans.co.uk/alex-fryer/) - Alex joined Bermans in March 2024 and is a Paralegal in our Asset Based Lending team in Manchester.
- [Nikhil Mehan](https://www.bermans.co.uk/nikhil-mehan/) - Nikhil joined Bermans in October 2022 and is a Solicitor currently working in our Asset Based Lending Team. His areas of expertise includes assisting a broad array of lenders with their invoice finance, asset-based lending and general corporate finance deals.
- [Anita Jackson](https://www.bermans.co.uk/anita-jackson/) - Anita joined Bermans in 1987 and has over 25 year experience in the recoveries arena has a deep understanding of finance and asset based recoveries procedures.
- [Todd Gibson](https://www.bermans.co.uk/todd-gibson/) - Todd Gibson joined Bermans in May 2025 and is a Solicitor in our Asset Based Lending team.
- [Sean Quinn](https://www.bermans.co.uk/sean-quinn/) - Sean joined Bermans in September 2023 as a Trainee and having qualified in March 2025 is now a Solicitor working in our Asset Based Lending team.
- [Rachael Killworth](https://www.bermans.co.uk/rachael-killworth/) - Rachael is an Associate in our Asset Based Lending team in Manchester. She is experienced in general corporate finance, invoice finance, asset-based lending and asset finance.
- [Alissa Marsh](https://www.bermans.co.uk/alissa-marsh/) - Alissa is a Partner in our Asset Based Lending team, acting for both financial institutions as well as corporate borrower clients. Since joining Bermans in 2017, she has undertaken a broad range of banking and finance work including invoice finance, asset finance and general corporate finance.
- [Alex Chapman](https://www.bermans.co.uk/alex-chapman/) - Head of Invoice Finance. Alex Chapman is head of our Invoice Finance team in Liverpool and has been a partner at Bermans since 1994.
- [Gayle Dimelow](https://www.bermans.co.uk/gayle-dimelow/) - Gayle joined Bermans in August 2017 and is a Senior Litigation Manager in our Creditor Services team.
- [Andrew Power](https://www.bermans.co.uk/andrew-power/) - Andrew Power joined Bermans in May 2025 and is a Trainee Litigation Assistant in our Asset Based Lending Team in Liverpool.
- [Maggie Pass](https://www.bermans.co.uk/maggie-pass/) - Maggie joined Bermans in 2005 as an Office Junior and is now a Litigation Executive in our Creditor Services team.
- [John Dufton-Kelly](https://www.bermans.co.uk/john-dufton-kelly/) - John joined Bermans in November 2024 and is a Litigation Assistant in our Creditor Services team.
- [Freya Wright](https://www.bermans.co.uk/freya-wright/) - Freya joined Bermans in March 2024 and is a Solicitor in our Property team in Manchester.
- [Court of Appeal victory for Bermans’ client in lease guarantee dispute](https://www.bermans.co.uk/court-of-appeal-victory-for-bermans-client-in-lease-guarantee-dispute/) - Bermans has successfully acted for the Appellant in a significant Court of Appeal decision (Kiko UK Limited v Pianoforte Holdings SpA [2026] EWCA Civ 513) concerning the scope of a parent company guarantee under a lease of commercial property. The appeal reversed the High Court’s decision at the trial in June 2025. The dispute arose from a lease to the Appellant of flagship retail premises on Oxford Street. When assigning the lease to Jamino Limited, the Appellant was required to enter into an Authorised Guarantee Agreement (AGA)
- [‘Snakes and ladders’ risks increase for landlords as renters’ rights act shifts balance towards tenants](https://www.bermans.co.uk/snakes-and-ladders-risks-increase-for-landlords-as-renters-rights-act-shifts-balance-towards-tenants/) - The Act is being rolled out from May 1 and introduces the most significant reforms to tenancy law in decades.
- [What is the injury to feelings award and how is it calculated?](https://www.bermans.co.uk/what-is-the-injury-to-feelings-award-and-how-is-it-calculated/) - Where an employee is discriminated against by their employer in relation to a protected characteristic, they can bring a number of claims under the Equality Act 2010
- [Boris Becker is familiar with being in the spotlight for financial trouble](https://www.bermans.co.uk/boris-becker-is-familiar-with-being-in-the-spotlight-for-financial-trouble/) - Becker was declared bankrupt by the High Court following a petition from private bank Arbuthnot Latham presented against him on 28 April 2017 after Becker defaulted on loan repayments for a loan of circa £3.5m for a property in Mallorca.
- [New restrictions to company purchase of own shares](https://www.bermans.co.uk/new-restrictions-to-company-purchase-of-own-shares/) - In February 2022, the Chartered Institute of Taxation (“CIT”) received clarification from HMRC in relation to their position on legislation relating to a company’s purchase of own shares under section 1033 of the Corporation Tax Act 2010 (“CTA 2010”). In particular, HMRC have outlined their view on the word ‘possesses’ in section 1062(2) CTA 2010 in instances where the purchase has multiple completion dates.
- [Public interest test in whistleblowing should focus on the employee’s belief – and their belief may be separate and distinct from their motive for disclosure](https://www.bermans.co.uk/public-interest-test-in-whistleblowing-should-focus-on-the-employees-belief-and-their-belief-may-be-separate-and-distinct-from-their-motive-for-disclosure/) - Whistleblowers have protection from both detriment and unfair dismissal. However, the term ‘whistleblowing’ is often used colloquially to cover any disclosure of wrongdoing
- [Choosing and managing companions: rights, risks and practical judgment](https://www.bermans.co.uk/choosing-and-managing-companions-rights-risks-and-practical-judgment/) - Employees do not have a free choice of companion. Section 10 ERA 1999 limits the statutory right to...
- [Bad Faith Allegations – Navigating Victimisation and Whistleblowing Risks](https://www.bermans.co.uk/bad-faith-allegations-navigating-victimisation-and-whistleblowing-risks/) - Allegations made in bad faith present a particular legal challenge for employers
- [Up in Smoke: The Importance of Clear Vaping Policies in the Workplace](https://www.bermans.co.uk/up-in-smoke-the-importance-of-clear-vaping-policies-in-the-workplace/) - Sometimes the factual background to a tribunal claim sounds like it has come straight out of high school.
- [‘All reasonable steps’: about to become a new HR obsession?](https://www.bermans.co.uk/all-reasonable-steps-about-to-become-a-new-hr-obsession/) - The concept of ‘all reasonable steps’ is not a new one. In harassment cases under Equality Act 2010, employers are able to defend a claim for harassment on the basis that they took ‘all reasonable steps’ to prevent it
- [What happens to holiday entitlement when an employee is off sick?](https://www.bermans.co.uk/what-happens-to-holiday-entitlement-when-an-employee-is-off-sick/) - In most cases, employees continue to accrue statutory holiday entitlement while on sick leave, even if they are off work for long periods.
- [Dismissing for gross misconduct: lessons from Langton v Buckinghamshire Fire and Rescue](https://www.bermans.co.uk/dismissing-for-gross-misconduct-lessons-from-langton-v-buckinghamshire-fire-and-rescue/) - A recent Employment tribunal judgment provides a good case study for employers of what not to do when dismissing an employee for gross misconduct.
- [When Is a Right of Appeal Necessary?](https://www.bermans.co.uk/when-is-a-right-of-appeal-necessary/) - Handling appeals can feel like revisiting ground you would rather leave behind. However, from a legal perspective, offering an appeal is not optional in most cases - it is a fundamental part of a fair dismissal process.
- [National minimum wage changes from 1st April](https://www.bermans.co.uk/national-minimum-wage-changes-from-1st-april/) - Last month, the Government released its latest ‘name and shame’ list of employers who failed to pay national minimum wage to their workers.
- [New statutory rates for 2026](https://www.bermans.co.uk/new-statutory-rates-for-2026/) - April marks the month each year where changes to statutory rates come into force. Most rate changes take effect from 6th April.
- [James Harris](https://www.bermans.co.uk/james-harris/) - James joined Bermans in February 2025 as a Partner in our Property Team based between the firms Liverpool and Manchester offices.
- [Work Gets Under Way On Six-Figure Southport Padel Venue](https://www.bermans.co.uk/work-gets-under-way-on-six-figure-southport-padel-venue/) - Work has started to create a new five-court padel venue in Southport which is scheduled to open in June.
- [Tenancy Reform 2026: What Landlords Need to Know About the Renters’ Rights Act](https://www.bermans.co.uk/tenancy-reform-2026-what-landlords-need-to-know-about-the-renters-rights-act/) - The Renters’ Rights Act introduces the most significant tenancy reform in decades, here is a comprehensive overview of what’s changing and how to prepare.
- [Navigating the Latest Employment Law Changes: What Businesses Need to Know for 2026](https://www.bermans.co.uk/navigating-the-latest-employment-law-changes-what-businesses-need-to-know-for-2026/) - With the Employment Rights Act 2025 now moving into phased implementation throughout 2026, businesses across all sectors will face a rapidly changing compliance landscape
- [Fee Earner Q&A with Charlotte Mills](https://www.bermans.co.uk/fee-earner-qa-with-charlotte-mills/) - Charlotte Mills (pictured), joined Bermans in March 2024 and is a partner in our Corporate team. We spoke to her to learn more about her and her work.
- [Commercial Contracts in the Age of AI: Balancing Innovation and Risk](https://www.bermans.co.uk/commercial-contracts-in-the-age-of-ai-balancing-innovation-and-risk/) - While AI presents significant opportunities for innovation, particular care is required when drafting the commercial contracts that govern its supply and use.
- [A Practical Guide to Insolvency Procedures: What Private Company Directors Need to Know](https://www.bermans.co.uk/a-practical-guide-to-insolvency-procedures-what-private-company-directors-need-to-know/) - Whilst a company is solvent, company directors owe various statutory duties as specified by the Companies Act 2006 to the company’s shareholders (which can often be the same people)
- [Enterprise Management Incentives (EMI) - what’s changing in 2026?](https://www.bermans.co.uk/enterprise-management-incentives-emi-whats-changing-in-2026/) - The UK Government announced in its Autumn 2025 Budget that a number of welcome improvements will be introduced to the Enterprise Management Incentive scheme legislation
- [Charlotte Mills](https://www.bermans.co.uk/charlotte-mills/) - Charlotte joined Bermans in March 2024 and is a Partner in our Corporate team based in Manchester.
- [New Vacancy - Legal Secretary](https://www.bermans.co.uk/new-vacancy-legal-secretary-2/) - We are looking for a full time legal secretary based in our Liverpool office, who will be responsible for the completion of various dictations and secretarial tasks. Position: Legal Secretary Start date: As soon as possible Location: Liverpool office Hours: Monday - Thursday 9am-5:30pm Friday 9am-5pm Salary: Depending on experience The ideal candidate will: Be familiar with BigHand;
- [Government Publishes Working Paper on Options to Reform Non-Compete Clauses](https://www.bermans.co.uk/government-publishes-working-paper-on-options-to-reform-non-compete-clauses/) - Non-competition clauses in employment contracts are a contentious issue. They are clauses which survive the end of the employment relationship and restrict the ex-employee, for a period of time, from working for a competitive business or setting up in competition with their ex-employer. These clauses will only be enforced by the Courts if they are
- [When Workplace Harassment Becomes a Crime](https://www.bermans.co.uk/when-workplace-harassment-becomes-a-crime/) - Harassment is a serious offence. If it is related to one of the protected characteristics under the Equality Act 2010, then it can give rise to an employment tribunal claim and substantial financial awards. It can also be a criminal offence. Sometimes, conduct taking place at work satisfies not only the employment law definition of
- [The Need to Take a Sensitive Approach to Sick Leave](https://www.bermans.co.uk/the-need-to-take-a-sensitive-approach-to-sick-leave/) - In the recent employment tribunal case of Robinson v Middlesex Learning Trust, a teacher received almost £140,000 compensation after her employer failed to take a sensitive approach to her sickness absence. Ms Robinson was employed on a one year fixed-term contract to teach design and technology at the Trust. After only a few weeks in
- [Drafting a Discretionary Bonus Scheme: Key Considerations for Employers](https://www.bermans.co.uk/drafting-a-discretionary-bonus-scheme-key-considerations-for-employers/) - Discretionary bonus schemes can be a valuable tool for recognising performance and driving engagement, but they also present legal and practical risks if not carefully drafted. Employers need to strike a balance between retaining flexibility and providing enough clarity to avoid disputes over fairness, eligibility or entitlement. A common question is whether to specify the
- [When is a Dismissal Not an Actual Dismissal: When It’s a Constructive Dismissal](https://www.bermans.co.uk/when-is-a-dismissal-not-an-actual-dismissal-when-its-a-constructive-dismissal/) - Constructive unfair dismissal is a strange beast. It is an unfair dismissal but there is no actual dismissal involved at all. It occurs when an employee resigns in response to their employer's conduct. The employer’s conduct must be such that it amounts to a repudiatory breach, a breach going to the root of the contract.
- [Biometric Monitoring in the Workplace: A High-Risk Area for Employers](https://www.bermans.co.uk/biometric-monitoring-in-the-workplace-a-high-risk-area-for-employers/) - Biometric monitoring - tools that identify individuals through fingerprints, facial recognition, voice patterns or other biological traits - is becoming increasingly common in workplaces seeking efficient access control, timekeeping, or security. But the legal and ethical risks associated with biometrics are substantial. These technologies collect special category data, meaning they trigger the highest level of
- [Job Applicants and the Question of Health](https://www.bermans.co.uk/job-applicants-and-the-question-of-health/) - A prospective employer’s obligations under Equality Act 2010 kick in before they are even an employer. This is because job applicants are protected from discrimination under Equality Act 2010. It is important that employers are aware of this and that recruitment practices are not in any way discriminatory. One key area in this regard is
- [The Court of Appeal Holds that Stonewall Did not Instruct, Cause, or Induce Garden Court Chambers to Discriminate Against a Barrister Because of Her Gender Critical Beliefs](https://www.bermans.co.uk/the-court-of-appeal-holds-that-stonewall-did-not-instruct-cause-or-induce-garden-court-chambers-to-discriminate-against-a-barrister-because-of-her-gender-critical-beliefs/) - Section 111 Equality Act 2010 makes it unlawful for a person to instruct, cause or induce someone to discriminate against, harass or victimise another person, or to attempt to do so. In Bailey v Stonewall, the Claimant was a tenant of Garden Court Chambers (GCC). GCC signed up to the Diversity Partners programme run by
- [New Rates for Sick Pay, Family Leave and National Minimum Wage from April 2026](https://www.bermans.co.uk/new-rates-for-sick-pay-family-leave-and-national-minimum-wage-from-april-2026/) - The Government has set out its proposed new statutory rates for statutory sick pay and family leave pay to apply from 6th April 2026. Old Rate New Rate Statutory maternity pay £187.18 per week £194.32 per week Statutory paternity pay £187.18 per week £194.32 per week Statutory shared parental pay £187.18 per week £194.32 per
- [Employment Rights Act 2025: The Key Employment Law Changes Employers Need on Their Radar](https://www.bermans.co.uk/employment-rights-act-2025-the-key-employment-law-changes-employers-need-on-their-radar/) - After months of parliamentary debate, the Employment Rights Bill has finally cleared the House of Lords and gained Royal Assent on 18th December 2025. It has now become the Employment Rights Act 2025 (ERA 2025) - a landmark reform that will reshape UK employment law over the coming years. While many of the changes will
- [Dave Gledhill](https://www.bermans.co.uk/dave-gledhill/) - Dave is a Senior Consultant in our Invoice Finance team and is highly experienced in all commercial aspects of invoice finance and asset based lending.
- [Bermans 2025: A Year of Growth, Innovation & Celebration ](https://www.bermans.co.uk/bermans-2025-a-year-of-growth-innovation-celebration/) - As 2025 draws to a close, we’re reflecting on a year defined by client outcomes, sector leadership and community impact.
- [Happy Retirement Dave Gledhill!](https://www.bermans.co.uk/happy-retirement-dave-gledhill/) - At the end of this Summer, the Supreme Court delivered its anticipated judgment in the joint appeals in Hopcraft v Close Brothers Limited [2025] UKSC 33.
- [Hopcraft V Close Brothers: Implications For The Invoice Finance Industry](https://www.bermans.co.uk/hopcraft-v-close-brothers-implications-for-the-invoice-finance-industry/) - At the end of this Summer, the Supreme Court delivered its anticipated judgment in the joint appeals in Hopcraft v Close Brothers Limited [2025] UKSC 33.
- [The Problem of Fraud in Invoice Finance](https://www.bermans.co.uk/the-problem-of-fraud-in-invoice-finance/) - Experience suggests that the issue of fraud in invoice finance remains a persistent problem.
- [Faizan Nayyar](https://www.bermans.co.uk/faizan-nayyar/) - Faizan joined Bermans in January 2021 and is a Solicitor in our Corporate team in Manchester.
- [Myers La Roche Celebrates 40-Year Milestone](https://www.bermans.co.uk/myers-la-roche-celebrates-40-year-milestone/) - Myers La Roche, a longstanding and valued partner of Bermans specialising in helping opticians to grow, acquire and sell independent practices, is celebrating its 40th anniversary.
- [Navigating ID Verification Under the Economic Crime and Corporate Transparency Act 2023](https://www.bermans.co.uk/navigating-id-verification-under-the-economic-crime-and-corporate-transparency-act-2023/) - The Economic Crime and Corporate Transparency Act 2023 (the Act) introduces a new era of corporate accountability in the UK.
- [Fee Earner Q&A with Nathan Hughes](https://www.bermans.co.uk/fee-earner-qa-with-nathan-hughes/) - Nathan Hughes joined Bermans in 2022 and is a Solicitor in our Corporate team based in Manchester. We spoke to him recently to learn more about him and his work.
- [Major Shake-Up for Business Owners: IHT Relief Slashed from April 2026. ACT NOW](https://www.bermans.co.uk/major-shake-up-for-business-owners-iht-relief-slashed-from-april-2026-act-now/) - Big changes to Inheritance Tax (IHT) are on the horizon—and they could significantly affect owner-managed businesses.
- [Bermans bolsters property & construction team with new partner](https://www.bermans.co.uk/bermans-bolsters-property-construction-team-with-new-partner/) - Bermans has strengthened its property & construction team with the appointment of James Harris as a partner.
- [Trio join Bermans Manchester office as expansion continues](https://www.bermans.co.uk/trio-join-bermans-manchester-office-as-expansion-continues/) - We have recently made three strategic hires to bolster our litigation, asset-based lending recoveries and private client teams
- [Bermans Celebrates Multiple Rankings in The Legal 500](https://www.bermans.co.uk/bermans-celebrates-multiple-rankings-in-the-legal-500/) - We’re thrilled to announce that Bermans has been ranked in six practice areas in the latest edition of The Legal 500!
- [3 Key Employment Law Updates from the Proposed Employment Rights Bill ](https://www.bermans.co.uk/3-key-employment-law-updates-from-the-proposed-employment-rights-bill/) - This article summarises 3 key updates every employer and employee should know.
- [The Lifecycle of Debt Recovery: What Businesses Need to Know](https://www.bermans.co.uk/the-lifecycle-of-debt-recovery-what-businesses-need-to-know/) - When a customer or client fails to pay, it can disrupt cash flow and create unnecessary stress for your business.
- [Bermans launch new Practice Area - 'Creditor Services'](https://www.bermans.co.uk/bermans-launch-new-practice-area-creditor-services/) - Bermans have recently created a new practice area – ‘Creditor Services’
- [James Whittaker](https://www.bermans.co.uk/james-whittaker/) - James has experience acting for and advising companies, individuals, directors, creditors and office-holders within insolvency proceedings in respect of both contentious and non-contentious assignments.
- [Will I still get my costs back if I win?  - Fixed costs, 2 years on](https://www.bermans.co.uk/will-i-still-get-my-costs-back-if-i-win-fixed-costs-2-years-on/) - This is the latest in a series of articles on the “fixed recoverable costs” regime introduced in the civil courts in October 2023. The most recent articles before this one can be found here.
- [Do I have to take my dispute to mediation?](https://www.bermans.co.uk/do-i-have-to-take-my-dispute-to-mediation/) - In an article in December 2023 we reported on the Court of Appeal’s decision which, for the first time, gave the courts the power to compel parties to mediate.
- [Day one protection from unfair dismissal: What the new Employment Rights Bill could mean for you](https://www.bermans.co.uk/day-one-protection-from-unfair-dismissal-what-the-new-employment-rights-bill-could-mean-for-you/) - Big changes are on the horizon for UK employment law. The new Employment Rights Bill poses a major shift in how unfair dismissal rights are applied
- [Ruby Griffiths](https://www.bermans.co.uk/ruby-griffiths/) - Ruby works in the Creditor Services team, focusing on debt recovery and litigation proceedings for Invoice Finance Providers, SMEs, and Funders.
- [Government makes changes to its proposed ‘ban’ on Fire and Rehire under the Employment Rights Bill](https://www.bermans.co.uk/government-makes-changes-to-its-proposed-ban-on-fire-and-rehire-under-the-employment-rights-bill/) - The Employment Rights Bill makes major strides towards ending ‘fire and rehire’.
- [The net is tightening on NDAs: new restrictions in force from 1st October 2025](https://www.bermans.co.uk/the-net-is-tightening-on-ndas-new-restrictions-in-force-from-1st-october-2025/) - Non-disclosure agreements (NDAs) are legal contracts or provisions of legal contracts that place confidentiality requirements on another in respect of certain information, usually for something of value or payment.
- [Employer liability for acts of harassment: what HR need to know](https://www.bermans.co.uk/employer-liability-for-acts-of-harassment-what-hr-need-to-know/) - Acts of harassment are generally committed by individuals, not corporate entities. How is it, then, that businesses can be liable for the harassing acts of their employees?
- [Interviewer who appointed employee to role because she ‘vibed’ with her did not discriminate against the unsuccessful applicant](https://www.bermans.co.uk/interviewer-who-appointed-employee-to-role-because-she-vibed-with-her-did-not-discriminate-against-the-unsuccessful-applicant/) - In the recent employment tribunal case of Kalina v Digitas LBI Ltd, two applicants were interviewed for a role. Both were found, following a competency-based assessment, to be appointable
- [Top tips for Probationary Periods](https://www.bermans.co.uk/top-tips-for-probationary-periods/) - A probationary period is a trial phase at the start of a new employment relationship, during which both the employer and the employee assess the suitability of the role
- [Redundancy and alternative employment](https://www.bermans.co.uk/redundancy-and-alternative-employment/) - Redundancy is one of the five ‘potentially fair reasons’ for dismissal recognised in UK law.
- [Whistleblowing did not give employee carte blanche to behave disruptively](https://www.bermans.co.uk/whistleblowing-did-not-give-employee-carte-blanche-to-behave-disruptively/) - It is important that employers have a clear understanding of their obligations towards whistleblowers in the workplace.
- [Why employers should be careful before blindly relying on spyware data to discipline employees](https://www.bermans.co.uk/why-employers-should-be-careful-before-blindly-relying-on-spyware-data-to-discipline-employees/) - The rise of remote work post-COVID-19 is arguably the most radical shift in working patterns since the advent of email. Many employees now value flexibility as much as pay
- [Where restructuring meets redundancy: Understanding the legal risks](https://www.bermans.co.uk/where-restructuring-meets-redundancy-understanding-the-legal-risks/) - The words “redundancy” and “restructuring” carry very different connotations. Redundancy often implies cutbacks and job loss. Restructuring, on the other hand, sounds strategic and forward-looking.
- [United supporter working at Manchester City stadium scores ‘own goal’ with football shirt](https://www.bermans.co.uk/united-supporter-working-at-manchester-city-stadium-scores-own-goal-with-football-shirt/) - It is the nature of competitive team sport that supporters of each side don’t generally like to ‘mix’ during the big games. Indeed, football, stadiums have ‘home’ and ‘away’ stands to keep the two sets of fans apart. Arguably, no game is more emotive in this regard than a local derby
- [2025 Update: Economic Crime and Corporate Transparency Act 2023](https://www.bermans.co.uk/2025-update-economic-crime-and-corporate-transparency-act-2023/) - The Economic Crime and Corporate Transparency Act 2023 brings several crucial updates aimed at enhancing corporate transparency, protecting personal information, and combating economic crime.
- [Cosmin Armene](https://www.bermans.co.uk/cosmin-armene/) - Cosmin Armene joined Bermans in May 2025 and is a Solicitor in our Property team.
- [Advice for employees](https://www.bermans.co.uk/employment-advice-for-employees/) - At Bermans, we understand that navigating employment law can be challenging and stressful, our team of expert solicitors is here to support you
- [Restrictive Covenants](https://www.bermans.co.uk/restrictive-covenants-2/) - If your contract of employment contains restrictive covenants, we can review the covenants and advise on their enforceability. This is particularly important for senior employees considering a move from their current role. Enforceability of Restrictive Covenants Restrictive Covenants are post termination obligations that employers seek to place on their employees after their employment ends. The
- [Residential Conveyancing: range of costs](https://www.bermans.co.uk/residential-conveyancing-range-of-costs/) - Bermans property team offer a personal conveyancing service for the following types of residential property: Freehold sale or purchase Leasehold sale or purchase Mortgages or re-mortgages Our conveyancers are experts in guiding you through the legal process and you can be safe in the knowledge that they are supported by our larger commercial property team.
- [Bermans Oversees Buyout of North Wales Haulage and Vehicle Servicing Business](https://www.bermans.co.uk/bermans-oversees-buyout-of-north-wales-haulage-and-vehicle-servicing-business/) - Bermans has helped oversee an acquisition of NPC Commercials, a North Wales haulage and vehicle servicing and repairs business. Based in Wrexham, NPC Commercials operates a fleet of tipper wagons, box trailers and curtainsiders that carry out haulage across England, Scotland and Wales for construction, landscaping, retail and industrial clients. The £1.5m-turnover business has been
- [Agency agreements in the UK: what businesses must get right](https://www.bermans.co.uk/agency-agreements-in-the-uk-what-businesses-must-get-right/) - Appointing a commercial agent can assist a business to enter new markets and can accelerate growth but only if the legal foundations are sound.
- [David Crank](https://www.bermans.co.uk/david-crank/) - David Crank joined Bermans in August 2025 and is a Solicitor and Head of Licensing.
- [Employee Ownership Trusts](https://www.bermans.co.uk/employee-ownership-trusts/) - What is an employee ownership trust (EOT)? We act for business owners, trustees and management teams on the structuring, establishment and implementation of EOTs. EOTs provide a tax-efficient and employee-aligned alternative to traditional MBOs, trade sales, listings and assets sales and enable owners to sell their business to a trust that holds the company for
- [Family Investment Companies (FICs)](https://www.bermans.co.uk/family-investment-companies/) - Bermans’ corporate team advises individuals, families and their advisors on the formation, structuring and ongoing governance of FICS as an effective vehicle for wealth preservation, succession planning and tax-efficient asset management. FICs enable families to retain control over investment strategy while passing value to the next generation in a structured, long-term manner. Working in collaboration
- [Private Equity](https://www.bermans.co.uk/private-equity/) - Bermans’ corporate team has extensive experience in advising investors, investee companies and management teams on PE transactions. Such transactions include initial investments, secondary buyouts, co-investments and exits. The team’s experience in advising the various parties to private equity transactions means that it prides itself in providing commercial advice and being able to achieve its clients’
- [Mergers and Acquisitions](https://www.bermans.co.uk/mergers-and-acquisitions/) - Our experienced corporate team can provide buy-side or sell-side support to shareholders, investors, private limited companies and private equity firms, across a wide variety of sectors. Assisting with end-to-end support throughout a transaction, we can tailor our support to achieve our clients’ end goals. Our Mergers and Acquisitions services include: Domestic and cross-border mergers and
- [Management Buy-Outs (MBOs)](https://www.bermans.co.uk/management-buy-outs-mbos/) - Our corporate team provides strategic legal support for management teams and business owners navigating the complexities of management buy-outs. If you’re acquiring the company you help run, or you’re a business owner facilitating an internal transition, our experienced team will deliver clear, commercially focused advice on every stage of the transaction. We understand the unique
- [Disposals](https://www.bermans.co.uk/disposals/) - Our corporate team provides comprehensive legal support for corporate disposals, whether you’re divesting a subsidiary, exiting a market or refocusing on core operations. Our experienced corporate team can work alongside you, your internal teams and financial advisors to manage risk, preserve value and ensure compliance throughout the transaction. Our expertise includes: Legal structuring of disposals
- [A softer touch on ‘Fire and Rehire’?  A proposal to ease clause 26 in the Employment Rights Bill](https://www.bermans.co.uk/a-softer-touch-on-fire-and-rehire-a-proposal-to-ease-clause-26-in-the-employment-rights-bill/) - The Employment Rights Bill is shaping up to be one of the most significant reforms in decades.
- [Corporate Advisory](https://www.bermans.co.uk/corporate-advisory/) - Bermans’ corporate team along with its specialist colleagues provides corporate advisory services that can assist businesses throughout the life-cycle of their business. Whether you’re a start-up, a growing enterprise or a multinational, we can advise on a broad spectrum of corporate matters. Our corporate advisory services include: Company formations Articles and Shareholders’ Agreements Reorganisations Corporate
- [Business Sales](https://www.bermans.co.uk/business-sales/) - As well as share acquisitions and disposals, the corporate team also acts for business owners, purchasers and investors in the sale and purchase of businesses and assets. The team has experience in providing legal support on business and asset transactions of various sizes. Our experience allows us to guide our clients through each stage of
- [A new era for workplace NDAs: Harassment and Discrimination cannot be silenced](https://www.bermans.co.uk/a-new-era-for-workplace-ndas-harassment-and-discrimination-cannot-be-silenced/) - A new clause in the Employment Rights Bill has been proposed, which could mark a major shift in how employers manage allegations of harassment and discrimination
- [Saffa Ahmed](https://www.bermans.co.uk/saffa-ahmed/) - Saffa joined Bermans in July 2025 and is a Paralegal in our Litigation team in Manchester.
- [Kieran Williams](https://www.bermans.co.uk/kieran-williams/) - Kieran is a Solicitor in our Creditor Services and Litigation teams based in Liverpool.
- [Rob Eakins](https://www.bermans.co.uk/rob-eakins/) - Rob advises on all types of commercial contracts, with particular expertise in agreements for the creative and tech sectors. He has assisted a range of clients, including software developers, platform providers, music publishers and online retailers, and can advise on various matters, such as the importance of robust terms and conditions, the protection and licensing of intellectual property rights, and data protection matters.
- [Bermans continue to support local charities!](https://www.bermans.co.uk/bermans-continue-to-support-local-charities/) - At Bermans, we continue to support our chosen charities - OnSide Youth Zones (The Hive and Mahdlo) as well as Paul’s Place.
- [Independent investigators not liable for whistleblowing dismissal](https://www.bermans.co.uk/independent-investigators-not-liable-for-whistleblowing-dismissal/) - When handling high-stakes disciplinary or grievance matters - particularly involving senior staff - many businesses sensibly turn to external HR consultants or investigators to ensure objectivity, professionalism, and compliance
- [Religion or belief discrimination: Supreme Court refuses permission to appeal in Higgs v Farmor’s School – where does this leave the law now?](https://www.bermans.co.uk/religion-or-belief-discrimination-supreme-court-refuses-permission-to-appeal-in-higgs-v-farmors-school-where-does-this-leave-the-law-now/) - The long-running case of Higgs v Farmor’s School appears to have come to an end, after the Supreme Court last month refused permission to appeal.
- [Wilko's £2m Lesson: Don’t overlook collective consultation](https://www.bermans.co.uk/wilkos-2m-lesson-dont-overlook-collective-consultation/) - A recent tribunal ruling against high-street retailer Wilko serves as a costly reminder that even technical breaches of collective consultation law can carry a high price
- [Employee who fell asleep at work was unfairly dismissed](https://www.bermans.co.uk/employee-who-fell-asleep-at-work-was-unfairly-dismissed/) - The recent case of Okoro v Bidvest Noonan (UK) Ltd serves as a reminder to employers that they should not jump to a conclusion that being asleep at work always warrants dismissal
- [Redundancy and alternative employment: Half-measures won’t do](https://www.bermans.co.uk/redundancy-and-alternative-employment-half-measures-wont-do/) - The Employment Rights Act 1996 lists redundancy as a potentially fair reason for dismissal
- [No duty to make an adjustment if it would not remove the disadvantage](https://www.bermans.co.uk/no-duty-to-make-an-adjustment-if-it-would-not-remove-the-disadvantage/) - Under the Equality Act 2010, employers have a legal duty to make reasonable adjustments for disabled employees.
- [Tribunal should have focused on what employee couldn’t do, not what he could do, when deciding if he was disabled](https://www.bermans.co.uk/tribunal-should-have-focused-on-what-employee-couldnt-do-not-what-he-could-do-when-deciding-if-he-was-disabled/) - Whether or not an employee meets the legal definition of a disabled person is a crucial starting point in any disability discrimination case.
- [A carer paid by his brother using money from the local authority was not employed by the local authority](https://www.bermans.co.uk/a-carer-paid-by-his-brother-using-money-from-the-local-authority-was-not-employed-by-the-local-authority/) - It’s a basic requirement when claiming employment rights that the claimant is, in fact, an employee of the respondent.
- [Can UK tribunal claims reach colleagues based abroad? This case says ‘Yes’](https://www.bermans.co.uk/can-uk-tribunal-claims-reach-colleagues-based-abroad-this-case-says-yes/) - For HR teams in international businesses, one tricky question is whether UK employment tribunals can hear claims against colleagues who live and work overseas
- [One rule for them; one rule for everyone else](https://www.bermans.co.uk/one-rule-for-them-one-rule-for-everyone-else/) - A claim of ‘one rule for them; one rule for everyone else’ was recently heard in the Birmingham Employment Tribunal.
- [Constructive Dismissal Claims](https://www.bermans.co.uk/constructive-dismissal-claims/) - Constructive dismissal occurs when an employee resigns due to intolerable working conditions created by their employer or fundamental changes to their contract
- [Understanding Director Disqualification](https://www.bermans.co.uk/understanding-director-disqualification-legal-framework-implications-and-notable-cases/) - This article looks at the grounds for director disqualification as well as the legal framework that governs these processes and what directors should do if facing disqualification, empowering directors to better navigate their responsibilities and potential challenges
- [Trapped in your own company?](https://www.bermans.co.uk/trapped-in-your-own-company/) - We have noticed an increase recently in instructions from clients who own shares in private companies and who for a variety of reasons want to leave and sell their shares but find this difficult to achieve.
- [Fee Earner Q&A with Mike Carter](https://www.bermans.co.uk/17443-2/) - Mike Carter joined Bermans in January 2025 and is a Partner in our Litigation team. We spoke to him to learn more about him and his work. Can you give us a brief summary of your career so far? In my 16th year as a solicitor, I have always specialised in Commercial (or Property and
- [Watch out for the fine print – again!](https://www.bermans.co.uk/watch-out-for-the-fine-print-again/) - A business’s terms and conditions can be a life saver if care is taken when drafting them.
- [Fee Earner Q&A with Richard Riley](https://www.bermans.co.uk/fee-earner-qa-with-richard-riley/) - Richard Riley joined Bermans in March 2025 and is a Partner and Head of Commercial. We spoke to him to learn more about him and his work.
- [Zaafir Hasan](https://www.bermans.co.uk/zaafir-hasan/) - Zaafir joined Bermans in March 2024 and is a Post-Completions Paralegal in our Property team based in Liverpool.
- [Cyber Wake-Up Call for Boards: Why the New UK Cyber Governance Code of Practice Can’t Be Ignored](https://www.bermans.co.uk/cyber-wake-up-call-for-boards-why-the-new-uk-cyber-governance-code-of-practice-cant-be-ignored/) - If you are a business owner and still see cyber threats as “just an IT issue,” it’s time for a rethink
- [Future Planning for Business Owners: A Comprehensive Legal Guide](https://www.bermans.co.uk/future-planning-for-business-owners-a-comprehensive-legal-guide/) - Planning for the future is a crucial aspect of managing a business. As a business owner, the decisions you make today will impact the security and prosperity of your enterprise and your family in the years to come
- [Elizabeth Wilkinson](https://www.bermans.co.uk/elizabeth-wilkinson/) - Elizabeth joined Bermans in March 2025 as Partner in the Litigation and Dispute Resolution team.
- [What to Do If Your Business Suffers a Personal Data Breach](https://www.bermans.co.uk/what-to-do-if-your-business-suffers-a-personal-data-breach/) - The recent high-profile cyber breaches at Marks & Spencer, the Co-operative Group, and the Legal Aid Agency underscore the risks that even large, well-resourced organisations face in managing personal data
- [Understanding Supply Agreements: Key Legal Considerations for Businesses in 2025](https://www.bermans.co.uk/understanding-supply-agreements-key-legal-considerations-for-businesses-in-2025/) - In today’s fast-paced commercial environment, Supply Agreements are the backbone of many business operations.
- [IR35 – Government announces review](https://www.bermans.co.uk/ir35-government-announces-review/) - In our Summer 2019 newsletter, we looked at the changes to IR35 that are due to be implemented in 2020 (IR35 changes). IR35 rules focus on those individuals who operate as independent self employed contractors but actually work like employees and the rules aim to ensure such individuals pay tax and NI in line with
- [Covid-19: The Return to Work](https://www.bermans.co.uk/covid-19-the-return-to-work/) - This article outlines the ramifications, in terms of employment law, of a return to the office workplace and offers some practical steps that can be taken. The main issues that we plan to cover are Employer considerations in preparing for the return of workers to the workplace.
- [Updated Furlough Guidance](https://www.bermans.co.uk/updated-furlough-guidance/) - This article outlines the ramifications, in terms of employment law, of a return to the office workplace and offers some practical steps that can be taken. The main issues that we plan to cover are Employer considerations in preparing for the return of workers to the workplace.
- [A review of some interesting developments in employment law](https://www.bermans.co.uk/a-review-of-some-interesting-developments-in-employment-law/) - A review of some interesting developments in employment law including flexible working proposals, employment contracts and mental health in the workplace
- [Insolvency and employee concerns](https://www.bermans.co.uk/insolvency-and-employee-concerns/) - With Lloyd’s recently announcing its liquidation, we provide some key considerations for when an employer is facing the possibility of Insolvency
- [Understanding the Employment Rights Bill ](https://www.bermans.co.uk/understanding-the-employment-rights-bill/) - On Thursday 10th October 2024, the Government published details of the Employment Rights Bill. Key features of the Bill are:
- [Understanding Commercial Terms and Conditions](https://www.bermans.co.uk/understanding-commercial-terms-and-conditions/) - All businesses should have robust terms and conditions in place which set out the legal framework for the relationship between the business and its customers.
- [Bermans accelerates growth with new Head of Commercial and Litigation Partner](https://www.bermans.co.uk/bermans-accelerates-growth-with-new-head-of-commercial-and-litigation-partner/) - Bermans has appointed a new head of its commercial team and a litigation partner as it continues to strengthen its ranks with key strategic hires.
- [Understanding Redundancy](https://www.bermans.co.uk/understanding-redundancy/) - Redundancy can take place when an employer needs to reduce their workforce due to various reasons
- [Introducing our new Asset Based Lending copy writer… Alex Kingston Splatt](https://www.bermans.co.uk/introducing-our-new-asset-based-lending-copy-writer-alex-kingston-splatt/) - Following the retirement last year of Peter Sinnett we have searched the country to find someone capable of informing you all about the latest news in Asset Based Lending. Many of you will know that Radcliffe Chambers is one of the leading Commercial Chancery chambers in the country based at Lincoln’s Inn. Alex Kingston-Splatt is
- [Corporate team at law firm Bermans advises on sale of RoBAT to Swedish hi-tech company](https://www.bermans.co.uk/corporate-team-at-law-firm-bermans-advises-on-sale-of-robat-to-swedish-hi-tech-company/) - A Swedish hi-tech company has acquired Cheshire-based RoBAT, with corporate lawyers at north west firm Bermans advising on the deal. RoBAT designs and manufactures high-value robotic machines for the fast and reliable testing of high-frequency signal quality on printed circuit boards. The company serves a global market from its headquarters in Macclesfield and its operations
- [Jonathan Berkson, new head of recoveries, Litigation and a new arrival](https://www.bermans.co.uk/jonathan-berkson-new-head-of-recoveries-litigation-and-a-new-arrival/) - Jonathan joined Bermans in 2013 following a stellar career with leading national firm and was the Liverpool Law Society’s “Solicitor of the Year”.
- [Close Brothers v Hopcraft](https://www.bermans.co.uk/close-brothers-v-hopcraft/) - As we write, the Supreme Court has begun the three-day hearing in the conjoined appeals in the Close Borthers litigation referred to above, concerning so-called secret commissions paid to brokers by lenders in the motor industry
- [Important Appeal On ‘Omnibus’ Motor Finance Claims](https://www.bermans.co.uk/important-appeal-on-omnibus-motor-finance-claims/) - March 2025 saw the decision of the High Court in Angel v Black Horse Ltd [2025] EWHC 490 (KC) (Mr Justice Ritchie). In recent times, there has been a noticeable increase in multi-party litigation, especially concerning consumer-related claims. Many of these cases have concerned flexible (and often difficult to predict) claims brought under the likes
- [City of London Law Society issues note on execution of legal assignments](https://www.bermans.co.uk/city-of-london-law-society-issues-note-on-execution-of-legal-assignments/) - Keen readers of this newsletter will recall the discussion of Frischmann v Vaxeal Holdings SA [2023] EWHC 2698 (Ch) (Spring, 2024). To recap, Frischmann was a challenge to the assignment of rights under two loan agreements and a guarantee.
- [Pat Haver](https://www.bermans.co.uk/pat-haver/) - Pat joined Bermans in 1997 and works in our Litigation department. She deals with a wide range of contract disputes and also property litigation matters.
- [Andrew Koffman](https://www.bermans.co.uk/andrew-koffman/) - Andrew joined Bermans in January 2017 as a Partner based in Manchester, becoming Head of Litigation and Dispute Resolution in 2022. He specialises in property litigation, shareholder and partnership disputes; litigation for secured lenders; contract disputes; professional negligence and insolvency.
- [‘Sir …that was my chair’ – are we at work or back in primary school?](https://www.bermans.co.uk/sir-that-was-my-chair-are-we-at-work-or-back-in-primary-school/) - A tribunal has found that forcing a senior employee to sit at a desk which was viewed as a ‘junior’ desk can amount to constructive dismissal.
- [Government proposes changes to Industrial Relations framework](https://www.bermans.co.uk/government-proposes-changes-to-industrial-relations-framework/) - The Government has published its response to its recent consultation on modernising industrial relations.
- [Government launches consultation on ethnicity and disability pay gap reporting](https://www.bermans.co.uk/government-launches-consultation-on-ethnicity-and-disability-pay-gap-reporting/) - The Government’s flagship Employment Rights Bill has, quite rightly, been the focus of employment law commentators since it was first announced last July.
- [Court of Appeal agrees with EAT that Ofsted inspector dismissed for brushing water off a child’s head was unfairly dismissed](https://www.bermans.co.uk/court-of-appeal-agrees-with-eat-that-ofsted-inspector-dismissed-for-brushing-water-off-a-childs-head-was-unfairly-dismissed/) - The recent Court of Appeal judgment in Hewston v Ofsted serves as a reminder to employers of the importance of using policies to set clear workplace standards.
- [Government provides clarity on the future of Statutory Sick Pay](https://www.bermans.co.uk/government-provides-clarity-on-the-future-of-statutory-sick-pay/) - Statutory Sick Pay (SSP) is the amount payable by employers when an employee is absent from work due to sickness.
- [Government amends Employment Rights Bill to include framework for application of zero hours contracts measures to agency workers](https://www.bermans.co.uk/government-amends-employment-rights-bill-to-include-framework-for-application-of-zero-hours-contracts-measures-to-agency-workers/) - The Government has published its response to its consultation on the application of zero hours contracts measures to agency workers.
- [Changes to collective redundancy provisions as Employment Rights Bill moves to the House of Lords](https://www.bermans.co.uk/changes-to-collective-redundancy-provisions-as-employment-rights-bill-moves-to-the-house-of-lords/) - The current legal position on collective redundancy is fairly clear...
- [Compensation in discrimination cases should put employee back in the position they would’ve been in but for the discrimination](https://www.bermans.co.uk/compensation-in-discrimination-cases-should-put-employee-back-in-the-position-they-wouldve-been-in-but-for-the-discrimination/) - Once an employee has been successful in a claim of discrimination, the attention turns to the question of remedy. Compensation can include...
- [Where employer believes (in error) that employee has resigned the ‘dismissal’ might be fair for SOSR](https://www.bermans.co.uk/where-employer-believes-in-error-that-employee-has-resigned-the-dismissal-might-be-fair-for-sosr/) - The employment relationship can generally come to an end in one of two ways: resignation by the employee or dismissal by the employer. But what happens when wires get crossed?
- [New statutory rates for 2025](https://www.bermans.co.uk/new-statutory-rates-for-2025/) - April marks the month each year where changes to statutory rates come into force.
- [Richard Riley](https://www.bermans.co.uk/richard-riley/) - Richard Riley joined Bermans in March 2025 and is a Partner and Head of Commercial.
- [Late Easter ‘could land employers in hot water over staff holidays’](https://www.bermans.co.uk/late-easter-could-land-employers-in-hot-water-over-staff-holidays/) - Employers are being warned they could land in hot water with staff over their annual holiday entitlement because Easter falls late this year.
- [Bermans relaunches private client offering](https://www.bermans.co.uk/welcome-to-bermans-jobeth/) - In January 2025, after demand from clients, Bermans relaunched its private client department.
- [Fee Earner Q&A with Jobeth Copping-Barrett](https://www.bermans.co.uk/fee-earner-qa-with-jobeth-copping-barrett/) - Jobeth Copping-Barrett (pictured), joined Bermans in January 2025 and is a Senior Associate in our Private Client team. We spoke to her to learn more about her and her work. 1.Can you give us a brief summary of your career so far? I took rather a long route to finally qualifying as a solicitor in
- [Rate Updates 2025 – Employment Law](https://www.bermans.co.uk/rate-updates-2025-employment-law/) - Several significant changes in employment law rates are set to take effect in 2025.
- [Employment Tribunals](https://www.bermans.co.uk/employment-tribunals-2/) - Employment tribunals play a crucial role in resolving disputes between employees and employers. They handle a range of cases from unfair dismissal to discrimination claims. If you are facing an employment tribunal, Bermans can support and guide you through the process. What is an Employment Tribunal? An Employment Tribunal is a judicial body that hears
- [Unfair Dismissal Claims](https://www.bermans.co.uk/unfair-dismissal-claims/) - Unfair dismissal occurs when an employee is dismissed without a fair reason or without following the proper legal procedures. This can include dismissals that are discriminatory or retaliatory, for example. At Bermans, we specialise in providing comprehensive legal support to both employers and employees navigating the complexities of unfair dismissal claims. What Are the 5
- [Settlement Agreements](https://www.bermans.co.uk/settlement-agreements/) - Settlement agreements are a crucial tool for employers, providing a structured and legally binding method for resolving disputes or ending employment relationships amicably
- [Employment Discrimination Claims](https://www.bermans.co.uk/employment-discrimination-claims/) - Discrimination in the workplace is a serious issue that can have lasting impacts on an individual's career and well-being.
- [Bermans advise on a double MBO](https://www.bermans.co.uk/bermans-advise-the-on-a-double-mbo/) - Bermans corporate partners Charlotte Mills and Laura McMorland and solicitor Nathan Hughes recently advised on a double buyout.
- [Mike Carter](https://www.bermans.co.uk/mike-carter/) - Mike joined Bermans in 2024 as a Partner in our Litigation team based Manchester, with over 15 years litigation and dispute resolution experience.
- [Jobeth Copping-Barrett](https://www.bermans.co.uk/jobeth-copping-barrett/) - Jobeth joined Bermans in January 2025 and is a Senior Associate in the Private Client Department.
- [Employment Rights Bill: What’s Changing?](https://www.bermans.co.uk/employment-rights-bill-whats-changing/) - An Amendment Paper on the Employment Rights Bill was published at the end of November. Key proposed changes include the following proposals from the Government
- [Government announces new rates for family leave pay and statutory sick pay from 6th April 2025](https://www.bermans.co.uk/government-announces-new-rates-for-family-leave-pay-and-statutory-sick-pay-from-6th-april-2025/) - The statutory rates of pay applicable to the various different types of family leave which can be taken, together with the amount payable as statutory sick pay, are updated on an annual basis.
- [Uplifts for failure to follow fire and rehire code of practice to apply to protective awards from January 2025](https://www.bermans.co.uk/uplifts-for-failure-to-follow-fire-and-rehire-code-of-practice-to-apply-to-protective-awards-from-january-2025/) - When the Code of Practice on Dismissal and Re-engagement came into force in July, a notable omission from the list of claims to which uplifts could be applied for non-compliance was protective awards
- [Compensation for discrimination: injury to feelings awards](https://www.bermans.co.uk/compensation-for-discrimination-injury-to-feelings-awards/) - In discrimination cases, employees can claim compensation for the emotional distress caused by their employer’s actions. This is called an injury to feelings award, which is separate from any financial loss.
- [What can employers do if they find that an employee has lied on their CV?](https://www.bermans.co.uk/what-can-employers-do-if-they-find-that-an-employee-has-lied-on-their-cv/) - Rachel Reeves, our current Chancellor, came in for some criticism recently when it was claimed that she had tweaked the details of a previous role at HBOS on her LinkedIn profile
- [When can an employer lawfully deduct from an employee’s wages?](https://www.bermans.co.uk/when-can-an-employer-lawfully-deduct-from-an-employees-wages/) - Making deductions from the amount otherwise due can be tricky. But deductions can be lawful when made for the right reason and managed correctly.
- [TUPE: a step-by-step guide to the rules around relevant transfers and dismissal](https://www.bermans.co.uk/tupe-a-step-by-step-guide-to-the-rules-around-relevant-transfers-and-dismissal/) - Here is our step-by-step guide to the rules as they are currently understood.
- [Defining harassment in the workplace: Lessons from Carozzi and Forsbrook](https://www.bermans.co.uk/defining-harassment-in-the-workplace-lessons-from-carozzi-and-forsbrook/) - ‘Harassment’ doesn’t exist as a free-standing employment claim in the UK. To successfully claim harassment in an employment tribunal, an employee needs to be able to show that the harassment was ‘related to’ a protected characteristic
- [EAT gives guidance on dismissing employees fairly when the employment relationship has broken down](https://www.bermans.co.uk/eat-gives-guidance-on-dismissing-employees-fairly-when-the-employment-relationship-has-broken-down/) - Employees with over two years’ service have the right not to be unfairly dismissed.
- [AI credited with encouraging a serial litigant in a disability discrimination claim against a prospective employer](https://www.bermans.co.uk/ai-credited-with-encouraging-a-serial-litigant-in-a-disability-discrimination-claim-against-a-prospective-employer/) - AI applications such as ChatGPT have, over the last 12 months or so, become an important tool in improving business efficiency. However, a recent tribunal judgment indicates that it is not just employers who are taking advantage of AI.
- [Philippa Baty](https://www.bermans.co.uk/philippa-baty/) - Philippa Baty joined Bermans in October 2024 and is a Solicitor in our Property team.
- [Bermans advises finance planning firm on management ownership transaction](https://www.bermans.co.uk/bermans-advises-finance-planning-firm-on-management-ownership-transaction/) - Bermans Jon Davage and Laura McMorland recently advised the management team at Clarion Wealth Planning Limited on its management ownership transaction. Ron Walker, founder and owner of financial planning firm, Clarion Wealth Planning Limited, who are based in Alderley Edge, sold the majority of his shareholding to the firms current management team, who have acquired
- [Jon Davage, Head of Corporate and author!](https://www.bermans.co.uk/jon-davage-head-of-corporate-and-author/) - Some of you may be aware that Jon Davage is head of our corporate team but did you know he has also contributed a chapter to a book? Working with our clients, Guy Remond and Ian Brookes from The Start Up Factory, they developed an idea to share their experience of the journey from founder to exit in a tech-based business.
- [New Vacancy – Insolvency Paralegal (Manchester)](https://www.bermans.co.uk/new-vacancy-insolvency-paralegal-manchester/) - We are looking for an experienced and enthusiastic Insolvency Paralegal to join our Insolvency team. The existing team is friendly, hard-working, welcoming and we are seeking a like-minded individual. Start date: as soon as possible Location: Manchester city-centre office, with 5 days working in the office initially and the potential to work from home 1
- [Bermans Achieves Recognition in the Legal 500 2025!](https://www.bermans.co.uk/bermans-achieves-recognition-in-the-legal-500-2025/) - We’re proud to share that Bermans have been ranked in the following areas in the Legal 500
- [Supreme Court re-instates injunction preventing Tesco from using fire and re-hire to remove ‘permanent’ right to retained pay](https://www.bermans.co.uk/supreme-court-re-instates-injunction-preventing-tesco-from-using-fire-and-re-hire-to-remove-permanent-right-to-retained-pay/) - In 2007, Tesco re-organised its warehouses resulting in mass relocations. As an alternative to potential redundancy, Tesco negotiated with USDAW (the recognised trade union) that it would give any staff, who stayed on and agreed to be relocated, a ‘Retained Pay’ payment which would be paid to them each month.
- [EAT confirms tribunal was correct to allow claim for indirect associative discrimination under s19 Equality Act 2010](https://www.bermans.co.uk/eat-confirms-tribunal-was-correct-to-allow-claim-for-indirect-associative-discrimination-under-s19-equality-act-2010/) - Associative discrimination occurs when someone faces a disadvantage but does not hold the relevant protected characteristic (meaning either sex, race, disability, sexual orientation, religion or belief, age, gender reassignment, pregnancy or marriage) themselves.
- [Tribunal erred by failing to consider if it was a reasonable adjustment to hold-off dismissing disabled employee until merger was completed](https://www.bermans.co.uk/tribunal-erred-by-failing-to-consider-if-it-was-a-reasonable-adjustment-to-hold-off-dismissing-disabled-employee-until-merger-was-completed/) - Where an employer knows (or reasonably ought to know) that an employee is disabled, the duty to make reasonable adjustments is engaged.
- [Anti-Islamic aspects of Claimant’s belief in English nationalism not a protected belief under Equality Act 2010](https://www.bermans.co.uk/anti-islamic-aspects-of-claimants-belief-in-english-nationalism-not-a-protected-belief-under-equality-act-2010/) - Under Equality Act 2010, employees have protection against discrimination on grounds of ‘religion or belief’
- [EAT rejects Wicked Vision v Rice and follows Court of Appeal decision in Osipov in whistleblowing detriment claim](https://www.bermans.co.uk/eat-rejects-wicked-vision-v-rice-and-follows-court-of-appeal-decision-in-osipov-in-whistleblowing-detriment-claim/) - Employees have two distinct claims which they are able to bring in relation to whistleblowing: a claim for whistleblowing detriment under s47B Employment Rights Act 1996, and a claim of automatic unfair dismissal on grounds of whistleblowing
- [Workers (Predictable Terms and Conditions) Act 2023 shelved](https://www.bermans.co.uk/workers-predictable-terms-and-conditions-act-2023-shelved/) - It has been confirmed that the Workers (Predictable Terms and Conditions) Act 2023 will not be brought into force this autumn, as originally expected.
- [What’s in a word? The importance of clear drafting when writing contracts](https://www.bermans.co.uk/whats-in-a-word-the-importance-of-clear-drafting-when-writing-contracts/) - Most employers use standard contractual documentation which is issued to new recruits without much thought.
- [Employment Appeal Tribunal looks at test for justification in indirect discrimination claims](https://www.bermans.co.uk/employment-appeal-tribunal-looks-at-test-for-justification-in-indirect-discrimination-claims/) - Indirect discrimination occurs where an employer has a provision, criterion or practice (known as a ‘PCP’) which places people with a certain protected characteristic, and also places the person complaining, at a particular disadvantage when compared to people without that characteristic. An example might include a restrictive working pattern which women (who are acknowledged to
- [High Court rules that employee whose duties were re-assigned was constructively dismissed](https://www.bermans.co.uk/high-court-rules-that-employee-whose-duties-were-re-assigned-was-constructively-dismissed/) - Contracts of employment often include a provision which states that employers are able to alter an employee’s powers and responsibilities.
- [Sexual harassment claim rejected](https://www.bermans.co.uk/sexual-harassment-claim-rejected/) - A warehouse worker has lost his discrimination claim after complaining about his boss having the name ‘Willy"
- [Disputing a Will](https://www.bermans.co.uk/disputing-a-will/) - When Diego Maradona passed away in November 2020, speculation was rife in the press as to whether he had a valid Will and, if he did, whether it provided for all of his children with some newspapers reporting he had fathered eight children whereas others had the figure as high as 11!
- [Meet the new Liverpool Law Society Chair of the Civil Litigation Committee](https://www.bermans.co.uk/meet-the-new-liverpool-law-society-chair-of-civil-litigation-committee/) - Bermans is proud to announce that its Civil Litigation Partner has been appointed as Chair of the Liverpool Law Society’s Civil Litigation Committee
- [Fee Earner Q&A with Jonathan Berkson](https://www.bermans.co.uk/fee-earner-qa-with-jonathan-berkson/) - Jonathan Berkson joined Bermans in June 2013 and is a Senior Partner in our We spoke to him to learn more about him and his work.
- [New Vacancy: Administration Assistant (Liverpool)](https://www.bermans.co.uk/new-vacancy-administration-assistant-3/) - The Administration Assistant will hold responsibilities in both secretarial and administrative roles. They will receive guidance and training from secretaries and the Office Manager. Job Title: Administration Assistant Line Manager: Office Manager Responsibilities: Assistance provided to Secretaries Complete incoming post and outgoing post/DX Deliver items to bank/post office as necessary. Check emails regularly for any Printing jobs/other
- [Fee Earner Q&A with Daniel Stephenson](https://www.bermans.co.uk/fee-earner-qa-with-daniel-stephenson/) - Daniel Stephenson (pictured), joined Bermans in November 2023 and is a Solicitor in our Property team. We spoke to him to learn more about him and his work.
- [New Edition of <i> Guide to Asset Finance Law </i> - Release date July 2024](https://www.bermans.co.uk/new-edition-of-guide-to-asset-finance-law-2/) - We are pleased to announce that we will be publishing the fifth edition of our popular Guide to Asset Finance Law this Summer.
- [Happy Retirement, Andrew Henderson!](https://www.bermans.co.uk/happy-retirement-andrew-henderson/) - Friday marked the retirement of Andrew Henderson, a partner in our Asset Based Lending litigation team, who has been with Bermans for 39 years – one hell of a shift! His productivity was prodigious and he has always carried out his work with a smile and a kind word for co-workers and clients – not
- [Employee Ownership Trusts – a win-win path to succession](https://www.bermans.co.uk/employee-ownership-trusts-a-win-win-path-to-succession/) - This article summarises EOTs typical structures and highlights some of its key advantages– for both the selling shareholders and the company being sold.
- [Keith Berman, Bermans founder, passes away](https://www.bermans.co.uk/keith-berman-bermans-founder-passes-away/) - It is with sadness that we announce that Bermans founder, Keith Berman, has passed away.
- [Apparent Authority Sufficient to Bind Lessee](https://www.bermans.co.uk/asset-finance-publications-article8/) - In the recent case of CRJ Services Limited v Lanstar Limited [2011] EWHC 972 (TCC) the lessee disputed liability under 3 Lease Agreements on the grounds that the signatory did not have authority to enter into the Agreements. The problem for the lessee was that although the signatory was not an employee, he was engaged
- [Sexual harassment New mandatory duty – Will your organisation be compliant?](https://www.bermans.co.uk/sexual-harassment-new-mandatory-duty-will-your-organisation-be-compliant/) - The landscape surrounding sexual harassment in the workplace has changed significantly following the #MeToo movement dating back to 2017
- [Interest-ing Times – Navigating Default Interest Clauses](https://www.bermans.co.uk/interest-ing-times-navigating-default-interest-clauses/) - While default interest clauses are standard in most lender agreements, they can constitute a penalty if they are extravagant, exorbitant or oppressive.
- [Bermans welcomes partner duo](https://www.bermans.co.uk/bermans-welcomes-partner-duo/) - Bermans has added two new partners to its growing team.
- [EAT confirms that future claims can be settled by settlement agreement](https://www.bermans.co.uk/eat-confirms-that-future-claims-can-be-settled-by-settlement-agreement/) - Employers who wish to avoid the risk of employment claims from departing employees are able to enter into a settlement agreement under which employment claims are settled
- [Employee awarded almost £90,000 for associative discrimination](https://www.bermans.co.uk/employee-awarded-almost-90000-for-associative-discrimination/) - Employees are protected under Equality Act 2010 from being treated less favourably because of a disability (section 13 Equality Act 2010). The disability doesn’t have to be the employee’s disability. It can be the disability of another person. If an employer treats an employee less favourably because of the disability of another person (normally, but not necessarily,
- [Changing employee’s travel requirements was unlawful sex discrimination](https://www.bermans.co.uk/changing-employees-travel-requirements-was-unlawful-sex-discrimination/) - The requirement to travel for a job is usually something that is made clear at the start of employment. But what happens if an employer’s expectations for employee travel change?
- [Contractual terms between employer and perk provider couldn't be used to end perk for employees](https://www.bermans.co.uk/contractual-terms-between-employer-and-perk-provider-couldnt-be-used-to-end-perk-for-employees/) - Employers often provide benefits to employees which are not directly administered by the employer themselves. They use third-party providers instead. Private Health Insurance and Company cars are good examples of this.
- [Tribunal correct to order disclosure of unredacted document containing financial information](https://www.bermans.co.uk/tribunal-correct-to-order-disclosure-of-unredacted-document-containing-financial-information/) - Disclosure is the part of tribunal proceedings where each party — employee and employer — provides the other with a list of all the documents relevant to the issues in the claim.
- [Employment Appeal Tribunal emphasises importance of consulting about proposed pool for selection in redundancy cases](https://www.bermans.co.uk/employment-appeal-tribunal-emphasises-importance-of-consulting-about-proposed-pool-for-selection-in-redundancy-cases/) - employers who need to make only a small number of redundancies must make sure that their consultation process doesn’t end up being a ‘tick box’ exercise.
- [Whether an employee is disabled must be assessed at point acts of alleged discrimination occurred](https://www.bermans.co.uk/whether-an-employee-is-disabled-must-be-assessed-at-point-acts-of-alleged-discrimination-occurred/) - To bring a claim for disability discrimination, an employee must be able to show that they (or someone they are associated with) is disabled.
- [Employers should be careful about how they behave after an employee resigns](https://www.bermans.co.uk/employers-should-be-careful-about-how-they-behave-after-an-employee-resigns/) - If an employee submits their resignation to their employer, then this is a clear indication that the employment relationship is coming to an end.
- [Sexual harassment](https://www.bermans.co.uk/sexual-harassment/) - Sexual harassment can take several different forms. It can refer to unwanted conduct of a sexual nature. This is what most people understand by the term. Under Equality Act 2010, the term also has a wider meaning. It incorporates unwanted conduct which occurs because a person has either rejected or accepted the sexual advances of
- [‘Smell harassment’ – a workplace issue not to be sniffed at!](https://www.bermans.co.uk/smell-harassment-a-workplace-issue-not-to-be-sniffed-at/) - Preventing harassment in the workplace is often at the very top of HR’s to do list. Training and policies often focus on key problem areas such as sexual harassment. They don’t often include any reference to ‘smell harassment’
- [New case on retaking Protected Goods](https://www.bermans.co.uk/new-case-on-retaking-protected-goods/) - In regulated Hire-Purchase and conditional sale (but not Lease or Hire Agreements) section 90 of the Consumer Credit Act 1974 (“CCA”) provides that once one-third of the total price of the goods has been paid for, the goods become ‘protected’ and the Financier is not entitled to recover possession without a Court Order except where the debtor gives his genuine consent.
- [Regulation and Business Customers](https://www.bermans.co.uk/regulation-and-business-customers-2/) - We pointed out in an article in the Briefing last summer that the extent to which there should be any regulation of transactions with business customers has been a matter of hot debate in the asset finance industry going back decades, and we recalled that when the Consumer Credit Act 1974 first came into full effect in 1985 there was much discussion about future reforms excluding business customers altogether.
- [Artificial Intelligence, Lawyers and the Courts](https://www.bermans.co.uk/artificial-intelligence-lawyers-and-the-courts-2/) - Asset financiers grappling with the threats and opportunities posed by AI may be interested to learn of the impact AI, and in particular the recent developments in generative AI, are likely to have on their interactions with their lawyers and with the court system.
- [Happy Retirement Peter Sinnett!](https://www.bermans.co.uk/happy-retirement-peter-sinnett/) - It would be remiss of me not to mention that this will be Peter's last briefing as Editor before he sets off for his well deserved retirement.
- [New Vacancy: Legal Secretary](https://www.bermans.co.uk/new-vacancy-legal-secretary/) - We are looking for a full time legal secretary based in our Liverpool office, who will be responsible for the completion of various dictations and secretarial tasks
- [Dealing with an employee with drug or alcohol dependence](https://www.bermans.co.uk/dealing-with-an-employee-with-drug-or-alcohol-dependence/) - What would you do if you suspected one of your employees was struggling with alcohol or drug dependence?
- [Did you know that Bermans offers a residential conveyancing service?](https://www.bermans.co.uk/did-you-know-that-bermans-offers-a-residential-conveyancing-service/) - Due to increased demand for residential conveyancing services, we have decided to officially offer this area of law as apart of our official services. Bermans has recently attained The Conveyancing Quality Scheme (CQS) - the recognised quality standard for firms offering residential conveyancing services. The scheme is the most widely recognised form of conveyancing accreditation
- [A Disappointing Experience for Sony](https://www.bermans.co.uk/a-disappointing-experience-for-sony/) - A recent High Court case in relation to Jimi Hendrix recordings was of interest to lawyers and classic rock fans alike but is also of wider relevance in relation to copyright and the settlement of claims.
- [Social media and the workplace: what should employers consider when dealing with derogatory and damaging posts?](https://www.bermans.co.uk/social-media-and-the-workplace-what-should-employers-consider-when-dealing-with-derogatory-and-damaging-posts/) - Around 83% of the UK population are active social media users. It comes as no surprise then that social media continues to have an influence in the workplace.
- [Rachael Murphy](https://www.bermans.co.uk/rachael-murphy/) - Rachael joined Bermans in October 2014 and is a Paralegal in our Property team in Liverpool.
- [Artificial Intelligence, Lawyers and the Courts](https://www.bermans.co.uk/artificial-intelligence-lawyers-and-the-courts/) - Invoice financiers grappling with the threats and opportunities posed by AI may be interested to learn of the impact AI, and in particular the recent developments in generative AI, are likely to have on their interactions with their lawyers and with the court system.
- [Road freight claims are insulated from set off](https://www.bermans.co.uk/road-freight-claims-are-insulated-from-set-off/) - One of the most complex and uncertain areas of law which invoice discounters and their lawyers regularly have to deal with is transaction set off, namely the extent to which the customer’s claim arising from defective or late performance of the contract on which the relevant invoice is based can be set off against the value of the invoice.
- [Legal and Equitable Assignments; Validity of Notice of Assignment](https://www.bermans.co.uk/legal-and-equitable-assignments-validity-of-notice-of-assignment/) - Readers will be aware that it is very rare for a reported case in the higher courts dealing with invoice finance to emerge, so we were interested to see a report of a recent case in another area of financial services which raised squarely 2 legal concepts which are fundamental to invoice financiers.
- [Asset Finance: Foreign assets traced in the Arena fraud](https://www.bermans.co.uk/asset-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.
- [IR35 - How will this impact your business?](https://www.bermans.co.uk/ir35-how-will-this-impact-your-business/) - If you are a business who has a turnover £10.2 million and have over 50 employees then the rule changes will affect you. You will need to carry out determination status checks on your Contractors to assess whether they fall within or outside the IR35 rules. From a commercial point of view you may also
- [Bermans (Manchester) welcome new recruits](https://www.bermans.co.uk/bermans-manchester-welcome-new-recruits/) - Bermans have recently appointed two new recruits in their employment and property departments in line with plans to build on their presence in these areas in Manchester. Stephen Chalcraft, the first of the recent new recruits joined the firm as a partner in the property department. He has over 20 years of experience dealing with
- [Increase in tribunal compensation from 6 April 2024](https://www.bermans.co.uk/technical-insights-increase-in-tribunal-compensation-from-6-april-2024/) - The Government has announced the proposed annual increase in compensation limits for certain tribunal awards and other statutory payments.
- [Supporting wellbeing in the workplace - the case of Avanti West Coast](https://www.bermans.co.uk/supporting-wellbeing-in-the-workplace-the-case-of-avanti-west-coast/) - One hot topic is how those going through menopause or perimenopause can be best supported. Avanti West Coast’s latest attempt to tackle this may have resulted in a bit of an ‘own goal’.
- [Disability discrimination: Reasonable adjustments](https://www.bermans.co.uk/disability-discrimination-reasonable-adjustments-2/) - Where an employer knows (or ought to know) an employee is disabled, the duty to make reasonable adjustments applies. Under Equality Act 2010, employers must make adjustments to remove any substantial disadvantage that the employee would otherwise face at work because of their disability. The employer only has to make such adjustments as are
- [One principal reason for dismissal should have been identified in COVID-19 health and safety case](https://www.bermans.co.uk/one-principal-reason-for-dismissal-should-have-been-identified-in-covid-19-health-and-safety-case/) - The law protects employees from unfair dismissal on health and safety grounds. If an employee, in circumstances of danger which he reasonably believed to be serious and imminent, proposed to take steps to protect himself from the danger and was dismissed as a result, he will have been automatically unfairly dismissed under section 100(1)(e) Employment
- [An employee cannot bring a claim of whistleblowing detriment against his employer where the act of detriment relied upon is dismissal](https://www.bermans.co.uk/an-employee-cannot-bring-a-claim-of-whistleblowing-detriment-against-his-employer-where-the-act-of-detriment-relied-upon-is-dismissal/) - There are two claims which can be brought by employees associated with whistleblowing. The first is a claim of detriment. Employees can claim against their employer (and a wider category of individuals including colleagues) for unfavourable treatment on grounds of whistleblowing. This is a detriment claim. Employees can also bring a claim against their employer
- [New holiday rules for part-year and irregular hours workers begin to take effect from 1st April 2024](https://www.bermans.co.uk/new-holiday-rules-for-part-year-and-irregular-hours-workers-begin-to-take-effect-from-1st-april-2024/) - The government has created an entirely new system of holiday accrual and holiday pay for part-year workers and irregular hours workers.
- [Agency workers](https://www.bermans.co.uk/agency-workers-2/) - The Agency Workers Regulations 2010 (AWR) give agency workers certain rights when they are working on assignments for hirers.
- [Detangling direct discrimination, manifestation of belief and lawful limits on protection](https://www.bermans.co.uk/detangling-direct-discrimination-manifestation-of-belief-and-lawful-limits-on-protection/) - The recent case of Omooba v Michael Garret Associates and others has placed religion and belief discrimination back in the spotlight. To give you a brief overview of the law as it currently stands: Direct discrimination occurs where a person is treated unfavourably because of their religion or belief. It is unlawful and cannot be
- [Extension of redundancy protection for pregnant employees and those on family leave](https://www.bermans.co.uk/extension-of-redundancy-protection-for-pregnant-employees-and-those-on-family-leave/) - The law has, for a long time, given extra protection from redundancy to those on maternity, adoption, or shared parental leave.
- [Family leave pay - rate increases from April 2024](https://www.bermans.co.uk/family-leave-pay-rate-increases-from-april-2024/) - The Government has announced that, with effect from 7th April 2024, the rate of a week’s pay for the purpose of calculating family leave in the UK will rise
- [Laura McMorland](https://www.bermans.co.uk/laura-mcmorland/) - Laura joined Bermans Corporate team in March 2023 and is a Partner based in our Manchester office.
- [New Vacancy: Finance Assistant](https://www.bermans.co.uk/new-vacancy-finance-assistant/) - The Finance Assistant will assist both the Finance Manager and Revenue Manager with day-to-day tasks including general accounts tasks, credit control and purchase ledger
- [Fee Earner Q&A with James Whittaker (Insolvency)](https://www.bermans.co.uk/fee-earner-qa-with-james-whittaker-insolvency/) - James Whittaker joined Bermans in 2019 and is a Partner in our Insolvency team. We spoke to him to learn more about him and his work.
- [Incorporating environmental protection into commercial contracts](https://www.bermans.co.uk/incorporating-environmental-protection-into-commercial-contracts/) - Concern for the environment is at an all-time high. There is greater awareness, both on an individual and corporate level, of the impact of our daily activities and choices on the environment
- [Extension of litigation fixed costs regime](https://www.bermans.co.uk/extension-of-litigation-fixed-costs-regime-2/) - In recent years the Government has applied a great deal of focus to the whole question of the funding of the civil litigation system and the ability of litigating parties to recover costs against opponent
- [Impact of Climate change on Property transactions](https://www.bermans.co.uk/impact-of-climate-change-on-property-transactions/) - While discussions often focus on its ecological and economic impacts, it is essential to recognise that climate change is also having a profound influence on property law
- [International Women's Day - Protecting women in the workplace](https://www.bermans.co.uk/international-womens-day-protecting-women-in-the-workplace/) - What can employers do to support the inclusion of women in the workplace?
- [Motor Finance Commission and Fiduciary Relationships](https://www.bermans.co.uk/motor-finance-commission-and-fiduciary-relationships/) - Funders gearing up to deal with the avalanche of broker commission claims in motor finance cases will likely be aware of a recent stream of negative decisions coming from the higher Courts on matters including the relevant limitation period for bringing claims, but there is some welcome news in a recent County Court decision on one of the key issue
- [Exclusion Clauses Revisited](https://www.bermans.co.uk/exclusion-clauses-revisited/) - Our last Briefing contained a detailed analysis of the decision of the commercial Court judge in Last Bus Ltd (trading as Dublin Coach) v Dawsongroup Bus and Coach Ltd
- [Bermans is proud to be CQS Accredited!](https://www.bermans.co.uk/bermans-is-proud-to-be-cqs-accredited/) - The Conveyancing Quality Scheme (CQS) is a recognised quality standard for firms offering residential conveyancing services
- [Bermans Solicitors appoints two Partners as firm continues to grow](https://www.bermans.co.uk/bermans-solicitors-appoints-two-partners-as-firm-continues-to-grow/) - Bermans is delighted to announce the promotion of two Partners. Laura McMorland and James Whittaker will be taking on their new roles from January 2024.
- [Employment Law - workplace fridge politics!](https://www.bermans.co.uk/employment-law-work-fridge-politics/) - The politics which surround the work fridge and its contents are often the cause of significant workplace friction.
- [New holiday pay rules: a new regime for part-year and irregular hours workers](https://www.bermans.co.uk/new-holiday-pay-rules-a-new-regime-for-part-year-and-irregular-hours-workers/) - We are about to enter a brave new world in terms of holiday entitlement for those who have irregular or part-year working patterns.
- [Embassy uses state immunity to deny the jurisdiction of the employment tribunal in a discrimination case](https://www.bermans.co.uk/embassy-uses-state-immunity-to-deny-the-jurisdiction-of-the-employment-tribunal-in-a-discrimination-case/) - In the recent case of The Royal Embassy of Saudi Arabia (Cultural Bureau) v Alhayali, the Claimant worked for the Respondent in their Cultural Affairs department where her duties included supporting Saudi students in the UK on cultural projects. She brought various discrimination claims against the Respondent. The Respondent claimed state immunity. State immunity can
- [A reminder that contractual agreements can’t be used to subvert statutory employment rights](https://www.bermans.co.uk/a-reminder-that-contractual-agreements-cant-be-used-to-subvert-statutory-employment-rights/) - A recent Employment Appeal Tribunal decision reminds employers that contractual terms cannot be used if their effect is to subvert or limit statutory employment rights.
- [The Supreme Court confirms an important limitation on trade union recognition rights](https://www.bermans.co.uk/the-supreme-court-confirms-an-important-limitation-on-trade-union-recognition-rights/) - In November 2023, the Supreme Court handed down their judgment in the case of Independent Workers Union of Great Britain v CAC.
- [Pilot engaged by Ryanair through an intermediary had rights as an agency worker and was also ‘employed’ by the intermediary for the purposes of the Civil Aviation (Working Time) Regulations 2004](https://www.bermans.co.uk/pilot-engaged-by-ryanair-through-an-intermediary-had-rights-as-an-agency-worker-and-was-also-employed-by-the-intermediary-for-the-purposes-of-the-civil-aviation-working-time-regula/) - In the recent case of Lutz v Ryanair DAC and others, the Claimant was supplied to Ryanair as a pilot under a 5 year agreement via a company called MCG Aviation Limited
- [Occupational requirements must be applied proportionately to avoid liability for discrimination](https://www.bermans.co.uk/occupational-requirements-must-be-applied-proportionately-to-avoid-liability-for-discrimination/) - Paragraph 1 to schedule 9 of the Equality Act 2010 sets out the general occupational requirement exception, which applies to direct discrimination claims.
- [Definition of disability – Williams v Newport City Council](https://www.bermans.co.uk/definition-of-disability-williams-v-newport-city-council/) - The Employment Appeal Tribunal recently looked in detail at the definition of disability under Equality Act 2010 and, in particular, what should be regarded as ‘day to day activities’ when considering whether a Claimant’s impairment has a substantial adverse impact on day to day activities.
- [The importance of early consultation with the workforce in redundancy situations](https://www.bermans.co.uk/the-importance-of-early-consultation-with-the-workforce-in-redundancy-situations/) - A recent Employment Appeal Tribunal decision reminds employers that it is crucially important that redundancy proposals are shared with the workforce at a formative stage.
- [A guide to the different types of seasonal workers and their rights](https://www.bermans.co.uk/a-guide-to-the-different-types-of-seasonal-workers-and-their-rights/) - During demanding times, many companies need to bring in temporary staff members to help take on the additional work. Seasonal workers can provide an effective short-term solution, however, it is important that you do not neglect their rights.
- [Court of Appeal backs compulsory alternative dispute resolution (ADR)](https://www.bermans.co.uk/court-of-appeal-backs-compulsory-alternative-dispute-resolution-adr/) - A recent Court of Appeal judgment confirmed for the first time that the court can now compel litigating parties to take part in alternative dispute resolution (ADR), such as mediation, even if the parties have not agreed to do so between themselves. Previously it had been understood, including by the trial judge in the latest
- [Extension of litigation fixed costs regime](https://www.bermans.co.uk/extension-of-litigation-fixed-costs-regime/) - In recent years the Government has applied a great deal of focus to the whole question of the funding of the civil litigation system and the ability of litigating parties to recover costs against opponents
- [Guest Article: Passive Fire Protection training venture proves a game changer](https://www.bermans.co.uk/passive-fire-protection-training-venture-proves-a-game-changer/) - Guest Article: Passive Fire Protection training venture proves a game changer The Grenfell tragedy rightly led to a raft of measures to improve building safety, and the impact has been felt across the property and construction sector in many ways, including the need for vast amounts of remedial work, soaring insurance premiums, and lots more besides. However, although a considerable length of time has elapsed since that awful disaster, there is still a lot of uncertainty across the industry when it comes to ensuring the safety of buildings throughout the country, in terms of their design, construction and management.
- [Fee Earner Focus: Q&A with Tom Simpson (Property)](https://www.bermans.co.uk/fee-earner-focus-qa-with-tom-simpson-property/) - Tom Simpson (joined Bermans in 2023 and is a Partner in our Property team. We spoke to him to learn more about him and his interests and work.
- [Insolvency Reform](https://www.bermans.co.uk/insolvency-reform/) - In September, the government published its response to its consultation taken in 2021 on the future of insolvency regulation, setting out a package of proposed reforms that, in their own words “represent the biggest change to the way the insolvency profession is regulated in nearly 40 years and future-proof the regulatory framework as the insolvency market continues to evolve”.
- [Proposals for Employment Law Reform](https://www.bermans.co.uk/proposals-for-employment-law-reform/) - Many of you will have heard Angela Rayner’s recent remarks in which she explained the changes that the Labour Party propose to make to employment law in the event that they win the general election in the latter part of next year.
- [The Economic Crime and Corporate Transparency Act 2023](https://www.bermans.co.uk/the-economic-crime-and-corporate-transparency-act-2023/) - The government has recently introduced new laws aimed at tackling corruption, money laundering and fraud involving corporate entities.
- [Retained EU Law Bill becomes law – what now?](https://www.bermans.co.uk/retained-eu-law-bill-becomes-law-what-now/) - The Retained EU Law (Revocation and Reform) Act has now come into force. The Act aims to set-out the road-map for how EU-derived case law and legislation will be used after the supremacy of EU Law in the UK ends on 31 December 2023.
- [Holiday pay claims no longer restricted by 3-month gaps between deductions](https://www.bermans.co.uk/holiday-pay-claims-no-longer-restricted-by-3-month-gaps-between-deductions/) - The Supreme Court has recently handed down its judgment in the case of Chief Constable of Police Service of Northern Ireland v Agnew.
- [Employment Appeal Tribunal gives guidance on the test for ‘like work’ in Equal Pay cases](https://www.bermans.co.uk/employment-appeal-tribunal-gives-guidance-on-the-test-for-like-work-in-equal-pay-cases/) - When employment tribunal cases are heard by a full tribunal as is the case in discrimination, whistleblowing and equal pay claims, there is the possibility that a majority judgment can be reached in which the lay members ‘out-vote’ the employment tribunal judge
- [Government announces new plans to tackle late payments](https://www.bermans.co.uk/government-announces-new-plans-to-tackle-late-payments/) - There was a time some years ago when a major selling point of disclosed invoice finance was the perceived ability of established Invoice Financiers practised in the art of collecting debts when compared to the frequent troubles of small businesses in persuading their customers to pay on time.
- [New UNIDROIT Model Factoring Law](https://www.bermans.co.uk/new-unidroit-model-factoring-law/) - UNIDROIT is a respected international organisation dedicated to the improvement of commercial law across its 65 member nations and beyond
- [Incorrect amounts in invoices not fatal to success of debt claims](https://www.bermans.co.uk/incorrect-amounts-in-invoices-not-fatal-to-success-of-debt-claims/) - A recent decision in the Commercial Court provided some comfort to invoice financiers facing technical arguments in litigation as to the accuracy of invoices submitted to debtors
- [Christopher Brain](https://www.bermans.co.uk/christopher-brain/) - Christopher joined Bermans in September 2020 and is a Solicitor in the Insolvency team, having qualified following completion of his training contract with Bermans in 2022. He previously studied Law at the University of Liverpool.
- [Fintech business Lanistar’s latest bold initiative to boost recruitment has landed them in hot water](https://www.bermans.co.uk/fintech-business-lanistars-latest-bold-initiative-to-boost-recruitment-has-landed-them-in-hot-water/) - Effective recruitment strategies are not just about a business picking the best applicants, they are about attracting the best applicants in the first place.
- [Third party harassment provisions removed from Worker Protection Bill by House of Lords](https://www.bermans.co.uk/third-party-harassment-provisions-removed-from-worker-protection-bill-by-house-of-lords/) - The House of Lords have amended the Worker Protection (Amendment of Equality Act 2010) Bill to remove the proposed third-party harassment provisions.
- [Employment Appeal Tribunal gives guidance on the timing of failures to make reasonable adjustments](https://www.bermans.co.uk/employment-appeal-tribunal-gives-guidance-on-the-timing-of-failures-to-make-reasonable-adjustments/) - In the recent case of Fernandes v DWP the Employment Appeal Tribunal allowed an appeal in a disability discrimination claim of failure to make reasonable adjustments
- [Business operations outside of the UK should have been taken into account when deciding when a TUPE transfer took place](https://www.bermans.co.uk/business-operations-outside-of-the-uk-should-have-been-taken-into-account-when-deciding-when-a-tupe-transfer-took-place/) - Where one business purchases the business and assets of another business then this is likely to amount to a ‘business transfer’ under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).
- [NHS Trust was wrong to refuse to make a redundancy payment to HR leaders after they turned-down an alternative job offer](https://www.bermans.co.uk/nhs-trust-was-wrong-to-refuse-to-make-a-redundancy-payment-to-hr-leaders-after-they-turned-down-an-alternative-job-offer/) - In the recent case of Stevenson and others v Mid and South Essex NHS Foundation Trust the respondent had undertaken a restructure which had resulted in three Head of HR role being made redundant.
- [Tribunal was wrong to rely on its own ideas of the real reason for dismissal in an unfair dismissal claim](https://www.bermans.co.uk/tribunal-was-wrong-to-rely-on-its-own-ideas-of-the-real-reason-for-dismissal-in-an-unfair-dismissal-claim/) - In the recent case of Mullen v Greater Glasgow Health Board the claimant was dismissed from his role as supervisor for gross misconduct after an investigation found that he had threatened a fellow employee. The tribunal held that the respondent had carried out a full investigation and held a reasonable belief that the claimant had
- [The right to participate in a share incentive plan did transfer under TUPE, Court of Session rules](https://www.bermans.co.uk/the-right-to-participate-in-a-share-incentive-plan-did-transfer-under-tupe-court-of-session-rules/) - Under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), whenever there is a relevant transfer (typically either a business transfer or a service provision change (outsourcing or insourcing)) from one business (the transferor) to another (the transferee), the employment of any assigned employees will move across to the transferee.
- [AI to take minor judicial decisions in the future](https://www.bermans.co.uk/ai-to-take-minor-judicial-decisions-in-the-future/) - The recent fast-paced developments in artificial intelligence has had workers across a wide variety of sectors looking nervously over their shoulders.
- [Increase in civil penalties for employers found to have employed illegal workers](https://www.bermans.co.uk/increase-in-civil-penalties-for-employers-found-to-have-employed-illegal-workers/) - The government has announced plans to triple the maximum fine it can impose on employers who are found to have employed a person who does not have the right to work in the UK
- [Will I still get my costs back if I win: The Final Countdown to 1 October](https://www.bermans.co.uk/will-i-still-get-my-costs-back-if-i-win-the-final-countdown-to-1-october/) - This is our latest update as the introduction of a fixed costs” regime for most civil court disputes, where the disputed amount is over £10,000 up to £100,000, draws ever nearer.
- [Are you a person with significant control of a business? Be aware of new legislation](https://www.bermans.co.uk/are-you-a-person-with-significant-control-of-a-business-be-aware-of-new-legislation/) - The PSC or ‘persons with significant control’ register is a new statutory register which will effect UK Companies and LLPs from 6 April 2016 that will form part of the statutory books of the company. The register will contain details of ultimate beneficial owners and controllers, and details of company’s holding, which will ensure this
- [COT3 settlement agreements](https://www.bermans.co.uk/cot3-settlement-agreements/) - COT3 settlement agreements, negotiated and arranged by Acas, can be a cheap and easy way to settle employment tribunal claims. The Court of Appeal has considered a case where an employee brought a claim after signing a COT3, the terms of which the employer said prevented him from bringing the claim.
- [Will I get my costs back if I win?](https://www.bermans.co.uk/will-i-get-my-costs-back-if-i-win/) - You are about to sue a customer for unpaid invoices, or a supplier for faulty goods or services – or maybe they are suing you. The case will be disputed. You are confident you will win but you need to know if you can recover your legal costs. Of course, you also need to know
- [Redundancy alternative employment and trial periods](https://www.bermans.co.uk/redundancy-alternative-employment-and-trial-periods/) - A dismissal for redundancy is likely to be unfair unless the employer has considered whether there is suitable alternative employment within the business (or group). If suitable alternative employment is offered, it might be subject to a statutory 4 week trial period if the role, place of work or other terms and conditions are different from the previous job.
- [Share Buybacks – When Are They Void?](https://www.bermans.co.uk/share-buybacks-when-are-they-void/) - A share buyback (a process whereby shares in a company are bought by the company itself and cancelled) is a popular and relatively less-complex way for companies to provide an exit route for, or return surplus cash to, its shareholders.
- [Ramadan – considerations for employers](https://www.bermans.co.uk/ramadan-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.
- [Spring 2023 Budget: Get back to work!](https://www.bermans.co.uk/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:
- [Is there really a risk that TUPE might be sailing off into the ‘sunset’?](https://www.bermans.co.uk/is-there-really-a-risk-that-tupe-might-be-sailing-off-into-the-sunset/) - The Retained EU Law (Revocation & Reform) Bill, which is currently rumbling through the House of Lords, will lead to the removal of EU-derived secondary legislation at the end of this year unless it is specifically preserved – the so-called ‘sunsetting’ provisions. The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) is one of the significant pieces of employment legislation which would be vulnerable to removal.
- [How to judge whether misconduct ‘arises from a disability’](https://www.bermans.co.uk/how-to-judge-whether-misconduct-arises-from-a-disability/) - Under section 15 Equality Act 2010, ‘discrimination arising from a disability’ occurs where an employer treats a candidate or employee ‘unfavourably’ because of something arising in consequence of a disability and it is not able to objectively justify that treatment.
- [Communicating dismissal in ‘without prejudice’ correspondence](https://www.bermans.co.uk/communicating-dismissal-in-without-prejudice-correspondence/) - You might think that it would be tricky for an employer to dismiss an employee without meaning to. A recent Employment Appeal Tribunal decision highlights the importance of careful drafting when making offers of settlement to an employee.
- [Rate increases](https://www.bermans.co.uk/rate-increases/) - The Government has announced the employment law rate changes that come into force in April 2023. From 1 April 2023: • National Living Wage for workers aged 23 and over increased to £10.42 per hour • For workers aged 21-22 the rate increased to £10.18 per hour • For workers aged 18-20 the rate increased to £7.49 per hour • For workers aged 16-17 and those on apprenticeships the rate increased to £5.28 per hour From 2 April 2023 Statutory Maternity Pay, Statutory Paternity Pay, Shared Parental Pay, Statutory Parental Bereavement Pay and Statutory Adoption Pay all rose to a maximum of £172.48 per week.
- [Employment status and substitution clauses](https://www.bermans.co.uk/employment-status-and-substitution-clauses/) - A recent Employment Appeal Tribunal decision has set out further guidance on how tribunals should approach the issue of employment status.
- [A ‘relevant agreement’ on holiday can’t result in a lower payment than you would get under the calculations set out in the Working Time Regulations 1998](https://www.bermans.co.uk/a-relevant-agreement-on-holiday-cant-result-in-a-lower-payment-than-you-would-get-under-the-calculations-set-out-in-the-working-time-regulations-1998/) - The Working Time Regulations 1998 set out the key rules regarding holiday rights in the UK, including holiday pay.
- [Always check your email recipients before hitting ‘send’](https://www.bermans.co.uk/always-check-your-email-recipients-before-hitting-send/) - A man has revealed that he learnt he had been unsuccessful in a job application after the company’s HR department accidentally copied him into an email chain.
- [Interim relief refused in non-competition injunction case](https://www.bermans.co.uk/interim-relief-refused-in-non-competition-injunction-case/) - Employees sometimes have clauses in their contracts of employment which, on termination of employment, limit their ability to work in competition with their ex-employer
- [In harassment claims it is the ‘purpose’ or ‘effect’ of the behaviour which is relevant](https://www.bermans.co.uk/in-harassment-claims-it-is-the-purpose-or-effect-of-the-behaviour-which-is-relevant/) - The legal provisions dealing with workplace harassment in the Equality Act 2010 state that: “A person (A) harasses another (B) if— (a) A engages in unwanted conduct related to a relevant protected characteristic, and (b) the conduct has the purpose or effect of— (i) violating B's dignity, or (ii) creating an intimidating, hostile, degrading, humiliating
- [National Minimum Wage – the ‘name and shame’ approach highlights the risks of getting it wrong](https://www.bermans.co.uk/national-minimum-wage-the-name-and-shame-approach-highlights-the-risks-of-getting-it-wrong/) - The burden of wage costs is high, particularly in labour intensive sectors such as retail. However, the risks of failing to pay NMW are significant.
- [Neonatal Leave and Protection from Redundancy Bills get Royal Assent](https://www.bermans.co.uk/neonatal-leave-and-protection-from-redundancy-bills-get-royal-assent/) - Under new laws, parents will receive additional support in relation to neonatal care and additional workplace protection from redundancy during pregnancy and family leave.
- [EU Law to remain on the statute books unless specifically revoked](https://www.bermans.co.uk/eu-law-to-remain-on-the-statute-books-unless-specifically-revoked/) - The government has announced in a written statement to parliament that it is abandoning the sunset clause in the Retained EU Law (Revocation and Reform) Bill.
- [Religion and belief discrimination – manifestation of belief and how employers need to tread-carefully in action taken as a result](https://www.bermans.co.uk/religion-and-belief-discrimination-manifestation-of-belief-and-how-employers-need-to-tread-carefully-in-action-taken-as-a-result/) - In the recent case of Higgs v Farmor’s School the claimant was dismissed from her role as a pastoral administrator after putting posts on Facebook which criticised aspects of relationship education in primary schools which she saw as contrary to Biblical teaching.
- [Harassment – you cannot be harassed if you were not aware of the conduct in question](https://www.bermans.co.uk/harassment-you-cannot-be-harassed-if-you-were-not-aware-of-the-conduct-in-question/) - In the recent case the claimant attempted to argue that he had suffered harassment by reason of conduct which he was not aware of at the time it occurred.
- [Commercial rent arrears: the new law](https://www.bermans.co.uk/commercial-rent-arrears-the-new-law/) - Late March saw the end of some long-standing temporary changes in the law due to COVID-19, and the introduction of some new ones! Commercial landlords and tenants are affected.
- [Menopause breaking the taboo in the workplace](https://www.bermans.co.uk/menopause-breaking-the-taboo-in-the-workplace/) - 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.”
- [Fee Earner Focus: Q&A - Sophie Robertson (Employment)](https://www.bermans.co.uk/fee-earner-focus-qa-sophie-robertson-employment/) - Sophie Robertson (pictured), qualified as a Solicitor in September 2019 and joined Bermans upon qualification as a Solicitor in the Employment team in Liverpool.
- [Who Is Your Contract With?](https://www.bermans.co.uk/who-is-your-contract-with/) - 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.
- [Place-Based Impact Investment – an opportunity for SMEs and OMBs?](https://www.bermans.co.uk/place-based-impact-investment/) - 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 Insolvency Service continues its stance against BBLS abuse, as the number of director disqualifications more than doubled in a year](https://www.bermans.co.uk/the-insolvency-service-continues-its-stance-against-bbls-abuse-as-the-number-of-director-disqualifications-more-than-doubled-in-a-year/) - A Manchester Law firm made a request under the Freedom of Information Act 2000 (FOI) in respect of the Bounce Back Loan scheme (BBLS), and the number of directors that were disqualified where the company had taken out a BBLS facility.
- [Will I get my costs back if I win: Countdown to 1 October 2023](https://www.bermans.co.uk/will-i-get-my-costs-back-if-i-win-countdown-to-1-october-2023/) - This is our latest update as we draw near to the introduction of a “fixed costs” regime for most civil court disputes (including those involving businesses), where the amount at stake is over £10,000 up to £100,000. When is the fixed costs regime coming in? Almost certainly on 1 October 2023, only months away. The changes had been in the pipeline for several years but the draft court rules have now been published and the final version is expected very shortly.
- [Share buy-backs - what you need to know](https://www.bermans.co.uk/share-buy-backs/) - The last month has seen two prominent North West brands, Pets at Home and Franchise Brands, announcing share buy-back programmes. There are many benefits in undertaking this activity, including returning value to shareholders or providing an exit route.
- [Fee Earner Focus: Q&A - Laura McMorland (Corporate)](https://www.bermans.co.uk/fee-earner-focus-qa-laura-mcmorland-corporate/) - Laura McMorland joined Bermans in March 2023 and is a Senior Associate in our Corporate team. We spoke to her to learn more about her and her work.
- [Flexible working bill achieves Royal Assent](https://www.bermans.co.uk/flexible-working-bill-achieves-royal-assent/) - The Employment Relations (Flexible Working) Bill received its Royal Assent on 20 July 2023.
- [Rebecca Fan](https://www.bermans.co.uk/rebecca-fan/) - Rebecca joined Bermans in September 2016 as a Consultant in the Property team and advises a variety of clients from SMEs, private individuals and international investors.
- [Martin March](https://www.bermans.co.uk/martin-march/) - Martin is a Partner in Bermans insolvency and restructuring team and joined in 2020. He has a law degree and qualified as a solicitor in 1998.
- [Rights of Subcontractors](https://www.bermans.co.uk/rights-of-subcontractors/) - The rush hour commute into Manchester City Centre ground to a halt one morning last month as a disgruntled subcontractor chose to block one of the key routes with plant hire vehicles. The protest was against of non-payment by Dawnus Construction, the main contractor appointed by Manchester City Council to carry of a £15 million road improvement scheme in Manchester and Salford.
- [Regulation and Business Customers](https://www.bermans.co.uk/regulation-and-business-customers/) - With the new Consumer Duty coming into force it was something of a surprise to many (including us) that the FCA’s revised rules appeared to in effect extend beyond the usual definition of a “retail customer” as “an individual who is acting for purposes which are outside his trade, business or profession,” so that for
- [Lessor’s Exclusion Clause Upheld](https://www.bermans.co.uk/lessors-exclusion-clause-upheld/) - A recent case in the Commercial Court has provided a welcome and rare illustration of a court ruling in favour of the reasonableness of a Lessor’s exclusion clause in a Hire Purchase agreement.
- [Bermans announce two Partner promotions](https://www.bermans.co.uk/bermans-announce-two-partner-promotions/) - Bermans, a leading North West law firm, have announced two promotions, which will see Senior Associates, Melanie Morris and Alissa Marsh, become Partners.
- [Test for Mitigation of Loss by Lessor](https://www.bermans.co.uk/test-for-mitigation-of-loss-by-lessor/) - In the recent High Court case of Praetura Asset Finance Ltd v S Line Rentals [2023] EWHC 889 (Comm) the court considered the nature and extent of a Lessor’s common law obligation to mitigate its loss when claiming in relation to a repossessed asset. The case involved a sale and Hire Purchase Back of a
- [Unsuccessful Lessor not entitled to contractual litigation costs](https://www.bermans.co.uk/unsuccessful-lessor-not-entitled-to-contractual-litigation-costs/) - Lease Agreements will normally always contain express provisions for Lessors to recover costs incurred against the Lessee in a wide variety of circumstances, and a recent case in the Commercial Court gave rise to a novel argument by a Lessor seeking to invoke the right to claim costs under a contractual provision in a situation where the court had exercised its discretion to disallow some of the costs it had incurred and to award some of the Lessee’s costs against it.
- [Corporation Tax Increase 2023 – What does it mean for your business and how to reduce your tax bill?](https://www.bermans.co.uk/corporation-tax-increase-2023-what-does-it-mean-for-your-business-and-how-to-reduce-your-tax-bill/) - There has been some uncertainty in the past year as to whether the corporation tax increase will be enacted from 1 April 2023. Initially, the increase was scrapped in the Mini Budget September 2022 which was later reinstated in October 2022. However, it is now clear that the corporation tax is scheduled to increase from the current rate of 19% to 25% (main rate) beginning on 1 April 2023.
- [Bermans is proud to be supporting Bruntwood SciTech’s ‘Manchester’s Female Founders Incubator programme](https://www.bermans.co.uk/bermans-are-proud-to-be-supporting-bruntwood-scitechs-manchesters-female-founders-incubator-programme/) - Bermans is proud to be supporting Bruntwood SciTech’s ‘Manchester’s Female Founders Incubator programme’
- [Jon Davage appointed as Bermans first Managing Director](https://www.bermans.co.uk/jon-davage-appointed-as-bermans-first-managing-director/) - Bermans have appointed Jon Davage as its first Managing Director. Jon, joined Bermans in January 2012, and has been instrumental in driving the expansion of the firm
- [ACAS Guidance on dismissal and re-engagement](https://www.bermans.co.uk/acas-guidance-on-dismissal-and-re-engagement/) - At Bermans, we have extensive experience of successfully negotiating contractual changes, implementing dismissal and re-engagement in the appropriate circumstances, or defending employers in Employment Tribunal proceedings arising from dismissal and re-engagement.
- [Changes to National Minimum Wage, statutory rates of pay and compensation](https://www.bermans.co.uk/changes-to-national-minimum-wage-and-statutory-rates-of-pay/) - For those aged 23 and over, the national living wage has increased from £8.91 to £9.50 per hour. New rates for the national minimum wage are as follows.
- [David and Goliath Intellectual Property Disputes – A way forward for SMEs](https://www.bermans.co.uk/david-and-goliath-intellectual-property-disputes-a-way-forward-for-smes/) - Intellectual property rights are valuable assets of your business and it is important that you take steps to protect them. You can do this by registering your rights and ensuring that anyone infringing those rights is stopped as soon as possible.
- [How FinTech could be the future of your business](https://www.bermans.co.uk/how-fintech-could-be-the-future-of-your-business/) - ‘FinTech’ or financial technology is a phrase increasingly used in the media, the finance sector and the business world in general. In the broadest sense, financial technology is any technology that is used and applied in the financial services sector which improves the delivery of financial services. But what does that mean and why should
- [A helping hand to resolve shareholder disputes](https://www.bermans.co.uk/a-helping-hand-to-resolve-shareholder-disputes/) - It was sadly inevitable that the Covid pandemic would push the UK economy into a recession. Unfortunately, the money worries that result from a recession can and often do affect relationships, whether they be personal or business relations. Even the strongest of relationships have been known to breakdown when finances are tight and the current situation may well have caused the most severe financial pressures that some business owners have ever experienced.
- [The Law Commission recommendations](https://www.bermans.co.uk/the-law-commission-recommendations/) - With better days hoped for ahead, we ask what the Law Commissions recommendations on extending time limits and enlarging Employment Tribunal jurisdiction may mean for employers. Politically, there may be willingness in future days to recognise the contributions of workers during Covid-19, in a departure from the predominant mindset when the current Government swept into number 10.
- [Managing international business visitors without risk](https://www.bermans.co.uk/managing-international-business-visitors-without-risk/) - As the World starts to open up again, we look at what you need to consider if your business has employees in other countries who are visiting the UK to work.
- [Business Immigration offer](https://www.bermans.co.uk/business-immigration-offer/) - Bermans specialist Business Immigration team provides professional advice to UK and international businesses and investors.
- [Praesidium HR Enquiry form](https://www.bermans.co.uk/praesidium-hr-enquiry-form/) - Praesidium is a fixed-fee employment package for employers large and small, which provides guidance on all aspects of employment from recruitment to termination. Bermans offers Praesidium as a full package or for a more tailored service, businesses can cherry-pick which elements of the service are most appropriate to you. Complete the
- [The new UK immigration system - advice for employers and employees](https://www.bermans.co.uk/the-new-uk-immigration-system-advice-for-employers-and-employees/) - There has been a massive overhaul of the UK’s immigration rules as part of the UK’s exit from the EU and the end of free movement for EU citizens in the UK.
- [Universities forced to address the issue of fire safety full on](https://www.bermans.co.uk/universities-forced-to-address-the-issue-of-fire-safety/) - Following the Grenfell tragedy and the recent student accommodation fire in Bolton, the pressure is on for Universities to ensure that their whole estate is “fully fire safe”.
- [Bermans ranked #1 lawyers by Business Money](https://www.bermans.co.uk/bermans-ranked-1-lawyers-by-business-money/) - Our Asset Based Lending team lead by Alex Chapman and David Gledhill is delighted to have been ranked #1 lawyers in the Business Money Receivables survey. Bermans team has consistently ranked #1 since 2018 in the Business Money poll and we are grateful to all our clients and contacts who responded to the poll and
- [New Vacancy – Property Finance Paralegal](https://www.bermans.co.uk/new-vacancy-property-finance-paralegal-2/) - We are looking for an experienced and enthusiastic Property Finance Paralegal to join our Property and Construction team. The existing team is friendly, hard-working and welcoming and we are seeking a like-minded individual. Start date: Immediate Location: Liverpool city-centre office Job Type: Permanent Hours: Full-time Key duties: Responsibility for progressing a caseload from start to
- [Factor’s Claim for summary judgment based on fraud fails](https://www.bermans.co.uk/factors-claim-for-summary-judgment-based-on-fraud-fails/) - There are a few very few cases in the law reports dealing specifically with factoring or invoice discounting, so we always pay particular attention to those that are reported, and in this respect it is worth reflecting upon the recent decision of the High Court in Elevar Finance SPV Photon LLC v Mr Sabesan Somasundaram
- [Electronic execution of Documents: industry working group final Report](https://www.bermans.co.uk/electronic-execution-of-documents-industry-working-group-final-report/) - The Industry Working Group on Electronic Execution of Documents set up by the Government in response to the 2019 Law Commission Report has published its final report.
- [Challenge to witnessing of Deed of Guarantee fails](https://www.bermans.co.uk/challenge-to-witnessing-of-deed-of-guarantee-fails/) - There has been understandable focus recently on the question of virtual witnessing of documents such as Deeds of Guarantee which require the presence of a witness, a topic dealt with in our last Briefing and to which we will return later in this one. It is important however to remember that the vast majority of
- [Less favourable treatment of part-time workers](https://www.bermans.co.uk/less-favourable-treatment-of-part-time-workers/) - 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.
- [Mitigation of Loss in Unfair Dismissal cases](https://www.bermans.co.uk/mitigation-of-loss-in-unfair-dismissal-cases/) - 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.
- [A sensible limit on implied terms](https://www.bermans.co.uk/a-sensible-limit-on-implied-terms/) - 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.
- [Tee-ing off at 10am? – remote working and the rise in demand for daytime leisure activities](https://www.bermans.co.uk/tee-ing-off-at-10am-remote-working-and-the-rise-in-demand-for-daytime-leisure-activities/) - 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.
- [Bermans sponsors Blockchain Meetup](https://www.bermans.co.uk/bermans-sponsor-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 our Commercial and IP team, who has been a
- [EU GDPR - will this affect your business?](https://www.bermans.co.uk/eu-gdpr-will-this-affect-your-business/) - Remember the introduction of the General Data Protection Regulation (GDPR) that overhauled data protection rules a couple of years ago and required lots of changes to how individuals’ data was stored and processed? Since the end of the Brexit transition period on 31 December 2020,
- [Get your ecommerce business ready for online sales](https://www.bermans.co.uk/get-your-ecommerce-business-ready-for-online-sales/) - Ecommerce has seen remarkable growth over recent years, especially during lockdown, and is changing the landscape of how people buy and sell goods and services. The growth in ecommerce is shifting activity away from the high street to digital means, which in turn is changing the way businesses operate.
- [Protection of Intellectual Property (IP)](https://www.bermans.co.uk/protection-of-intellectual-property-ip/) - Intellectual 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:
- [Asset Finance: Consumer Duty Countdown](https://www.bermans.co.uk/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.
- [Asset Finance: Wholesale Reform of CCA regime](https://www.bermans.co.uk/asset-finance-wholesale-reform-of-cca-regime/) - The 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.
- [Asset Finance: HM Treasury consults on reform of Consumer Credit Act](https://www.bermans.co.uk/asset-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.
- [Asset Finance: Taking Security from “Protected Persons”](https://www.bermans.co.uk/asset-finance-taking-security-from-protected-persons/) - As long ago as 2001 in the landmark case of Royal Bank of Scotland Plc v Etridge [2001] UKHL 44 the House of Lords (since renamed the UK Supreme Court) significantly extended the circumstances in which a financier will be put on constructive notice of misrepresentation or undue influence committed against an individual executing a Guarantee or other security, but there remains a great deal of misunderstanding of the relevant principles.
- [Boardroom and shareholder disputes](https://www.bermans.co.uk/boardroom-and-shareholder-disputes/) - Although the possibility is often overlooked at the outset of a business relationship, disputes in the boardroom or between shareholders can arise for a wide variety of reasons. Once the battle lines are drawn, this kind of dispute can become hugely disruptive and expensive, so it’s important to do what you can to prepare for
- [Landlord OR Tenant ?– We can help !](https://www.bermans.co.uk/landlord-or-tenant-we-can-help/) - Did you know? Despite the end of the agreed term lease, tenants of business premises have the right to remain in occupation of the premises, and the right to apply to the Court (if necessary) for the grant of a new lease. The Landlord and Tenant Act 1954 (“the Act”) governs the relationship between you
- [Pokemon GO..to Court?](https://www.bermans.co.uk/pokemon-go-to-court/) - Imagine the scene, dear readers, in the Manchester Law Society Messenger Editorial Committee meeting, when some fool looking to fill column inches suggested an article about legal issues relating to an app based around misguided 90s nostalgia. I am that fool. Yes, if you're a smartphone devotee, of a certain age who thought SMTV was
- [Bribery Act 2010 - A Reminder](https://www.bermans.co.uk/bribery-act-2010-a-reminder/) - For 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. Section 7 of the Act provides that a commercial organisation commits a criminal offence where it fails to prevent bribery by
- [What are my duties as a director?](https://www.bermans.co.uk/what-are-my-duties-as-a-director/) - If you are a director of a limited company in the UK, then you owe a wide range of duties to that company. Breaches of duty can give rise to personal liability and, in some cases, criminal sanctions so a proper understanding of your duties and responsibilities is essential. Often, a director will be ignorant
- [What protection do I have as a shareholder?](https://www.bermans.co.uk/what-protection-do-i-have-as-a-shareholder/) - All shareholders in UK companies have certain rights in relation to their shares and in relation to the company. Whilst the precise rights that a shareholder enjoys will vary depending on the size of their shareholding (the larger the shareholding, the greater the number of rights enjoyed by the shareholder), certain basic rights and protections
- [Is Forfeiture the Answer?](https://www.bermans.co.uk/is-forfeiture-the-answer/) - Local high streets, town centres and out of town retail parks are all sporting empty units as retailers continue to find market conditions tough. In the last 12 months we have seen some big names disappear such as House of Fraser, HMV and Better Bathrooms and we have seen other retailers reduce their portfolio by
- [Do you need a ‘Company Will’?](https://www.bermans.co.uk/do-you-need-a-company-will/) - If you are a business owner, in business with one or more partners, have you taken time to consider what might happen to the business if you, or one of them, were suddenly not around or capable of taking part? It is a common scenario – two business partners have incorporated a company, each a
- [Don’t Let Your Debtors Lock You Down! November 2020 Update](https://www.bermans.co.uk/dont-let-your-debtors-lock-you-down-november-2020-update/) - 10 tips for reviewing and implementing your credit control procedures: Revisited. The impact of COVID-19 on businesses continues to be severe, as recent statistics show. In the UK as a whole the most recent ONS statistics show that nearly 30% of businesses, which have not closed permanently, continue to regard themselves as at moderate or severe risk of insolvency.
- [Six Promotions at Bermans](https://www.bermans.co.uk/six-promotions-at-bermans/) - Bermans, commercial law firm in Liverpool and Manchester, is delighted to announce that it has promoted 6 individuals to more senior roles at the firm. Andrew Henderson joined Bermans in 1985 and has developed an expertise in asset finance litigation. He has been made a Partner and joins Alex Chapman, David Gledhill and Jonathan Berkson as partners in the specialist Asset Based Lending team that is ranked in the Legal 500 London Asset Finance Lending rankings.
- [Free legal audit for your business](https://www.bermans.co.uk/free-legal-audit-for-your-business/) - We frequently advise business owners on disputes that arise due to poorly drafted contracts, outdated documentation or business relationships in which the terms have never been documented in writing - leading to confusion between the parties as to what the actual terms are. These disputes can prove costly and time consuming for businesses of any
- [Don’t Let Your Debtors Lock You Down!](https://www.bermans.co.uk/dont-let-your-debtors-lock-you-down/) - Reviewing and implementing your credit control procedures. COVID-19 and the resulting lockdown are having a huge impact on the cashflow of most businesses. 25% of UK businesses have temporarily closed down; 38% of businesses still in operation have reported substantially lower turnover; and 36% of firms have 3 months or less of cash reserves left.
- [Welcome news for commercial tenants but not for landlords](https://www.bermans.co.uk/welcome-news-for-commercial-tenants-but-not-for-landlords/) - The moratorium on evictions for tenants who are behind on their rent has been extended until the end of 2020. The restriction was set to be lifted on the 30th September 2020 but the secretary of state for housing, Robert Jenrick, announced an extension to give struggling retailers and other businesses a chance to “focus on rebuilding their business over the Autumn and Christmas period”.
- [Big reforms announced for leasehold property laws](https://www.bermans.co.uk/big-reforms-announced-for-leasehold-property-laws/) - In January 2021, the Ministry of Housing, Communities and Local Government unveiled sweeping changes that they plan to implement to the home ownership rules that, according to their press release will be part of “the biggest reforms to English property law for 40 years, fundamentally making home ownership fairer and more secure”.
- [Take control of your lease](https://www.bermans.co.uk/take-control-of-your-lease/) - Many businesses will take on business premises for a fixed time period and then only consider important milestone dates once they arrive, sometimes using a reminder from their landlord as a trigger. Bermans can help you take control of the process and put you in a better bargaining position with your landlord by considering all
- [Bermans advise Administrators of Bolton Whites Hotel Limited](https://www.bermans.co.uk/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
- [Forfeiture of Commercial Leases](https://www.bermans.co.uk/forfeiture-of-commercial-leases/) - Andrew Koffman Landlords cannot at present evict their tenants due to rent arrears, as one of a number of Government measures introduced to ease the burden on businesses due to the Coronavirus. Tenants will have welcomed this measure; their landlords almost certainly less so.
- [Major changes to Planning ‘use classes’ system](https://www.bermans.co.uk/major-changes-to-planning-use-classes-system/) - In a bid to make it easier to repurpose town centres and high streets across England and Wales, the Government has made major changes to the ‘use classes’ that businesses must operate within for planning purposes.
- [Practical advice for Landlords and Tenants of commercial property](https://www.bermans.co.uk/practical-advice-for-landlords-and-tenants-of-commercial-property/) - COVID 19 has left our city centres empty with office workers working from home and staying out of the office, shoppers shopping online with shops closed, restaurants and cafes closed or providing collection only services. As businesses have suffered a dramatic drop in revenue they have looked to reduce overheads in the short term to aid their survival.
- [Changes to SDLT](https://www.bermans.co.uk/changes-to-sdlt/) - One of the more surprising handouts from the chancellor in response to the pandemic was the stamp duty holiday. As it comes to an end we explore what impact this will have on the housing market. Stamp duty is the tax you pay on property purchases.
- [First Covid-related claim](https://www.bermans.co.uk/first-covid-related-claim/) - Sections 100(1)(d) and (e) of the Employment Rights Act 1996 provide employees with protection from dismissal if they leave the workplace, refuse to return to it, or take other steps to protect themselves, if they reasonably believe there is serious and imminent danger. The first Covid-related claim of this nature reached the Court of Appeal in Rodgers v Leeds Laser Cutting.
- [Unfair dismissal – redundancy](https://www.bermans.co.uk/unfair-dismissal-redundancy/) - If an employee wins an unfair dismissal case, the employment tribunal will decide how much compensation is due. If the employer has made procedural errors during the dismissal, and the tribunal decides that the employee would have been dismissed anyway had a fair procedure been followed, the tribunal can reduce compensation to zero.
- [DWP rate increases](https://www.bermans.co.uk/dwp-rate-increases/) - The DWP has published its annual increases for various employment related pay rates which will take effect in April 2023. Statutory maternity, paternity, shared parental and parental bereavement pay will increase from £156.66 to £172.48. Statutory sick pay will go up from £99.35 to £109.40. National minimum wage levels will also increase in April 2023:
- [Disability discrimination](https://www.bermans.co.uk/disability-discrimination-4/) - Employers are obliged to make reasonable adjustments to remove or reduce any substantial disadvantage that disabled employees experience because of workplace arrangements. In Hilaire v Luton Borough Council, the EAT has confirmed the limits of that requirement. The employee was disabled. The employer went through a reorganisation and needed to make redundancies.
- [Employment status](https://www.bermans.co.uk/employment-status/) - The EAT has given judgment in an employment status claim which confirms that the ‘label’ that parties place on a working relationship is only one piece of the puzzle. Too much weight must not be given to that label if the reality of the relationship suggests something different. In Richards v Waterfield Homes and Unity Build and Repairs, the employee worked for the business as a skilled carpenter.
- [Compensation – unfair dismissal](https://www.bermans.co.uk/compensation-unfair-dismissal/) - If an employee wins a claim for unfair dismissal, a tribunal will decide what compensation is fair in the circumstances. The stakes are raised in a whistleblowing unfair dismissal because the statutory unfair dismissal compensation cap (currently £93,878 or a year’s gross pay, whichever is less) does not apply. Employees are required to ‘mitigate’ their losses by seeking employment elsewhere. If there are additional reasons why the employee in a whistleblowing case has not been able to secure alternative employment - because of stigma associate with the whistleblowing - they will need to provide evidence in support of that contention.
- [Discrimination arising from disability](https://www.bermans.co.uk/discrimination-arising-from-disability/) - Dismissing an employee with a disability can seem risky but is not always unfair, even where the reason for dismissal is impacted by the disability. The EAT has recently upheld a tribunal’s findings that an employee’s dismissal was justified in a case where disability potentially impacted the behaviour for which she was dismissed. In Morgan v Buckinghamshire Council, the employee was a Supervising Social Worker.
- [Exclusivity clauses](https://www.bermans.co.uk/exclusivity-clauses/) - Exclusivity clauses are terms which prevent an employee from taking up work elsewhere or require an employee to ask permission before working for another business. These clauses have been unenforceable in zero hours contracts since 2015. From December 2022, they are also banned in contracts for low paid workers.
- [To text or not to text](https://www.bermans.co.uk/to-text-or-not-to-text/) - Is it harassment to text a colleague in the wee small hours? Not accordingy to nkojihuy790- Mainali v New Godalming Sushi Limited. Mr Mainali was a sushi chef in business with a colleague, Mr Lohani, to provide sushi at Waitrose. Me Lohani was the main shareholder in the business. Relationships deteriorated. Mr Lohani sent a rota to staff on a group WhatsApp after midnight.
- [Employment Law Update December 2022](https://www.bermans.co.uk/employment-law-update-december-2022/) - There have been some key updates in Employment Law recently, which may have flown under the radar with everyone gearing up to enjoy the Christmas and New Year holiday. In this article, we summarise the key updates for your benefit.
- [Debt recovery: Range of fixed fees](https://www.bermans.co.uk/debt-recovery-range-of-fixed-fees/) - Charges from 1st July 2022 Stage 1 – Pre litigation: Letter Before Action Debtor is an individual: Protocol Claim £30.00+VAT Debtor is a Limited Company or Partnership (LLP): Non-Protocol Claim £25.00+VAT This includes taking instructions, preparing and issuing letter by 1st Class post. The debtor will be advised to send any payments and communication
- [Update on Electronic Execution of Documents](https://www.bermans.co.uk/update-on-electronic-execution-of-documents/) - In our autumn 2019 Briefing we welcomed the Law Commission’s final report on Electronic Execution of Documents and set out our views on certain practical matters including the crucial question of whether those documents requiring attestation of the primary signature by a witness necessitated the physical presence of the witness at the point of signature.
- [Invalidly executed deed of guarantee enforceable in contract](https://www.bermans.co.uk/invalidly-executed-deed-of-guarantee-enforceable-in-contract/) - Our summary of the requirements for formalities of contracts likely to be encountered by invoice financiers referred to above also explains the circumstances in which certain contracts executed as deeds require formalities such as in some cases the presence of a witness.
- [COVID disruption did not trigger force majeure clause](https://www.bermans.co.uk/covid-disruption-did-not-trigger-force-majeure-clause/) - We continue to carefully monitor the law reports for case law which illustrates the impact of the pandemic on invoice financiers, both in terms of: - the legal relationships between financiers, clients and providers of securities such as guarantors; and - legal issues between assignor’s and debtors touching on the enforceability of assigned debts.
- [A Positive Tips on Costs](https://www.bermans.co.uk/a-positive-tips-on-costs/) - Financiers have been, together with almost all other litigants, subject to what seems to be an ever-increasing spiral of expense in navigating the various fees and charges payable under the court system, a trend which is been in place now for almost 2 decades.
- [Courts likely to increase awards of discretionary interest](https://www.bermans.co.uk/courts-likely-to-increase-awards-of-discretionary-interest/) - As the era of unusually low interest rates comes to a close, it is worth paying attention to what rate of interest the courts are likely to allow in relation to successful financial claims.
- [Holiday Pay](https://www.bermans.co.uk/holiday-pay-3/) - Employees are entitled to 5.6 weeks’ holiday under the Working Time Regulations 1998 (WTR). Calculating the holiday pay of someone with no normal working hours can be tricky. Some employers have adopted a percentage approach, by assuming that holiday accrues at a rate of 12.07% of hours worked. This is based on the following calculation: 52 weeks – 5.6 weeks’ holiday = 46.4 weeks; and 5.6 weeks is 12.07% of 46.4 weeks.
- [Brexit and employment law](https://www.bermans.co.uk/brexit-and-employment-law/) - Last month saw the tabling in the House of Commons of the EU Law (Revocation and Reform) Bill. If brought into force, the Bill provides that all EU derived legislation will fall away unless it is specifically retained by a certain date (December 2023, with the option to extend until December 2026).
- [Discrimination – time limits](https://www.bermans.co.uk/discrimination-time-limits/) - Section 123(1) of the Equality Act 2010 says that discrimination claims must be brought within three months of the alleged discriminatory act or such other period that the tribunal thinks is ‘just and equitable’ in the circumstances. An extension of time will be the exception not the rule.
- [TUPE](https://www.bermans.co.uk/tupe/) - When there is a TUPE transfer, all of the transferor’s (the original employer) rights, powers, duties and liabilities connected to the transferring employee’s contract of employment transfer to the transferee (the new employer). The EAT has looked recently at whether a share incentive plan (SIP), whose terms are contained in a collateral contract rather than the contract of employment, transfers during a TUPE transfer.
- [Legal privilege](https://www.bermans.co.uk/legal-privilege/) - Communication between a client and their solicitors for the purposes of getting legal advice, and any documents prepared for the purposes of litigation, are ‘privileged’. This means that they do not have to be disclosed to the other party during any legal proceedings. In University of Dundee v Chakraborty, the employer argued that an original grievance investigation report acquired retrospective privilege and therefore did not need to be disclosed in proceedings.
- [Employment tribunal claims – procedure](https://www.bermans.co.uk/employment-tribunal-claims-procedure/) - Employers may be familiar with employees seeking extensions of time to lodge late employment tribunal claims, for a variety of reasons. In MTN-1 v Daly, the EAT was faced with a case where the boot was on the other foot, and it was the employer who needed more time.
- [Unfair dismissal - continued lateness](https://www.bermans.co.uk/unfair-dismissal-continued-lateness/) - Can continued lateness justify dismissal? The EAT in Tijani v The House of Commons Commission held that it could. The employee had been a cleaner at the House of Commons since June 2015. She was given a first written warning in December 2017 for being late 17 out of 20 days. She got a final written warning, to stay in place for 24 months, for continued lateness in April 2018.
- [Acas guidance on suspension](https://www.bermans.co.uk/acas-guidance-on-suspension/) - 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.
- [Covid and disability status](https://www.bermans.co.uk/covid-and-disability-status/) - 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.
- [Is supporting a football team a philosophical belief](https://www.bermans.co.uk/is-supporting-a-football-team-a-philosophical-belief/) - 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.
- [SME debt is a ticking time bomb](https://www.bermans.co.uk/sme-debt-is-a-ticking-time-bomb/) - UK SMEs are losing more than £40 Billion per year through disputes and have £131 Billion tied up in late payments. YouGov has reported that 82% of SMEs currently have outstanding balances with each firm owed an average £62,957.00.
- [Battle of the Forms](https://www.bermans.co.uk/battle-of-the-forms/) - 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. 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.
- [Russian Sanctions – how they may affect you or your business](https://www.bermans.co.uk/russian-sanctions-how-they-may-affect-you-or-your-business/) - The UK Government recently imposed sanctions on Russia in light of the ongoing crisis in Ukraine. Asset freezes have been imposed on a number of individuals and entities.
- [Sanctions update: UK bans services exports to Russia, cutting Russia off from UK services](https://www.bermans.co.uk/sanctions-update-uk-bans-services-exports-to-russia-cutting-russia-off-from-uk-services/) - Last week, the UK Foreign Secretary, Liz Truss, announced a ban on certain professional and PR services exports from the UK to Russia. The banned services include management consulting, public relations and accounting.
- [Madeleine Byron](https://www.bermans.co.uk/madeleine-byron/) - Madeleine joined Bermans in October 2021 and is a solicitor in the Commercial department
- [Asset Finance: The Scope of Commission Disclosure](https://www.bermans.co.uk/asset-finance-the-scope-of-commission-disclosure/) - Financiers have been, together with almost all other litigants, subject to what seems to be an ever-increasing spiral of expense in navigating the various fees and charges payable under the court system, a trend which is been in place now for almost 2 decades.
- [Off the record conversations](https://www.bermans.co.uk/off-the-record-conversations/) - ‘Without prejudice’ correspondence or conversations, which take place in a genuine attempt to settle a dispute, cannot then be used as evidence in subsequent legal proceedings. There are a few exceptions, including that the without prejudice rules should not be allowed to hide any clear cases of ‘unambiguous impropriety’, such as blackmail or perjury (lying under oath). Unambiguity is the key - the situation must be clear cut.
- [Redundancy](https://www.bermans.co.uk/redundancy-2/) - Normally in employment tribunal cases, the tribunal will only make decisions about issues that are raised in the pleadings (the ET1 and ET3) and/or those agreed between the parties during the case management process. The recent case of Osinuga v BPP University showed that there are exceptions to this general rule. The employee brought claims for unfair dismissal and discrimination.
- [Unfair dismissal - compensation](https://www.bermans.co.uk/unfair-dismissal-compensation/) - If an employee wins an unfair dismissal claim, the employment tribunal can award compensation that they consider to be ‘just and equitable’ bearing in mind the employee’s losses. In most cases, there is a statutory limit on the amount of compensation that can be awarded, currently £93,878 or 52 weeks’ pay, whichever is the lower. Section 124(5) Employment Rights Act 1996 says that the statutory cap should be applied after taking account of any payment made by the employer to the employee in respect of the claim.
- [Discrimination](https://www.bermans.co.uk/discrimination/) - Discrimination arising from disability happens when an employer treats an employee unfavourably because of ‘something’ arising from their disability and the employer cannot justify the treatment as a proportionate way of achieving a legitimate business aim. In DWP v Boyers, the EAT examined a case where the employer had legitimate business aims but the actions they took to achieve them were found to be disproportionate.
- [Restrictive covenants](https://www.bermans.co.uk/restrictive-covenants/) - Restrictive covenants are terms in contracts of employment which restrict the employee’s activities after employment has ended. They will be void - and unenforceable - for being in restraint of trade unless the employer can show it has a legitimate proprietary interest to protect and the clause goes no further than is reasonable to protect it. If an employer thinks that an employee has breached a restrictive covenant, they can apply for an interim injunction to stop the employee’s activities pending a full trial which will decide whether the clause is enforceable.
- [Constructive dismissal](https://www.bermans.co.uk/constructive-dismissal-2/) - An employee is constructively dismissed if the employer fundamentally breaches the contract of employment and the employee resigns in response. A breach of the implied term of trust and confidence will be a fundamental breach of contract. The test is an objective one - is the employer’s conduct likely to destroy or seriously damage the trust and confidence between employer and employee? A constructive dismissal can be created by a series of events as well as a one-off incident.
- [Unfair dismissal - Acas uplifts](https://www.bermans.co.uk/unfair-dismissal-acas-uplifts/) - An employer should follow the Acas Code of Practice on disciplinary and grievance procedures when dealing with grievances or dismissing an employee for disciplinary reasons such as misconduct or poor performance. The Code does not apply to redundancy dismissals. If the employer unreasonably fails to follow the Acas Code, the employment tribunal can increase compensation by up to 25 per cent if it is ‘just and equitable’ to do so.
- [Worker status](https://www.bermans.co.uk/worker-status/) - Section 230(3)(b) ERA says that an individual will be a ‘worker’ if they work under a contract with the company and have agreed to personally perform some work. However, they won’t be a worker if they are running their own business and the company is a client or customer of that business.
- [The B Word](https://www.bermans.co.uk/the-b-word/) - The B word - banter - is a word employers should dread. Good teams will thrive on a joke or two between workplace friends. However, offensive and potentially discriminatory comments can be masked as ‘banter’, indicating to the recipient that taking offence is unreasonable. A culture where banter is acceptable is likely to affect productivity and staff retention.
- [Asset Finance: No Defence when Excavator sold out of Trust](https://www.bermans.co.uk/asset-finance-no-defence-when-excavator-sold-out-of-trust/) - We recently succeeded in full in a claim for damages for conversion on behalf of a financier which raised the apparently novel point of whether a large Excavator fell within the definition of “motor vehicle”.
- [Asset Finance: Two Positive Tips on Costs](https://www.bermans.co.uk/asset-finance-two-positive-tips-on-costs/) - Financiers have been, together with almost all other litigants, subject to what seems to be an ever-increasing spiral of expense in navigating the various fees and charges payable under the court system, a trend which is been in place now for almost 2 decades.
- [Court of Appeal decision on Commercial Confidentiality in Proving Assignment](https://www.bermans.co.uk/court-of-appeal-decision-on-commercial-confidentiality-in-proving-assignment/) - In a recent Briefing we commented on the case of Haydock Finance Limited v Starcruiser Bussing Limited [2021] EWHC 622 (Comm) in which we successfully represented a funder in defeating an unmeritorious challenge, backed up by the debtor’s “expert evidence,” to the technical aspects of an asset financier’s securitisation process.
- [Invoice Finance for Lawyers](https://www.bermans.co.uk/invoice-finance-for-lawyers/) - The business of law has changed significantly over the last couple of decades, ranging from significant developments in terms of the structure and operation of commercial law firms servicing business clients, to the funding models of “ambulance chasing” litigation covering a wide range of claims from alleged financial mis-selling to simple road traffic accident claims.
- [Third Party Debt Orders Ineffective](https://www.bermans.co.uk/third-party-debt-orders-ineffective/) - We were rather surprised recently to see a commercial law firm attempt to impose Third Party Debt Orders (“TPDOs”) both on an invoice financier and on debtors whose debts had been assigned to it, in each case in favour of a claimant who had secured a court judgment against the assignor.
- [Crypto-assets & Tax: NFTs, mining and other transactions  (Part two)](https://www.bermans.co.uk/crypto-assets-tax-nfts-mining-and-other-transactions-part-two/) - Andy Wood is a tax adviser and Barrister with ETC Tax. His clients include entrepreneurs, high-net-worth individuals, sports persons and entertainers and private companies. He believes passionately that all clients should get clear and decisive advice that should be delivered in plain English.
- [Post-Covid World: Debt Recovery (Webinar Event)](https://www.bermans.co.uk/post-covid-world-debt-recovery-webinar-event/) - This 60 minute webinar will take place at 10am on Tuesday 26th April 2022. The session will focus on tips to ensure that your invoices are paid and some steps you can take to protect yourself and to recover outstanding debts. The main topics that we plan to cover are: Impact of Covid-19 Debt collection
- [Special offer for all webinar registrants!](https://www.bermans.co.uk/special-offer-for-all-registrants/) - Webinar: Post-Covid World - Debt Recovery 10am on Tuesday 26th April 2022 Bermans will review your business’s credit control policy and design an updated policy tailored to suit your requirements, completely free of charge. We can provide tips to ensure that your invoices are paid and some steps you can take to protect yourself and to recover
- [Restriction of proceedings orders](https://www.bermans.co.uk/restriction-of-proceedings-orders/) - Employers dread the vexatious litigant. Even the most spurious of tribunal claims takes up valuable management time and incurs legal fees to defend. The judgment of the EAT in Attorney General v Taheri will be a salve to those employers who have previously had their fingers burned by a serial complainer.
- [Agency workers](https://www.bermans.co.uk/agency-workers/) - The Agency Workers Regulations 2010 (AWR) are derived from EU law. They aim to strike a balance between protecting agency workers and preserving the benefits of flexibility that using an agency provides to both businesses and workers. The AWR contain anti-discrimination provisions.
- [Injury to feelings](https://www.bermans.co.uk/injury-to-feelings-2/) - If an employee wins their claim for discrimination they will be entitled to compensation. That compensation may include a payment for injury to feelings. A case called Vento v Chief Constable of West Yorkshire Police set guidelines for how injury to feelings awards should be calculated.
- [Holiday pay](https://www.bermans.co.uk/holiday-pay-2/) - Regulation 14 of the Working Time Regulations 1998 (WTR) sets out a worker’s right to a minimum of 4 weeks’ paid holiday per year which derives originally from the Working Time Directive (WTD). In a case called Bear Scotland v Fulton, the EAT said that a three-month gap between related deductions in a series will break the chain, meaning anything before the three-month gap cannot be claimed.
- [Victimisation](https://www.bermans.co.uk/victimisation/) - Victimisation is a word which is often used incorrectly. Victimisation is a particular kind of discrimination which occurs when an employer treats an employee badly (a detriment) because they have done a ‘protected act’ or the employer believes that they have done, or may do, a protected act. That protected act can include bringing a discrimination claim, raising allegations of discrimination, or being a witness in a discrimination claim.
- [Confidential information](https://www.bermans.co.uk/confidential-information/) - Case law has shown that an employee’s right to privacy is not reduced to zero at work. Article 8 of the European Convention on Human Rights provides that everyone has the right to respect for their private and family life and correspondence. Any breach of that right can result in a misuse of confidential information claim. In Barbulescu v Romania, the employee was dismissed for personal internet use which was banned at work. The employer accessed private emails which the employee had sent to his fiancé and brother as well as his private Yahoo messages from his work computer.
- [PILONs](https://www.bermans.co.uk/pilons/) - Notice is normally needed in order to lawfully end an employment contract. A failure to give notice - by either party - will usually be a breach of contract. Many employers include PILON - payment in lieu of notice - clauses in employment contracts to enable them to end employment early provided they pay the correct notice pay. If an employee resigns, there will be no dismissal.
- [National minimum wage increase from 01 April 2022](https://www.bermans.co.uk/national-minimum-wage-increase-from-01-april-2022/) - The government has confirmed that it has accepted the views of the Low Pay Commission and apply the following increases in the National Living Wage and National Minimum Wage from 1 April 2022
- [P&O Ferries redundancies](https://www.bermans.co.uk/po-ferries-redundancies/) - Even for seasoned employment law practitioners, the decision of P&O to sack its entire workforce with no notice and by pre-recorded video came as a shock. No warnings, no consultation, no in-person discussions.
- [The National Security and Investment Act 2021](https://www.bermans.co.uk/the-national-security-and-investment-act-2021/) - The National Security and Investment Act 2021 (the “Act”) came into force on 4 January 2022, giving the UK government an additional screening process on the grounds of national security. The Act covers a broad range of transactions, requiring mandatory notification if it is connected to one of 17 key sectors.
- [Asset Finance: Fraud in the Arena](https://www.bermans.co.uk/asset-finance-fraud-in-the-arena/) - With the industry still reeling from revelations emerging from the demise of a certain Lessee, and taking into account the sensitivities of referring to any of the specific current or forthcoming matters in which we are instructed, we thought it might be worthwhile making some general remarks on steps which Funders may wish to consider to prevent being the victims of serious fraud going forward.
- [Asset Finance: Courts and Lawyers embracing Technology](https://www.bermans.co.uk/asset-finance-courts-and-lawyers-embracing-technology/) - As we are moving towards the second anniversary of the pandemic it is worth pausing to reflect that, after some initial reluctance, technology has been quite successfully embraced both by lawyers and also by the courts to keep the system running.
- [Asset Finance: Dealing with Broker Commission Refund Claims](https://www.bermans.co.uk/asset-finance-dealing-with-broker-commission-refund-claims/) - In our last Briefing we reported on the Court of Appeal decision on broker commissions in Wood v Commercial First Business Ltd and the rather surprising decision of the NACFB in recommending that “both regulated and unregulated firms, working in all sectors, should be transparent about their commissions and fully disclose the amount of commission received”.
- [Asset Finance: Schools Leasing – law confirmed](https://www.bermans.co.uk/asset-finance-schools-leasing-law-confirmed/) - Readers may recall our lengthy article on the somewhat contentious schools leasing issue in a recent Briefing following the High Court judgment in the Schools Facilities Management case which can be found here.
- [Andy Wood: Crypto-assets & tax Part 1- General principles & taxation of cryptocurrencies (i.e. fungible tokens)](https://www.bermans.co.uk/andy-wood-crypto-assets-tax-part-1-general-principles-taxation-of-cryptocurrencies-i-e-fungible-tokens/) - Andy is a tax adviser and Barrister. His clients include entrepreneurs, high-net-worth individuals, sports persons and entertainers and private companies. He believes passionately that all clients should get clear and decisive advice that should be delivered in plain English.
- [Taking Security from “Protected Persons”](https://www.bermans.co.uk/taking-security-from-protected-persons/) - As long ago as 2001 in the landmark case of Royal Bank of Scotland Plc v Etridge [2001] UKHL 44 the House of Lords significantly extended the circumstances in which a financier will be put on constructive notice of misrepresentation or undue influence committed against an individual executing a Guarantee or other security, but there remains a great deal of misunderstanding of the relevant principles.
- [Disclosure of Brokers’ Commissions](https://www.bermans.co.uk/disclosure-of-brokers-commissions/) - The Court of Appeal has recently handed down judgment in Wood v Commercial First Business Ltd and Others and Business Mortgage Finance 4 plc v Pengelly [2021] EWCA Civ 471, on the issue of broker “secret commissions”.
- [Strike out](https://www.bermans.co.uk/strike-out/) - The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (the Rules) contains the rules on strike out. Rule 37(1) says that a tribunal can strike out all or part of a claim (ET1) or response (ET3) at any stage of the proceedings, of its own accord or following an application by either party, if...
- [David Osrin: Creating a sales campaign](https://www.bermans.co.uk/david-osrin-creating-a-sales-campaign/) - David Osrin is the Managing Director of Music Makers Business Development Consulting Ltd. He started the company in 2004 with the aim of providing business development support to professional and financial services firms.
- [Fee Earner Focus: Q&A - Melanie Morris (Property)](https://www.bermans.co.uk/fee-earner-focus-qa-melanie-morris-property/) - Melanie Morris joined Bermans in January 2015 as a Trainee Solicitor and qualified as a Solicitor in January 2017, becoming a Senior Associate in the Property team in January 2021.
- [Employment Law Newsletter sign up](https://www.bermans.co.uk/employment-law-newsletter-sign-up/)
- [Unlimited Holiday Entitlement](https://www.bermans.co.uk/unlimited-holiday-entitlement/) - Stockbrokers at London firm FinCapp have decided to give their employees unlimited holiday entitlement. After a bumper 6 months for workload and profit, the business has decided to introduce the policy to guard against staff burn out.
- [Whistleblowing](https://www.bermans.co.uk/whistleblowing-4/) - An employee has the right not be subjected to detriment by their employer on the ground that they made a protected disclosure. In deciding whether treatment is done ‘on the ground’ of making a protected disclosure, the tribunal must decide whether the protected disclosure was a material factor in the employer’s decision making but it does not have to be the sole cause.
- [Religion and belief discrimination](https://www.bermans.co.uk/religion-and-belief-discrimination/) - An employment tribunal has found that a fear of catching Covid-19 is not a protected belief under the Equality Act 2010 (EA). Section 10 of the EA says that a belief means any religious or philosophical belief.
- [Disability discrimination](https://www.bermans.co.uk/disability-discrimination-3/) - Section 15 of the Equality Act 2010 deals with discrimination arising from disability. This is where an employee is treated unfavourably because of something arising from their disability. An employer will have a defence if it can show that its actions were a proportionate way of achieving a legitimate business aim.
- [Compensation - Acas uplift](https://www.bermans.co.uk/compensation-acas-uplift/) - Employers must follow the Acas Code of Practice on Disciplinary and Grievance procedures when dealing with employee grievances or dismissing for misconduct or poor performance. If an employer does not follow the Acas Code, an employment tribunal can increase compensation by up to 25 per cent if it is just and equitable to do so.
- [Unfair dismissal](https://www.bermans.co.uk/unfair-dismissal-4/) - For a dismissal to be fair, the reason (or main reason) for the dismissal must be one of the potentially fair reasons under section 98 of the Employment Rights Act 1996. These are capability, conduct, redundancy, statutory illegality, or some other substantial reason (SOSR). The employer must also show that it acted reasonably in all the circumstances, bearing in mind its size and resources, including following a fair procedure.
- [Sickness absence - SSP](https://www.bermans.co.uk/sickness-absence-ssp/) - Eligible employees who are off sick are entitled to statutory sick pay of £96.35 per week for up to 28 weeks. The employee must earn on average £120 or more per week and must be off work for at least 4 days in a row (including non -working days). Medical evidence is usually required for statutory sick pay purposes. Most employers allow employees to self-certify absence of up to 7 days, with a GP note required for longer absences.
- [National minimum wage](https://www.bermans.co.uk/national-minimum-wage-3/) - The law sets out the minimum hourly rates that workers must be paid. It isn’t always as simple as simply paying that minimum rate for each hour worked. Some deductions from the worker’s pay, or payments made by the worker, are relevant and will reduce the amount of the total pay for National Minimum Wage purposes. The worker must still be left with at least the NMW after these deductions or payments are taken into account.
- [Disability and recurring conditions](https://www.bermans.co.uk/disability-and-recurring-conditions/) - A person has a disability if they have a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day to day activities. If an impairment stops having a substantial adverse effect, it will be treated as still having that effect if that effect is likely to recur.
- [Insolvency News: Back to the future – Does the modernisation of the Insolvency Rules represent a step back for creditors?](https://www.bermans.co.uk/back-to-the-future-does-the-modernisation-of-the-insolvency-rules-represent-a-step-back-for-creditors/) - The Insolvency (England & Wales) Rules 2016 will come into effect on 6 April 2017. One of the aims of the 2016 Rules is to modernise and simplify the 1986 Rules and to encourage the use of modern technology, particularly with regard to communications with creditors by email and via the use of websites and
- [Are we about to see an increase in Employment Tribunal claims?](https://www.bermans.co.uk/are-we-about-to-see-an-increase-in-employment-tribunal-claims/) - Fees were introduced into the Employment Tribunal system on 29 July 2013, with claimants being required to pay a fee to issue their claim and another fee in order to progress their claim to a final hearing before an Employment Judge. In addition, parties are now also required to pay fees for things like reconsideration
- [Dress Codes in the Workplace: Is a Makeover of Attitude Required?](https://www.bermans.co.uk/dress-codes-in-the-workplace-is-a-makeover-of-attitude-required/) - Workplace dress codes have been hitting the headlines recently as a result of the challenging (and potentially discriminatory) demands some employers have placed on their female staff. In late 2015 the press reported that Nicola Thorp had been sent home from her agency role as a Receptionist at PwC’s offices in London as a result
- [Employment Tribunal Fees Are Unlawful](https://www.bermans.co.uk/employment-tribunal-fees-are-unlawful/) - In one of the most important legal decisions in recent years in the employment field, the Supreme Court has allowed the appeal of UNISON in its challenge to the introduction of employment tribunal fees. https://www.supremecourt.uk/cases/uksc-2015-0233.html Earlier today it found that the fee regime that has been in place since July 2013 is unlawful. The current
- [Are You Ready For A Tribunal Fee-Free World?](https://www.bermans.co.uk/are-you-ready-for-a-tribunal-fee-free-world/) - July 2013 heralded the introduction of fees in the Employment Tribunals (ETs) and Employment Appeal Tribunal (EAT), with the Government proclaiming its aims were to discourage claimants from pursuing weak “nuisance” claims and to reduce the cost of the system to the tax. While at first glance these would seem to be perfectly reasonable objectives,
- [North West law firm report record financial results](https://www.bermans.co.uk/north-west-law-firm-report-record-financial-results/) - North West law firm Bermans has announced record financial results for the fifth consecutive year, with the firm reporting an increase in turnover of 15% from £5.95M to £6.85M for the financial year ending on 30th June 2019. The firm has benefited from growth in all practice areas, with the transactional departments (property, corporate and
- [Gender Pay Gap Reporting](https://www.bermans.co.uk/gender-pay-gap-reporting/) - It is only since 1997, that any disparities between the average rates of pay for men and women have been recorded. In 2016, the gap for full time employees was 9.4% in favour of men. One interesting detail to these figures is that the gap develops from the age of 40 onwards. Until this point,
- [Refusing to work in protest](https://www.bermans.co.uk/refusing-to-work-in-protest/) - An 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
- [Surveillance cameras at work](https://www.bermans.co.uk/surveillance-cameras-at-work/) - If you think that your employees are stealing from you, you can install a hidden camera to catch them, can’t you? Well, in most situations - no. The European Court of Human Rights decided in Lopez Ribalda and others v Spain that it was a breach of the European Convention on Human Rights to do
- [Detriment for blowing the whistle](https://www.bermans.co.uk/detriment-for-blowing-the-whistle/) - Employees 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
- [Settlement discussions](https://www.bermans.co.uk/settlement-discussions/) - Sometimes 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
- [New data protection regime](https://www.bermans.co.uk/new-data-protection-regime/) - Are 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
- [Renewal of fixed term contract](https://www.bermans.co.uk/renewal-of-fixed-term-contract/) - 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. They had a locum doctor, Ms Drzymala who was employed on a
- [Employment Law: Ignorance of employment rights](https://www.bermans.co.uk/employment-law-ignorance-of-employment-rights/) - A woman who was paid 33 pence per hour as a domestic worker and was unaware of her right to the national minimum wage has been successful in her claim for constructive unfair dismissal under the Employment Rights Act 1996. Ms Mruke was uneducated and illiterate. She was from Tanzania and spoke no English. Ms
- [Employment Law: Disability discrimination – definition of cancer](https://www.bermans.co.uk/employment-law-disability-discrimination-definition-of-cancer/) - Cancer is listed as a disability under the Equality Act 2010, providing sufferers from protection from discrimination. Employers must also make reasonable adjustments to a cancer sufferer’s job to remove any disadvantage they suffer as a result of their cancer. The Employment Appeal Tribunal has now held that pre-cancerous lesions will also amount to a
- [Employment Law: Expectation to work long hours](https://www.bermans.co.uk/employment-law-expectation-to-work-long-hours/) - As an employer you may require your employees to work longer hours from time to time to meet business needs. If you have a disabled employee who cannot work these hours, you may have to make reasonable adjustments under the Equality Act 2010 and allow the employee to work a shorter shift. However, do you
- [Employment Law: Redundancy bumping](https://www.bermans.co.uk/employment-law-redundancy-bumping/) - A redundancy arises when there is a reduction in the employer’s requirements for employees to carry out work of a particular kind. Sometimes an employee whose role is redundant can be redeployed into another role in the organisation. The occupier of that second role can be fairly dismissed instead – even though their role is
- [Employment Law: Duty to disclose relationships](https://www.bermans.co.uk/employment-law-duty-to-disclose-relationships/) - The Supreme Court has decided that a head teacher, Ms Reilly was fairly dismissed for gross misconduct, for failing to disclose to her school’s governing authority the fact that she had a close relationship with a sex offender. The teacher argued that she was under no duty to disclose the relationship. There was no clear
- [Employment Law: Dismissal of pregnant employee](https://www.bermans.co.uk/employment-law-dismissal-of-pregnant-employee/) - Do you have to reconsider a decision to dismiss an employee if you later find out she is pregnant? Ms Thompson was employed by Really Easy Car Credit, to do online telesales. She had worked there for a short time before discovering she was pregnant. During that time her performance was described as “average at
- [North West law firm strengthens employment law offering with new team](https://www.bermans.co.uk/north-west-law-firm-strengthens-employment-law-offering-with-new-team/) - North west commercial law firm Bermans has recently strengthened their employment law offering with a new expanded team, welcoming four new solicitors to the department throughout 2019 so far. The firm, which has offices in Liverpool and Manchester, put plans in place to expand their employment team to cope with increasing work loads during the
- [Making your breakthrough with tried and tested tax efficient investment](https://www.bermans.co.uk/making-your-breakthrough-with-tried-and-tested-tax-efficient-investment/) - Whilst being nothing new to the market place, the Enterprise Investment Scheme (EIS) introduced over 20 years ago has been the launch pad for many ideas and developments that have gone on to bring great return and growth for small high risk companies that would have otherwise struggled to raise debt or equity finance. Statistics
- [Consumer Contracts (Alternative Dispute Resolution Regulations 2015) – new requirement for on-line sellers](https://www.bermans.co.uk/consumer-contracts-alternative-dispute-resolution-regulations-2015-new-requirement-for-on-line-sellers/) - Businesses selling on line should now be used to EU derived regulation applicable to on line sales. In the latest major change to the legal requirements for businesses selling on line since the introduction in 2014 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the European Commission’s On-line Dispute Resolution (ODR) site
- [General Data Protection Regulation: What it means to business](https://www.bermans.co.uk/general-data-protection-regulation-what-is-means-to-business/) - The Regime The current legislation in relation to data protection in England and Wales is the Data Protection Act 1998 which was derived from the European wide Data Protection Directive (95/46/EC). The General Data Protection Regulation (GDPR) is due to come into force in May 2018. Whilst many of the provisions are already covered by
- [Contracting as a Supplier – Precautions and Pitfalls](https://www.bermans.co.uk/contracting-as-a-supplier-precautions-and-pitfalls/) - Suppliers will often not consider on what basis they are contracting for the supply of goods or services. This may be as they feel they can deliver on the contract and so there is no risk. Often, the issue for many is that they do not foresee a potential liability arising. Others may believe that
- [GDPR - What you need to know](https://www.bermans.co.uk/gdpr-what-you-need-to-know-2/) - You should all by now be into the final stages of implementing plans for the impending new legislation on GDPR which comes into effect on Friday 25th May 2018. There has been much written in the media and we are sure you will have been bombarded with information from various providers seeking to offer solutions.
- [What are partnerships?](https://www.bermans.co.uk/want-to-know-more-about-partnerships/) - What is a partnership? Put simply, a partnership is the coming together of two or more parties with a view to making a profit. Partnership is used for various purposes. It is common amongst the professions such as law firms, accountancy and medical practices. It can however be as simple as two or more people
- [The impact of Brexit on contracts](https://www.bermans.co.uk/contractual-considerations-on-brexit/) - 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
- [Client Focus Q&A: Professional Witnesses Ltd](https://www.bermans.co.uk/client-focus-qa-professional-witnesses-ltd/) - We met up with Jennifer Rigby, Managing Director at Professional Witnesses Ltd (pictured left) for our latest client focus Q&A. 1. What is your business? We are a specialist, accredited security provider, delivering a range of highly innovative, intelligent security solutions and services to a diverse range of clients across the UK. Our aim is simple: to provide
- [Managing cashflow and risk, coping with uncertain times](https://www.bermans.co.uk/managing-cashflow-and-risk-coping-with-uncertain-times/) - There are various ways in which a business can protect its business interests whether that is profit or cashflow. Many will look first at the internal workings of the business to make savings and some may never look at their other options with external parties. Having in place contractual provisions which assist you in that
- [GP Practice: New to Partnership Payment](https://www.bermans.co.uk/gp-practice-new-to-partnership-payment/) - I have been asked by a GP Practice client to advise on the New to Partnership Payment which is a £20,000 payment to new Doctors (and others) who join a GP practice as a partner and is referred to in the Update issued 6th February (sections 2.14 - 2.16). NHS England Update to the GP contract agreement 2020/21-2023/24
- [Contractual Considerations on Brexit](https://www.bermans.co.uk/contractual-considerations-on-brexit-2/) - It is never too late to sort things out. First published in 2018, this note, now updated, addresses how you may protect your business through your contracts, where border issues cause delays or prices need to be adjusted, and explains the new UKCA Mark. Some questions you may ask yourself:
- [AstraZeneca contract with EU](https://www.bermans.co.uk/astrazeneca-contract-with-eu/) - The EU have published a redacted version of the Advanced Purchase Agreement it entered into with AstraZeneca AB for the supply of Covid 19 vaccine. This article considers the terms of the redacted version of the Agreement in light of the claims made by the EU Commission, the threats made by the Commission and the actions taken by the Commission. Some questions you may ask yourself:
- [Super Player, Super Agent?](https://www.bermans.co.uk/super-player-super-agent/) - A report in the media recently suggested that Raheem Sterling was to set up his own football agency . This article looks at whether that is possible and some alternative explanations. Firstly, there is no obligation for a footballer to retain the services of an FA Registered Intermediary (commonly referred to as agents, which is the term utilised in this article), as the player is perfectly entitled to represent himself/herself to negotiate a contract with a club.
- [Courts and Lawyers embracing Technology](https://www.bermans.co.uk/courts-and-lawyers-embracing-technology/) - As we are moving towards the second anniversary of the pandemic it is worth pausing to reflect that, after some initial reluctance, technology has been quite successfully embraced both by lawyers and also by the courts to keep the system running.
- [Insolvency update - are businesses facing a tough few months?](https://www.bermans.co.uk/insolvency-update-are-businesses-facing-a-tough-few-months/) - The world of insolvency has been becalmed over the last 18 months as a result of Government support and restrictions on creditor action as part of its response to the Covid 19 pandemic which removed a number of the typical pressure points on directors. As we head into a new phase of ‘living with the virus’, the support and restrictions are being withdrawn. From 1 October, the heat was back on or at least partially.
- [Will I get my costs back if I win: Autumn 2021 update](https://www.bermans.co.uk/will-i-get-my-costs-back-if-i-win-autumn-2021-update/) - This is the latest article in our series, following the slow but inevitable progress towards a “fixed costs” regime for most civil court disputes involving businesses.
- [New Vacancy - Property Finance Paralegal](https://www.bermans.co.uk/new-vacancy-property-finance-paralegal/) - We are looking for an experienced and enthusiastic Property Finance Paralegal to join our Property and Construction team. The existing team is friendly, welcoming and hard-working and we are seeking a like-minded individual.
- [Fee Earner Focus: Q&A - Robin Hastings Corporate](https://www.bermans.co.uk/fee-earner-focus-qa-robin-hastings-corporate/) - Robin Hastings (pictured below), qualified as a solicitor in 2011 having trained in London and after a spell at a large regional firm in Manchester joined Bermans in December 2015. He is now a Senior Associate in the Corporate department.
- [CLIENT FOCUS: Q&A - Fred Thompson Clarus WMS](https://www.bermans.co.uk/client-focus-qa-fred-thompson-claruswms/) - We met up with Fred Thompson (pictured below), Chief Technical Officer at Clarus Software Ltd, who offer a solution to all your warehouse needs, to chat with him about his typical working day, business challenges as an SME, and exciting plans for the future.
- [Socio-economic grouping](https://www.bermans.co.uk/socio-economic-grouping/) - Most employers have long been alive to issues of diversity in business in terms of protected characteristics such as race, sex and disability. But what about class? Socio-economic grouping is not a protected characteristic, so is seeking to ensure a certain percentage of ‘working class’ employees a hurdle too far?
- [Flexible working](https://www.bermans.co.uk/flexible-working-2/) - The government has published a consultation document – Making flexible working the default – which proposes various changes to the existing rights for employees to request flexible working. This consultation document comes hot on the heels of the widespread flexible working that business and workers have had to adopt in the wake of the Covid-19 pandemic.
- [Unfair dismissal](https://www.bermans.co.uk/unfair-dismissal-3/) - The opportunity to appeal against dismissal is usually considered to be an essential element of a fair dismissal. In the recent case of Gwynedd County Council v Barrett, the Court of Appeal said that this is not necessarily the case in a redundancy dismissal.
- [Burden of proof – discrimination](https://www.bermans.co.uk/burden-of-proof-discrimination/) - The wording which sets out the burden of proof rules in a discrimination case changed when the Equality Act 2010 brought all the laws on discrimination together in one place. The discrimination legislation previously said that if the employee proves facts which, in the absence of a reasonable explanation, the tribunal could conclude was discrimination, the burden of proof shifts to the employer who must then show that there is another, non-discriminatory explanation for their treatment of the employee.
- [Employment tribunals](https://www.bermans.co.uk/employment-tribunals/) - Some changes to the employment tribunal process will come into force on 6 October 2021 and are designed to remove some unnecessary red tape.
- [Working time](https://www.bermans.co.uk/working-time-3/) - Article 2 says that working time is any period of time where the worker is working, at the employer’s disposal and carrying out their duties. A rest break is any period which is not working time. There is no halfway house here – time is either working time or a rest break.
- [Whistleblowing](https://www.bermans.co.uk/whistleblowing-3/) - Employers must not treat an employee badly because they have made a protected disclosure. If the main reason for dismissing an employee is that they made a protected disclosure, the dismissal will be automatically unfair.
- [Disability discrimination – reasonable adjustments](https://www.bermans.co.uk/disability-discrimination-reasonable-adjustments/) - The duty to make reasonable adjustments is triggered if an employee meets the definition of disability contained in the Equality Act 2010. The employee must have a physical or mental impairment which has a substantial and long-term adverse effect on their ability to do normal day to day activities.
- [Is the blockchain compatible with the GDPR?](https://www.bermans.co.uk/is-the-blockchain-compatible-with-the-gdpr/) - In 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,
- [Cyber security – the risks to your organisation](https://www.bermans.co.uk/cyber-security-the-risks-to-your-organisation/) - The recent news that foreign exchange company Travelex is being held to ransom by hackers after a cyber attack is a reminder to organisations that cyber security is a business-critical issue. The gang claiming to be behind the hack has demanded £4.6m and explained that they hacked into the Travelex databases six months before the
- [The Future of Furlough and other employment issues arising from Covid-19](https://www.bermans.co.uk/the-future-of-furlough-and-other-employment-issues-arising-from-covid-19/) - The Coronavirus Job Retention Scheme (“Furlough Scheme”) has been a lifeline to many employers during the Covid-19 pandemic, allowing businesses to retain employees that would have otherwise faced redundancy, but the scheme is now winding down and the Government is encouraging employees back to work with the lifting of the last restrictions from 19 July 2021.
- [Supreme Court swaps old test for new one in professional negligence claims](https://www.bermans.co.uk/supreme-court-swaps-old-test-for-new-one-in-professional-negligence-claims/) - Manchester Building Society (MBS) successfully appealed to the Supreme Court in a claim for negligence against its ex-auditors Grant Thornton (GT), after losing in the High Court and the Court of Appeal.
- [Asset Finance: Frustration of contracts and COVID-19](https://www.bermans.co.uk/asset-finance-frustration-of-contracts-and-covid-19/) - One of the effects of the pandemic has been to slow down (some might say even further!) the litigation process in the UK courts, and despite one or two high-profile decisions relating primarily to business interruption insurance there have been few reported cases dealing with the effects of the pandemic relevant to asset financiers.
- [Asset Finance: Disclosure of Brokers’ Commissions](https://www.bermans.co.uk/asset-finance-disclosure-of-brokers-commissions/) - The Court of Appeal has recently handed down judgment in Wood v Commercial First Business Ltd and Others and Business Mortgage Finance 4 plc v Pengelly [2021] EWCA Civ 471, on the issue of broker “secret commissions”.
- [Asset Finance: Securitisation and the right to sue](https://www.bermans.co.uk/asset-finance-securitisation-and-the-right-to-sue/) - We came across an interesting argument concerning the right to sue after securitisation of assets in a recent reported case we ran for an asset finance company, Haydock Finance Limited v Starcruiser Bussing Limited [2021] EWHC 622 (Comm).
- [Asset Finance: CCA Information Sheets Updated from 24 October 2021](https://www.bermans.co.uk/cca-information-sheets-updated-from-24-october/) - The FCA has published revised consumer credit information sheets, the first update since July 2018. In accordance with section 86A of the Consumer Credit Act 1974, Funders are required to include a copy of the relevant information sheet when notifying a regulated customer that they are in arrears or default.
- [A final extension on Covid business protection law?](https://www.bermans.co.uk/a-final-extension-on-covid-business-protection-law/) - On the 22 June the Government extended, perhaps for the last time, the Coronavirus Act 2020 restrictions on issuing winding up petitions until 30 September (which is also when the furlough scheme ends) and landlord forfeiture/Commercial Rent Arrears Recovery until 25 March 2022.
- [Is now the time to sell up?](https://www.bermans.co.uk/is-now-the-time-to-sell-up/) - Many business owners are re-evaluating their future plans as a result of the pandemic. Some are finding that their thoughts on retirement planning are somewhat different now than they were back in 2019. Some owners have enjoyed more free time as their businesses have been forced to shut during the lockdowns and others have enjoyed more time at home as travel and office working has been discouraged.
- [Indirect Discrimination](https://www.bermans.co.uk/indirect-discrimination-2/) - Indirect discrimination occurs when an employer applies a provision, criterion or practice (PCP) to all employees which disadvantages a group of people who share a protected characteristic (such as race or sex). Indirect discrimination can be justified if it is a proportionate way of achieving a legitimate business aim.
- [Discrimination – interim relief](https://www.bermans.co.uk/discrimination-interim-relief/) - Interim relief is a powerful weapon in the employment tribunal’s toolbox. An employee can only ask for interim relief in dismissal claims relating to trade union, health and safety activities and whistleblowing.
- [Philosophical belief discrimination](https://www.bermans.co.uk/philosophical-belief-discrimination-2/) - Religion or belief is a protected characteristic under the Equality Act 2010 and can include any religious or philosophical belief. Article 9 of the European Convention on Human Rights provides for freedom of thought, conscience and belief.
- [Disability - Long Covid](https://www.bermans.co.uk/disability-long-covid/) - The TUC has called for long Covid to be recognised as a disability and an occupational disease so that workers can access legal protection and compensation. Their survey of more than 3500 workers, all of whom said they had contracted Covid-19, found that nearly a third have experienced symptoms for more than a year and 95 per cent have been left with ongoing symptoms.
- [Unfair dismissal – illegality](https://www.bermans.co.uk/unfair-dismissal-illegality/) - Parties to an employment contract where illegal activity has occurred may be prevented from bringing employment related claims. Where an employment contract has been entered into lawfully, but then illegally performed, the enforceability of the contract will depend on the parties’ knowledge of, and active participation in, the illegal conduct.
- [Equal pay](https://www.bermans.co.uk/equal-pay-2/) - The Supreme Court handed down a final judgment in the Asda equal pay saga. In Asda v Brierley, a predominantly female group of Asda store workers are saying they should be paid the same as a group of predominantly male distribution depot workers who are paid more than them.
- [Covid-19 - Unfair dismissal](https://www.bermans.co.uk/covid-19-unfair-dismissal/) - The employment tribunals have handed down more judgments this month in relation to Covid-19 related dismissals. In Accattatis v Fortuna Group, the employee worked for a company which sold PPE. In March and April 2020, he told his employer he was uncomfortable travelling on public transport and working in the office. He repeatedly asked to either work from home or be furloughed.
- [Fire and Rehire](https://www.bermans.co.uk/fire-and-rehire/) - Should employers be allowed to fire and rehire? In economically hard times, or when a business is restructuring, the ability to change employment terms can be an essential tool. The law does not allow an employer to change employment terms unilaterally, so giving lawful notice and offering a new contract in return is a safer option.
- [Sex discrimination](https://www.bermans.co.uk/sex-discrimination/) - Direct discrimination happens if an employer treats an employee less favourably than it treats others because of sex. A female employee would need to show that she has been treated less favourably than a real or hypothetical comparator of the opposite sex whose circumstances are not materially different to hers.
- [Strike action](https://www.bermans.co.uk/strike-action/) - The Trade Union and Labour Relations (Consolidation) Act 1992 (TULCRA) provides protection to employees taking part in trade union activities including industrial action. TULCRA provides an absolute ban on dismissing an employee for taking part in industrial action, but there is no ban on subjecting employees to a detriment short of dismissal on the same grounds.
- [Business interruption claims and COVID-19: Has your claim been settled?](https://www.bermans.co.uk/business-interruption-claims-and-covid-19-has-your-claim-been-settled/) - January’s Supreme Court judgment in the FCA’s test case against insurers for COVID-19 business interruption insurance claims was a great relief to many SMEs, as we wrote at the time
- [Bermans #1 in Business Money Professionals Poll 2021](https://www.bermans.co.uk/bermans-1-in-business-money-professionals-poll-2021/) - In April 2021, Bermans topped the professional poll for choice of legal services for both £100k+ and sub £100k funds out in Business Money’s report of the UK invoice finance sector.
- [Directors Disqualified for invoice finance fraud](https://www.bermans.co.uk/directors-disqualified-for-invoice-finance-fraud/) - There are somewhat conflicting reports as to the current level of deliberate fraud in the invoice finance industry, but it is worth keeping a watch on some of the cases relating to director qualifications. In this regard it is noteworthy that three directors were recently banned for a total of 29 years for an invoice finance fraud.
- [Temporary COVID – 19 Insolvency Provisions Extended](https://www.bermans.co.uk/temporary-covid-19-insolvency-provisions-extended/) - In our last Briefing we explained certain temporary changes to the insolvency regime arising from the pandemic and set out the relevant dates of those provisions. On 26 March 2021, the Corporate Insolvency and Governance Act 2020 (Coronavirus) (Extension of the Relevant Period) Regulations 2021 (SI 2021/375) extended various temporary provisions in the Corporate Insolvency and Governance Act 2020 (“CIGA 2020”) that had otherwise been due to expire in March and April 2021.
- [Frustration of contracts and COVID-19](https://www.bermans.co.uk/frustration-of-contracts-and-covid-19/) - In our spring 2020 Briefing just as the global pandemic was taking hold we analysed some high-level issues likely to affect contractual relationships on the one hand between invoice financiers and their clients, and on the other hand between invoice financiers and debtors.
- [Return of Crown Preference](https://www.bermans.co.uk/return-of-crown-preference/) - On 1 December 2020 Crown preference in relation to unpaid taxes reappeared on the insolvency landscape for the first time since the abolition of the doctrine in the Enterprise Act 2002. Debts owed to HMRC are now to rank as secondary preferential debts, ranking after employees' preferential claims but, importantly, before claims of floating charge holders.
- [Securitisation and the right to sue](https://www.bermans.co.uk/securitisation-and-the-right-to-sue/) - We came across an interesting argument concerning the right to sue after securitisation of assets in a recent reported case we ran for an asset finance company, Haydock Finance Limited v Starcruiser Bussing Limited [2021] EWHC 622 (Comm).
- [Commercial rents - what happens once the moratorium lifts?](https://www.bermans.co.uk/commercial-rents-what-happens-once-the-moratorium-lifts/) - The statutory moratorium on lease forfeiture for commercial leases is set to expire at the end of June 2021. If it is not extended then tenants who have taken advantage of this will be required to resume rental payments as well as to pay any rent that has accrued during the moratorium.
- [Employment Newsletters](https://www.bermans.co.uk/employment-newsletters/)
- [Equal pay](https://www.bermans.co.uk/equal-pay/) - Employers dread receiving a claim form citing claims which have no teeth and ‘fishing’ for more information from the employer to inform their claims. Often, these claims lack any merit at all. But in some cases, getting hard data to back up anecdotal evidence can be impossible for an employee, especially when it comes to closely guarded information about pay.
- [Performance monitoring](https://www.bermans.co.uk/performance-monitoring/) - Remote working has hidden employees from sight, causing some employers to worry about what their staff are doing during working hours. The Guardian has reported that one of the world’s biggest call centre companies is planning to install surveillance systems to monitor what their staff are doing, whether that’s working, eating or going to the toilet.
- [National minimum wage](https://www.bermans.co.uk/national-minimum-wage-2/) - The minister for Women and Equalities, Liz Truss, has asked employers to make flexible working a standard option for employees. She believes this step would boost both productivity and morale and improve employment prospects for women - who are twice as likely to work flexibly while they juggle childcare responsibilities - as well as those who don’t live close to big cities.
- [Flexible working](https://www.bermans.co.uk/flexible-working/) - The minister for Women and Equalities, Liz Truss, has asked employers to make flexible working a standard option for employees. She believes this step would boost both productivity and morale and improve employment prospects for women - who are twice as likely to work flexibly while they juggle childcare responsibilities - as well as those who don’t live close to big cities.
- [Holiday pay](https://www.bermans.co.uk/holiday-pay/) - In 2017, in the case of King v Sash Windows, the CJEU established that a worker can carry over unlimited annual leave which they have been prevented from taking because the employer refuses to pay for it. The CJEU said domestic time limits for bringing such a claim – for example, our 3-month time limit to bring an employment claim for unpaid holiday under the Working Time Regulations 1998 or unlawful deduction from wages – should not prevent workers from exercising important EU rights.
- [Religious discrimination](https://www.bermans.co.uk/religious-discrimination/) - Employers must not discriminate against workers on the grounds of their religion or religious beliefs. In Page v NHS Trust Development Authority, the Court of Appeal has looked at whether an employee can be fairly dismissed for the way he expressed his beliefs, rather than the beliefs themselves.
- [Working time](https://www.bermans.co.uk/working-time-2/) - The Court of Justice of the European Union (CJEU) has considered two cases involving workers on standby and whether the whole of the standby period should be considered working time. The Working Time Directive says that working time is any period where the employee is working, at the employer’s disposal and carrying out their duties.
- [Health and safety](https://www.bermans.co.uk/health-and-safety/) - Section 44 of the Employment Rights Act 1996 protects employees from employer detriment in certain health and safety cases: if they are absent from work because they reasonably believe that attendance would put them in serious and imminent danger or take appropriate steps to protect themselves if they reasonably believe they are in serious and imminent danger.
- [Termination agreements](https://www.bermans.co.uk/termination-agreements/) - It is commonplace to negotiate severance terms before an employee leaves employment due to redundancy. Discussions usually agree the sums to be paid and formal settlement agreements are signed to create a clean break between the parties. The EAT has recently looked at a case where the parties had different ideas about what had been agreed, as well as what could be enforced.
- [Capital Gains Tax (CGT) Reforms](https://www.bermans.co.uk/capital-gains-tax-cgt-reforms/) - As we await the Budget, still scheduled for 3 March 2021, speculation continues in the press as to whether it will bring a rise in tax and in particular Capital Gains Tax (CGT). CGT is currently paid at a rate of 20% by higher rate taxpayers on most gains but can be reduced by various reliefs such as Entrepreneurs Relief (which allows business owners to take the first £1 million of gains at a CGT rate of 10%).
- [Fee Earner Focus: Q&A - Alissa Marsh, Asset Based Lending](https://www.bermans.co.uk/fee-earner-focus-qa-alissa-marsh-asset-based-lending/) - Alissa Marsh (pictured below), joined Bermans in January 2017 as a solicitor working across both of our Asset Finance and Invoice Finance departments.
- [Insolvency Round-up](https://www.bermans.co.uk/insolvency-round-up/) - The latest insolvency stats have just been released by the Insolvency Service and it comes as no surprise to see the figures for the past nine months have been historically low- about 40% lower than normal- as companies continue to benefit from the Government support measures and the temporary restrictions on the ability to issue statutory demands and winding up petitions.
- [Business interruption claims and COVID-19: Good news for SMEs but what happens now?](https://www.bermans.co.uk/business-interruption-claims-and-covid-19-good-news-for-smes-but-what-happens-now/) - On Friday 15 January 2021 the Supreme Court delivered its eagerly awaited judgment in the test case between the Financial Conduct Authority (FCA) and various insurers. The FCA was acting on behalf of policyholder businesses disrupted by COVID-19.
- [Bermans Insolvency and Financial Rescue team](https://www.bermans.co.uk/bermans-insolvency-and-financial-rescue-team/) - As we head into 2021 and the inevitable restructure of the economy as we (hopefully) return to some sort of normality, we thought it would be useful to share details about the depth of experience in our Insolvency team and to share some of their experiences during the lockdown.
- [Asset Finance: Brexit impact limited, but an appetite for further reform?](https://www.bermans.co.uk/asset-finance-brexit-impact-limited-but-an-appetite-for-further-reform/) - Whilst much uncertainty remains as to the future arrangements for asset financiers doing business across Europe, we can now say that in terms of specific legislative requirements upon the operation of asset financiers within the UK, required changes would appear to be limited to the deletion of references to “standard European consumer credit information" (SECCI) from CCA regulated consumer credit agreements as reported in our last Briefing.
- [Asset Finance: CCA Default Notices to be changed by 2 June 2021](https://www.bermans.co.uk/asset-finance-cca-default-notices-to-be-changed-by-2-june-2021/) - On 2 December 2020, the Consumer Credit (Enforcement, Default and Termination Notices) (Coronavirus) (Amendment) Regulations 2020 (SI 2020/1248) (“2020 Regulations”) came into force, amending the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) (“1983 Regulations”).
- [Asset Finance: Change in VAT Treatment of Early Termination Payments](https://www.bermans.co.uk/asset-finance-change-in-vat-treatment-of-early-termination-payments/) - HMRC has confirmed that, in a significant change from its previous position, as from 1 February 2021 it will regard almost all payments made upon early termination of asset finance agreements as chargeable to VAT.
- [Employment tribunal procedure – ACAS uplifts](https://www.bermans.co.uk/employment-tribunal-procedure-acas-uplifts/) - Employers and employees must follow the ACAS Code of Practice in relation to disciplinaries and dismissals. If either party fails to follow the Code, the tribunal can increase or decrease tribunal compensation by up to 25%. In Wardle v Credit Agricole Corporate and Investment Bank, the Court of Appeal said that a tribunal should only fix the rate of uplift once it has considered how much the uplift would equate to financially, to ensure it isn’t disproportionate.
- [Indirect discrimination](https://www.bermans.co.uk/indirect-discrimination/) - One of the key differences between direct and indirect discrimination is that a claim for indirect discrimination can be defeated if the employer can show that the provision criterion or practice under challenge is a ‘proportionate means of achieving a legitimate aim’. The circumstances in which this defence of justification will succeed have been the subject of many years of case law.
- [Dismissals for Redundancy](https://www.bermans.co.uk/dismissals-for-redundancy/) - A redundancy is a dismissal as a result of a workplace closing down or the employer needing fewer employees to do work of a particular kind. In Berkeley Catering Ltd v Jackson the question was whether the reason that an employer needed fewer employees made a difference to whether or not there was a redundancy situation.
- [Whistleblowing](https://www.bermans.co.uk/whistleblowing-2/) - An employee who is dismissed for making a public interest disclosure – whistleblowing – can claim unfair dismissal even without the two years’ continuous service that is normally required. What is more, there is no cap placed on the amount of compensation that can be awarded, so successful claims can be very expensive for employers.
- [Unfair dismissal and redundancy](https://www.bermans.co.uk/unfair-dismissal-and-redundancy/) - An employer making an employee redundant will not normally be acting reasonably unless it considers whether there is any alternative work that may be offered. In Aramark (UK) Ltd v Fernandes however, the employee argued that the employer should also have considered placing him in a bank of casual workers after his redundancy had taken effect.
- [National minimum wage](https://www.bermans.co.uk/national-minimum-wage/) - The government has accepted the recommendations of the Low Pay Commission and announced the National Minimum Wage and National Living Wage rates which will come into force from April 2021. Recognising the formidable task of recommending minimum wage rates in the middle of a global pandemic, the Low Pay Commission has sought to balance the needs of low paid workers – many of whom are doing critically important work – and the real solvency risks which small businesses are currently exposed to.
- [Covid Self Isolation](https://www.bermans.co.uk/covid-self-isolation/) - Employers across the country are being encouraged to accommodate the need for employees to self-isolate when required to do so because of Covid. According to widespread reports over Christmas, however, this message did not reach a newsagent in Lincolnshire who sacked a 15 year old paperboy for missing work after being told to self-isolate by his school. The boy’s father is reported to be considering legal action, but may face some difficulty.
- [Breach of contract](https://www.bermans.co.uk/breach-of-contract/) - Repudiatory – or very serious – breaches of contract entitle the other party to the contract to consider that the contractual terms have been metaphorically ripped up. What happens in a case where one party contemplates breaching a contract, but the other party beats them to it? In Palmeri v Charles Stanley, Mr Palmeri was a self-employed stockbroker who had worked for Charles Stanley for more than 20 years.
- [Constructive dismissal and maternity leave](https://www.bermans.co.uk/constructive-dismissal-and-maternity-leave/) - A constructive dismissal involves the employee resigning in response to fundamental breach of contract on the part of the employer. Normally the employee will need to make it clear both that they are resigning and that the reason for their resignation is the employer’s conduct. In Chemcem Scotland Ltd v Ure however the EAT held that these requirements were met by implication when an employee simply failed to return from maternity leave.
- [Rent Arrears](https://www.bermans.co.uk/rent-arrears/)
- [Notice pay under the Coronavirus Job Retention Scheme](https://www.bermans.co.uk/cjrs/) - This article outlines the ramifications, in terms of employment law, of a return to the office workplace and offers some practical steps that can be taken. The main issues that we plan to cover are Employer considerations in preparing for the return of workers to the workplace.
- [Asset Finance: Changes to default notices](https://www.bermans.co.uk/changes-to-default-notices/) - HM Treasury (HMT) has just published The Consumer Credit (Enforcement, Default and Termination Notices) (Coronavirus) (Amendment) Regulations 2020 which make changes to the content and form of Default Notices set out in the 1983 Regulations. These come into effect on 2 December 2020. Firms will have 6 months thereafter to implement them.
- [Impact of the Corporate Insolvency Changes](https://www.bermans.co.uk/impact-of-the-corporate-insolvency-changes/) - The Corporate Insolvency and Governance Act 2020 (“CIGA”) came into force on 26 June 2020 and introduced some permanent reforms to corporate insolvency law together with some temporary provisions required as a result of COVID-19. The reforms have been described as “the most significant change in English insolvency laws for commercial lawyers in a generation”. We will focus on the impact of the new legislation on invoice financiers both in terms of their relationships with clients and in enforcing debts against clients’ debtors.
- [The Long and Winding Road to a Guarantor Recovery](https://www.bermans.co.uk/the-long-and-winding-road-to-a-guarantor-recovery/) - Back in 2004, Porter Capital Corporation (“Porter”), a US finance Company based in Birmingham, Alabama, financed a US corporation (“Corporation”) via an invoice finance facility. To secure the finance, they took guarantees from three guarantors, one of whom lived in London and was a co-owner of a valuable Knightsbridge apartment on Hyde Park in London and shares in a family company.
- [Data protection](https://www.bermans.co.uk/data-protection-2/) - This month the High Court has looked at the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 and their relevance in internal disciplinary proceedings. In Kathryn Hopkins v HMRC, the employee was arrested in connection with various offences, including sexual offences and an offence which took place in a work vehicle. As required by her contract of employment, she told her manager about the arrest.
- [Unfair dismissal](https://www.bermans.co.uk/unfair-dismissal-2/) - For a dismissal to be fair, an employer needs to have a potentially fair reason to dismiss – such as misconduct, redundancy or ‘some other substantial reason’ (SOSR) - and the decision to dismiss must be within the range of reasonable responses. In cases where an employer’s reputation may be at risk, conduct and SOSR can overlap. The Employment Appeal Tribunal has looked at this issue recently in K v L.
- [Disability](https://www.bermans.co.uk/disability/) - In order to qualify as a disability under the Equality Act 2010, an impairment must have a substantial and long-term adverse effect on an individual’s ability to do day to day activities. In order to be long term, a substantial adverse effect must have lasted, or be likely to last, at least 12 months, or be likely to recur.
- [Interim relief](https://www.bermans.co.uk/interim-relief/) - The current uncertainty around jobs can cause friction between employers and their employees. In such times, many employees call on their trade unions for support. Unions are keen to stamp their mark, not only to protect existing members but to capitalise on an industrial crisis and turn it into a recruitment drive.
- [Pleadings](https://www.bermans.co.uk/pleadings/) - The EAT has issued some guidance on written pleadings which will make employers breathe a sigh of relief. All too often, employment tribunal claims run to several pages, documenting several years of alleged ill treatment, often without stipulating a single legal claim.
- [Costs](https://www.bermans.co.uk/costs/) - Unlike the civil courts, costs (including legal fees) are not usually paid by the losing party in employment tribunal cases. Costs can be awarded by a tribunal if one of the parties has behaved vexatiously, disruptively, abusively or otherwise unreasonably in bringing proceedings or the way they have conducted themselves during those proceedings.
- [Trust and Confidence](https://www.bermans.co.uk/trust-and-confidence/) - Sometimes working relationships just break down and can’t be repaired. The employer may feel that it is left with no alternative but to dismiss an employee who simply cannot work effectively with a manager or key colleagues.
- [Surveillance Software](https://www.bermans.co.uk/surveillance-software/) - Are you worried about your homeworkers kicking back during the pandemic? Shibu Philips, founder of London-based beauty business Transcend, has told the BBC he has been using Hubstaff software in order to monitor what his employees are doing. He says he knows only too well what its like to waste time at work. The software allows him to track his workers’ hours, keystrokes, mouse movements and websites.
- [Business interruption claims and COVID-19: Good news for SME's](https://www.bermans.co.uk/business-interruption-claims-and-covid-19-good-news-for-smes/) - The High Court judgment, on Tuesday 15th September 2020, in the test case between the Financial Conduct Authority (FCA), on behalf of a number of policyholders, and various insurance companies over business interruption and COVID-19 has been hailed as a lifeline for SME's.
- [Is it time for some much needed business housekeeping?](https://www.bermans.co.uk/is-it-time-for-some-much-needed-business-house-keeping/) - The last six months have presented significant challenges to business owners who have grappled with continuing their businesses in the face of restrictive lockdown rules imposed to combat the spread of Covid 19. Many business owners are now operating with a workforce of home workers and their typical working day differs significantly from their life pre-March 2020.
- [Pension Changes & New Death Benefit Rules](https://www.bermans.co.uk/pension-changes-new-death-benefit-rules/) - Since the arrival of the Pension changes on 6 April 2015 many people have overlooked the new Death Benefit Rules and Inheritance Tax (IHT) planning opportunities available for a defined contribution pensions scheme
- [Testamentary Freedom](https://www.bermans.co.uk/testamentary-freedom/) - The Supreme Court has recently issued a decision in the case of Ilott v Mitson turning on the interpretation of the Inheritance (Provision for Family and Dependants) Act 1975 (the Act ). In England and Wales a testator can choose to distribute their estate to anyone subject to the possibility of an excluded person bringing
- [Power of Attorney Refund Scheme begins](https://www.bermans.co.uk/power-of-attorney-refund-scheme-begins/) - If you registered a Power of Attorney between 1 April 2013 and 31 March 2017, you can now apply for a partial refund of your application fee. The refund is available to those who applied to register Lasting Powers of Attorney (LPAs) and Enduring Powers of Attorney (EPAs) during that period. Reason for the refund
- [Inheritance Tax & Grandparents](https://www.bermans.co.uk/inheritance-tax-grandparents/) - New studies have found that Grandparents could increase the financial benefits and legally reduce the effects of Inheritance Tax of their inheritances by thousands when gifting monies before their death. The study highlights the effect of tax and investment returns in relation to giving money in the form of testamentary legacy versus gifts given from
- [The Existence of Prenuptial Agreements](https://www.bermans.co.uk/the-existence-of-prenuptial-agreements/) - The existence of Prenuptial Agreements (pre nup) has been given a further boost by a recent Family Court decision at the end of 2016. Whilst pre nups are not legally binding, the Family Courts in England are increasingly willing to uphold pre nups as long as they were entered into freely with full understanding of
- [Cohabitation Agreements – dealing with the fall out](https://www.bermans.co.uk/cohabitation-agreements-dealing-with-the-fall-out/) - Over the last 20 years, changing social attitudes have led to a shift away from traditional familial relationships towards more informal arrangements. As of November 2017, the unmarried cohabiting couple was the fastest growing type of family in the UK with over 3.3 million cohabiting couples in 2017 in comparison with 1.7 million in 1997
- [Asset and Invoice Finance Newsletters](https://www.bermans.co.uk/asset-invoice-finance-newsletter/)
- [School's Lease Agreement held to be Ultra Vires](https://www.bermans.co.uk/schools-lease-agreement-held-to-be-ultra-vires/) - The High Court has held in School Facility Management Ltd and others v Governing Body of Christ the King College [2020] EWHC 1118 (Comm), among other findings, that a contract between a school and a construction company constituted a finance lease and was void because of the school's lack of capacity under the Education Act 2002. However, there is no substantive change to the contents of the document.
- [No More SECCI](https://www.bermans.co.uk/no-more-secci/) - The Consumer Credit (Disclosure of Information) Regulations 2010 have been amended so that references to “SECCI” (the Standard European Consumer Credit Information) are deleted - the documents shall now simply be known as the Pre-Contract Credit Information. However, there is no substantive change to the contents of the document.
- [Contractual Estoppel May Apply in Business Leasing](https://www.bermans.co.uk/contractual-estoppel-may-apply-in-business-leasing/) - The High Court has recently held that a party who made contractual representations as to the validity of an aircraft lease was contractually estopped from subsequently alleging that the agreement was invalid.
- [Continuity of Employment](https://www.bermans.co.uk/continuity-of-employment/) - Only employees with two years’ continuous service have the right not to be unfairly dismissed. This qualifying period is measured to the day - so it is important to be clear about precisely when an employee started work.
- [Constructive Dismissal](https://www.bermans.co.uk/constructive-dismissal/) - A constructive dismissal takes place when an employee resigns in response to a fundamental breach of contract on the part of the employer. A fundamental breach may, if it is serious enough, consist of a single act. It may also be made up of a number of more minor incidents culminating a ‘final straw’. In Williams v Aderman Davies Church in Wales Primary School a teacher resigned and claimed constructive dismissal over the way in which the employer had handled a complex disciplinary case against him.
- [Laddish culture](https://www.bermans.co.uk/laddish-culture/) - An Employment Tribunal has dismissed a claim that an employer discriminated against the only female member of its leadership team by talking about football all the time. In Liebenberg v DS Smith Packaging Ltd the employee argued that she was regarded as ‘not being one of the lads’ because she could not take part in their sporting discussions over boozy dinners.
- [Marriage Discrimination](https://www.bermans.co.uk/marriage-discrimination/) - One of the least often claimed grounds of discrimination is marriage and civil partnership. Prejudice against married people is hardly widespread and there are few circumstances in which an employer might treat an employee less favourably because they were married. The case of Gould v St Johns Downshire Hill demonstrates how difficult it is for an employee to make a successful claim of direct discrimination on the grounds of marriage.
- [Transfer of Undertakings – changing contracts](https://www.bermans.co.uk/transfer-of-undertakings-changing-contracts/) - The Transfer of Undertakings Regulations (known as TUPE) provide that an employee’s terms and conditions cannot be changed because of the transfer of their employment from one employer to another. It has been argued in the past that this provision only applies to negative changes and that actual improvements in terms and conditions can be valid even though a strict reading of the Regulations themselves suggests otherwise.
- [Right to Work](https://www.bermans.co.uk/right-to-work/) - An employer must be careful to avoid employing someone who does not have the right to work in the UK. Doing so knowingly is a criminal offence and inadvertently employing someone who is working illegally can lead to a civil penalty of up to £20,000 for an employer who has not carried out a proper documentation check.
- [Unfair dismissal – gross misconduct](https://www.bermans.co.uk/unfair-dismissal-gross-misconduct/) - In considering a wrongful dismissal claim, the Tribunal needs to decide whether or not the employee is guilty of gross misconduct. When it comes to unfair dismissal that is precisely what the Tribunal should not do – at least until it comes to assess compensation. It should ask whether the employer reached a conclusion that was reasonably open to it – not whether it agrees with that conclusion.
- [Wrongful dismissal](https://www.bermans.co.uk/wrongful-dismissal/) - An employee dismissed without notice will often claim both unfair and wrongful dismissal. These are two distinct claims. Unfair dismissal is concerned with the reasonableness of the employer’s decision to dismiss the employee. Wrongful dismissal is a contractual claim centred around whether the employer was entitled to dismiss the employee without giving the full contractual notice required. That in turn depends on whether or not the employee was actually guilty of gross misconduct.
- [Redundancy](https://www.bermans.co.uk/redundancy/) - It is now common practice for employers to select employees for redundancy based on their performance at an interview. Often this process appears to be similar to a recruitment exercise, with the employer selecting those who will be offered a place in the new structure.
- [Future Fund – access to growth capital for high growth companies](https://www.bermans.co.uk/access-to-growth-capital-for-high-growth-companies/) - Future Fund – a lifeline for infant companies? The Coronavirus pandemic has seen a reduction in the usual funding streams for some businesses and has forced the Government to think creatively about how they can support promising, infant companies. The result is the new Future Fund.
- [North West law firm report record turnover](https://www.bermans.co.uk/north-west-law-firm-report-record-turnover/) - Bermans, the North West commercial law firm founded on 4th February 1970 by Keith Berman, has marked its 50th year by posting a record turnover figure for the 6th consecutive year, with an increase in fee income from £ in 2018/19 to £ for the financial year ending on 30th June.
- [All Change in Corporate Insolvency?](https://www.bermans.co.uk/all-change-in-corporate-insolvency/) - The Corporate Insolvency and Governance Act 2020 (CIGA) became law on 26 June 2020. It contains some temporary provisions required as a result of COVID-19 and some permanent provisions that have been in the offing for a while which will make sweeping changes to the current insolvency rules.
- [Is this the calm before the storm for business?](https://www.bermans.co.uk/is-this-the-calm-before-the-storm-for-business/) - Is this the calm before the storm for business? At the start of the COVID 19 pandemic many were predicting that this could be the busiest time ever for insolvency professionals. .
- [New arrivals in Bermans Corporate team](https://www.bermans.co.uk/new-arrivals-in-bermans-corporate-team/) - Bermans has made two appointments to its Corporate team. The team, led by Jon Davage, welcomed Barney Leaf as a partner and Simon Nolan as a Solicitor from Laytons LLP.
- [Pandemic special](https://www.bermans.co.uk/pandemic-special/) - As with everything else about the pandemic, the legal position remains both fluid and uncertain; the best we can do at present is to highlight some of the issues which are likely to arise both in terms of: (1) the relationship between invoice financiers and their clients; and (2) supply contracts between suppliers using invoice finance and their debtors.
- [FEE EARNER FOCUS: Q&A - Claire Morris (Property)](https://www.bermans.co.uk/fee-earner-focus-qa-claire-morris-property/) - Claire Morris (pictured below), joined Bermans in September 2006 as a trainee solicitor and is now a Partner in the property team. We spoke to her to learn more about her and her work. Can you give us a brief summary of your career so far? I joined Bermans as a trainee solicitor in 2006 and upon qualification I joined the property department. I became an associate in 2013 and a partner in 2019.
- [Statement on coronavirus (COVID-19)](https://www.bermans.co.uk/statement-on-coronavirus-covid-19/) - We appreciate that these are unprecedented times and as such we want to reassure you of our ability to operate effectively and continue to support and serve our clients. We are an ISO 27001 accredited business and as part of our continuing certification we must be able to demonstrate that both a documented and tested Business Continuity Plan and Disaster Recovery Plan are in place.
- [Bermans bolsters its restructuring team with key lateral hires](https://www.bermans.co.uk/bermans-bolsters-its-restructuring-team-with-key-lateral-hires/) - North West commercial law firm Bermans, which is celebrating its 50th year in business, has made two key appointments to its busy restructuring team. The team, led by Phil Farrelly, welcomed Martin March as a partner and James Whittaker as a Senior Associate.
- [Get ready for employment law changes coming in April 2020](https://www.bermans.co.uk/get-ready-for-employment-law-changes-coming-in-april-2020/) - All employees must be issued with a statement setting out specific terms of their employment within two months of them starting work (known as a Section 1 Statement). Often this information will be part of a lengthier employment contract. From the 6 April 2020 the requirement to issue a Section 1 Statement will extend to workers as well as employees. It must also be issued on day one of the employment and the information it must include is expanding.
- [Goodbye to Finance House Base Rate](https://www.bermans.co.uk/goodbye-to-finance-house-base-rate/) - The New Year saw the demise of the FLA’s well-established Finance House Base Rate (“FHBR”) essentially to avoid the regulatory consequences of some complex EU Benchmark Regulations. However, in practice the FLA will continue to publish a figure which will effectively replace FHBR. In the words of the FLA statement explaining the change:
- [Bermans turns 50!](https://www.bermans.co.uk/bermans-turns-50/) - Bermans marks 50 years in business on 4th February 2020 and partner Fergal O’Cleirigh explains how the firm has gone from strength to strength and how it has adapted to the changing legal landscape.
- [Hire Purchase Customer sues Supplier](https://www.bermans.co.uk/hire-purchase-customer-sues-supplier/) - The title of this article does not quite rise to the level of “Man Bites Dog”, but it refers to a rather unusual case which was reported recently and which provides a welcome albeit relatively unusual example of a dissatisfied customer accepting its liability under Hire Purchase Agreements and seeking its remedy against the supplier of the defective equipment.
- [FCA to require improved Commission Disclosure](https://www.bermans.co.uk/fca-to-require-improved-commission-disclosure/) - One of the more nebulous provisions of CONC which has led to widely different interpretations in practice has been the rule relating to the disclosure of commission found at 4.5.3 which currently provides as follows:
- [FCA to ban discretionary commission models in Motor Finance](https://www.bermans.co.uk/fca-to-ban-discretionary-commission-models-in-motor-finance/) - On a separate but related note, the FCA’s October 2019 report has proposed a ban on commission models within the motor finance industry where the amount received by the broker is linked to the interest rate paid by the customer where the broker has the power to set or adjust this interest rate.
- [Philosophical belief discrimination](https://www.bermans.co.uk/philosophical-belief-discrimination/) - The Equality Act 2010 protects people from discrimination based on their philosophical beliefs. In order to be protected, the belief must be: • Genuinely held; • Be a belief not an opinion or viewpoint; • Concern a weighty or substantial aspect of human life;
- [TUPE Transfers and ‘Workers’](https://www.bermans.co.uk/tupe-transfers-and-workers/) - The worker status debate leached into the TUPE sphere towards the end of 2019. A 'worker' is defined by section 230(3) of the Employment Rights Act 1996 (ERA) as: An individual who…works under:
- [Holiday pay and carry over](https://www.bermans.co.uk/holiday-pay-and-carry-over/) - The European Working Time Directive entitles workers to at least 4 weeks' holiday per year. Many countries, including the UK, choose to give workers additional holiday entitlement over and above the minimum. The Working Time Regulations 1998 gives UK employees an additional 1.6 weeks of leave per year.
- [Hangover Days](https://www.bermans.co.uk/hangover-days/) - How many working days is your business losing to hangovers? This is particularly relevant after the festive season where Christmas parties and social events often fall on a school night. Did your business suffer a flurry of suspicious tummy bugs during Christmas party season? Some businesses are choosing to accommodate hangovers in a different way, keen to avoid the extra absence which seems to occur around this time of year.
- [Whistleblowing](https://www.bermans.co.uk/whistleblowing/) - A dismissal will be automatically unfair if the main reason for the dismissal is the fact that the employee has 'blown the whistle' on malpractice. The Supreme Court has recently decided that an employer was liable for automatic unfair dismissal even though the decision maker was unaware of the protected disclosures.
- [Confidentiality agreements](https://www.bermans.co.uk/confidentiality-agreements/) - Hot on the back of the #MeToo movement, the Equality and Human Rights Commission (EHRC) has published some non-statutory guidance on the use of confidentiality or non-disclosure agreements in discrimination cases. The guidance confirms that confidentiality clauses can be used in employment contracts to protect a business's confidential information.
- [Unfair Dismissal](https://www.bermans.co.uk/unfair-dismissal/) - Is a dismissal unfair if the employer changes an investigation report following advice from an in-house lawyer? Not in this case, said the Employment Appeal Tribunal in Dronsfield v The University of Reading. The employee was a professor who had a sexual relationship with a student.
- [New ACAS guidance on menopause](https://www.bermans.co.uk/new-acas-guidance-on-menopause/) - This once taboo topic has been high profile lately. Half of the population will go through the menopause and yet it has historically been off limits as a discussion topic. Menopause is more important now than ever with older workers expected to stay in work for longer. ACAS have produced some practical guidance on handling menopause in the workplace.
- [Harassment in the workplace](https://www.bermans.co.uk/harassment-in-the-work-place/) - Harassment 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
- [Will I get my costs back? Update](https://www.bermans.co.uk/will-i-get-my-costs-back-update-2/) - We 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.
- [Will I get my costs back? Update](https://www.bermans.co.uk/will-i-get-my-costs-back-update/) - In 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
- [Unsafe cladding concerns for apartment leaseholders and freeholders](https://www.bermans.co.uk/unsafe-cladding-concerns-for-apartment-leaseholders-and-freeholders/) - The 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. Building Safety
- [Standstill Agreements](https://www.bermans.co.uk/standstill-agreements/) - When 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
- [Redundancy pay](https://www.bermans.co.uk/redundancy-pay/) - In a redundancy situation, an employee might be entitled to both statutory and contractual redundancy payments. Statutory redundancy payments are calculated using age, length of service and weekly pay (currently capped at £525). Contractual payments can be more generous. What happens when a contractual sum isn’t paid, and the employee brings a breach of contract
- [IR35 Seminar Manchester: Limiting your exposure to an HMRC challenge](https://www.bermans.co.uk/ir35-seminar-manchester-limiting-your-exposure-to-an-hmrc-challenge/) - In April 2020, new rules are to be introduced to the private sector to widen the scope of Income Tax and National Insurance deductions from Contractors. If you are a business who engages contractors then you could be affected by the change and will then need to prepare for it. Do you rely on “self
- [Insolvency Litigation](https://www.bermans.co.uk/insolvency-litigation-2/) - Litigation can often arise when an individual is in financial distress. We regularly advise clients on disputes in these circumstances including: Creditors who are owed money by individuals and are considering the best methods to recover this; Creditors where a significant debtor has entered a formal insolvency process or their next steps; Insolvency practitioners (IPs)
- [Bankruptcy and IVAs](https://www.bermans.co.uk/bankruptcy-and-ivas/) - We regularly advise Insolvency Practitioners (IPs) in relation to individuals who are unable to pay their debts who are seeking financial relief. The two main options for individuals are: Bankruptcy Individual Voluntary Arrangements. Bankruptcy Bankruptcy is a formal process where an individual seeks a court order declaring him/her bankrupt. Once the order is made the
- [IR35 Seminar Liverpool: Limiting your exposure to an HMRC challenge](https://www.bermans.co.uk/ir35-seminar-liverpool-limiting-your-exposure-to-an-hmrc-challenge/) - In April 2020, new rules are to be introduced to the private sector to widen the scope of Income Tax and National Insurance deductions from Contractors. If you are a business who engages contractors then you could be affected by the change and will then need to prepare for it. Do you rely on “self
- [Invoice Finance and the Criminal Finances Act](https://www.bermans.co.uk/invoice-finance-and-the-criminal-finances-act/) - Although invoice finance remains by and large unregulated by Government, there is little doubt that the pace of regulation marches on and recently concerns have been expressed by some in the invoice finance industry that invoice financiers may be at risk of committing offences under the Criminal Finances Act 2017, for example where clients are
- [Electronic execution of documents confirmed](https://www.bermans.co.uk/electronic-execution-of-documents-confirmed/) - In our Briefing 12 months ago we reported on the August 2018 Consultation paper issued by the Law Commission on the law relating to the electronic execution of documents, which suggested that the Law Commission was sympathetic to moves to allow all contracts and other documents to be completed electronically, particularly in the commercial context.
- [New Vacancy - Marketing Assistant (Maternity Cover)](https://www.bermans.co.uk/new-vacancy-marketing-assistant-maternity-cover/) - The main purpose of the role is to assist the firms Business Development Manager in the delivery of a marketing and business development function for the firm. A key part of the role will focus on the firms digital platform and will include management of the firms events, website, communications and social media output. Start date:
- [Working time](https://www.bermans.co.uk/working-time/) - Under section 45A of the Employment Rights Act 1996, workers have the right not to be treated badly by their employer for refusing to work in breach of the Working Time Regulations 1998 (WTR). If such a refusal is the reason (or main reason) for an employee’s dismissal, their dismissal will be automatically unfair. The
- [Unfair dismissal and extensions of time](https://www.bermans.co.uk/unfair-dismissal-and-extensions-of-time/) - Most employment claims should be brought within a three-month time limit. If it is not 'reasonably practicable' for an employee to present his claim within the three-month time limit, an employment tribunal has the discretion to extend the time limit. There are two questions the tribunal must ask: was it reasonably practicable to lodge the
- [Commute times](https://www.bermans.co.uk/commute-times/) - Analysis by the Office for National Statistics has shown that women who commute for an hour are nearly 30 per cent more likely to leave their jobs than if they have a ten-minute commute. The ONS believes this is due to childcare commitments. In comparison, men are more likely to look at money as the
- [Are your job adverts accidentally putting off potential applicants?](https://www.bermans.co.uk/are-your-job-adverts-accidentally-putting-off-potential-applicants/) - Are your job adverts accidentally putting off potential applicants? A new LinkedIn report has looked at the language used in job adverts and found that certain things can deter a potential applicant from applying. The survey of more than 1000 employees and 250 recruitment managers found that more than half of women would be put
- [Disability discrimination](https://www.bermans.co.uk/disability-discrimination-2/) - A person is disabled if she has a physical or mental impairment which has a substantial and long-term adverse effect on her ability to do day to day activities. To be 'long-term' an impairment must have lasted, or be likely to last, at least 12 months. An impairment can be treated as continuing when it
- [Vegetarianism and Philosophical belief](https://www.bermans.co.uk/vegetarianism-and-philosophical-belief/) - A philosophical belief might be a protected characteristic if it: • Is genuinely held and isn’t just a viewpoint or an opinion; • Relates to a weighty and substantial aspect of human life and behaviour; • Attains a certain level of cogency, seriousness, cohesion and importance and be worthy of respect in a democratic society; • Is compatible with
- [Gig economy](https://www.bermans.co.uk/gig-economy/) - Worker status is the holy grail in the gig economy, including the fields of taxi rides, food delivery and courier services. Workers are entitled to certain employment rights such as the national minimum wage and paid holiday, whereas the genuinely self-employed are not. Section 230(3) of the Employment Rights Act 1996 defines a worker as
- [Injury to feelings](https://www.bermans.co.uk/injury-to-feelings/) - If an employee wins a discrimination claim, the employment tribunal will award compensation for injury to feelings. There are three bands: top band for the most serious cases (currently £26,300 - £44,000); middle band for serious cases not worthy of a top band award (£8,800 - £26,300) and bottom (£900 - £8,800) for less serious
- [Discrimination at work?](https://www.bermans.co.uk/discrimination-at-work/) - Amy harasses Bill if she does something in relation to a protected characteristic (race, sex, disability etc) which has the purpose or effect of violating Bill's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for him. If Amy harasses Bill 'during the course of employment' then the employer will be vicariously liable
- [Secret recordings in the workplace](https://www.bermans.co.uk/secret-recordings-in-the-workplace/) - In 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,
- [Accession of Equipment](https://www.bermans.co.uk/accession-of-equipment/) - Most asset finance agreements contain an express provision that any equipment added to the asset financed by the lessee automatically belongs to the financier. This reflects the common law doctrine of accession, by which the rights of the original owner of the added equipment are extinguished. The most common application of this principle is in
- [The Power of Podcasts](https://www.bermans.co.uk/the-power-of-podcasts-2/) - Article by Guy Kilty, Founder of Dap Dip podcast production and experienced journalist, broadcaster & podcaster. As you may have heard, podcasts are booming. The number of people in the UK listening to them every week has doubled to six million over the last five years, and it’s not going to stop there. Globally, listener numbers
- [Employment Law: Gender pay gap reporting](https://www.bermans.co.uk/employment-law-gender-pay-gap-reporting/) - The Government Equalities Office has told the Treasury Select Committee that it is planning to extend the gender pay gap reporting obligations. The gender pay gap refers to the fact that average pay for men is greater than average pay for women. Since 2017, companies with 250 or more employees must publish their gender pay
- [Asset Finance: Administrators claim to Vehicle “misconceived”](https://www.bermans.co.uk/asset-finance-administrators-claim-to-vehicle-misconceived/) - We recently successfully represented Ferrari Financial Services GMBH in roundly defeating a claim by administrators who sought to interfere with Ferrari’s right to possession of a vehicle worth in the region of £7 Million. Ever since the landmark Atlantic Computers case in 1991 administrators have in general recognised that they have very limited ability to
- [Bermans corporate team advise on acquisition](https://www.bermans.co.uk/bermans-corporate-team-advise-on-acquisition/) - The Manchester corporate team at Bermans advised Nottingham-headquartered engineering business through its acquisition by US owned Brennan Industries Inc. Sale based Camlee Group (Lee Wojtkiw and Max Perry) provided corporate finance advice on the deal and will see Miric Engineering join the Brennan Group with the acquisition expanding Brennan's global manufacturing footprint to five centres
- [Protect your home from the fraudsters](https://www.bermans.co.uk/property-your-home-from-the-fraudsters/) - Our lives are moving more online and sadly this has resulted in a rise in financial scams. A recent poll of over 2000 individuals by YouGov and Lloyds Bank found 10% of them had been the victim of a financial scam. Property transactions are particularly vulnerable, with high values involved and often time is of
- [Locking in Human Capital (EMI Scheme)](https://www.bermans.co.uk/locking-in-human-capital/) - Locking in your key employees is always a balancing act between work life balance, remuneration packages and showing employees they are valued and part of the very fabric of the organisation. One of the most effective ways of imbedding employees into your business is through capital ownership, which provides a shared goal towards exit and
- [Employment Law: Holiday Pay](https://www.bermans.co.uk/employment-law-holiday-pay-4/) - If employees are underpaid for their holiday, they can bring an unlawful deduction from wages claim. A claim must be submitted within 3 months of the underpayment, or the last in any series of deductions. In the case of Bear Scotland v Fulton, the Employment Appeal Tribunal said that a break of three months or
- [Employment Law: Age discrimination](https://www.bermans.co.uk/employment-law-age-discrimination/) - Indirect age discrimination is where a policy that is applied to all employees negatively affects people in a certain age group. An indirectly discriminatory policy can be justified if it is a proportionate means of achieving a legitimate aim. A legitimate aim of saving costs, on its own, is not enough to justify a discriminatory
- [Employment Law: Holiday Pay](https://www.bermans.co.uk/employment-law-holiday-pay-3/) - The holiday season is upon us and the next instalment of the Flowers v East of England Ambulance Trust saga has arrived from the Court of Appeal. The case involves voluntary overtime and whether it should be included when calculating holiday pay. European law says that holiday pay should be based on 'normal remuneration'. If
- [Employment Law: Veganism](https://www.bermans.co.uk/employment-law-veganism/) - According to a recent survey of 1000 vegan employees and 1000 employers, almost half of vegan employees have felt discriminated against by their employers. 31 per cent said they had felt harassed at work or treated unfairly due to their veganism. The survey also revealed that almost half of employers did nothing to accommodate their
- [Employment Law: Unfair dismissal and permanent health insurance (PHI)](https://www.bermans.co.uk/employment-law-unfair-dismissal-and-permanent-health-insurance-phi/) - PHI provides employees with pay during long term sickness or incapacity. Policies can define incapacity differently. Some policies define it as an employee's inability to return to their actual job. Some policies define it as an inability to return to any job. Sometimes the courts get involved if the parties don't agree on the meaning
- [Employment Law: Unfair dismissal](https://www.bermans.co.uk/employment-law-unfair-dismissal-3/) - If an employee wins their unfair dismissal claim, a tribunal can order compensation. They also have the power to order reinstatement (to the old job) or reengagement (to a comparable job). A tribunal might not make such an order if it is not 'practicable', for example if the relationship between employer and employee has broken
- [Employment Law: Discrimination arising from disability](https://www.bermans.co.uk/employment-law-discrimination-arising-from-disability/) - Discrimination arising from disability happens when an employer treats an employee unfavourably because of something that arises because of their disability (and which cannot be objectively justified). However, an employer will not be liable if they didn’t know the employee was disabled and could not reasonably have been expected to know. In Baldeh v Churches
- [Employment Law: Unfair dismissal](https://www.bermans.co.uk/employment-law-unfair-dismissal-2/) - Proselytising is where someone preaches about religion with a view to converting other people to that religion. The Court of Appeal has recently examined when a dismissal for proselytising can be fair. In Kuteh v Dartford and Gravesham NHS Trust, the employee was a nurse who started conversations about her Christian religion with pre-operative patients.
- [Employment Law: Parental leave](https://www.bermans.co.uk/employment-law-parental-leave/) - The Court of Appeal has decided that it is not discriminatory for an employer to pay men on shared parental leave less than birth mothers on statutory maternity leave. The Court of Appeal looked at the issue in a series of joined cases, including Hextall v Chief Constable of Leicestershire Police. In all the cases,
- [Big Changes for Private Sector Businesses in IR35](https://www.bermans.co.uk/big-changes-for-private-sector-businesses-in-ir35/) - Back in 2000, legislation was introduced to ensure individuals who operated as independent contractors but who worked like employees, paid broadly the same tax and national insurance contributions as employees. The ‘off-payroll working rules’ are commonly referred to as IR35. With around 900,000 contractors operating in this way, this legislation affected a not insignificant part
- [The Power of Presentation](https://www.bermans.co.uk/the-power-of-presentation/) - Article by Sean Murphy, Consultant and Director at Evidential Ltd About Sean Murphy Educated to degree level in graphic design, Sean started his career working at the Imaging Unit of Greater Manchester Police as an Imaging Analyst. Some of the high-profile work Sean worked on included million-pound drug operations, football hooligan violence and many different
- [Client Focus Q&A: thestartupfactory.tech](https://www.bermans.co.uk/client-focus-qa-thestartupfactory-tech/) - We met up with Guy Remond, Founder of thestartupfactory.tech (pictured left) for our latest client focus Q&A. 1) What is your business? I co-own and own two businesses. The first is thestartupfactory.tech, which helps tech start-ups build their product, prepare and then execute rapid growth. thestartupfactory.tech is made up of an eclectic mix of experienced commercial operators
- [Is Employee Ownership an Option for your Business?](https://www.bermans.co.uk/is-employee-ownership-an-option-for-your-business/) - What do Riverford, the organic vegetable box company, Richer Sounds, the hi-fi chain and Turleys, the planning consultancy have in common? Well, as from May 2019, they are or are about to become employee owned businesses with Julian Richer being the latest business owner to announce he is transferring 60% of his shareholding into an
- [Insolvency - Security and its enforcement](https://www.bermans.co.uk/security-and-its-enforcement/) - We regularly advise organisations and individuals on loan arrangements with companies which include taking security over assets in case the borrower defaults on the repayments and becomes insolvent. Clients range from banks, finance companies and private debenture holders to shareholders who have taken security for deferred consideration following a business sale or directors who have
- [Insolvency - Company Voluntary Arrangements (CVA)](https://www.bermans.co.uk/insolvency-company-voluntary-arrangements-cva/) - A company voluntary arrangement (CVA) is a process that allows a distressed company to pay back its creditors over a fixed period of time. The company may negotiate to pay a proportion of the debt owed to the creditors as opposed to the whole amount thereby reducing its debts. In order for a company to
- [Insolvency - Directors' Disqualification](https://www.bermans.co.uk/insolvency-directors-disqualification/) - Company directors can be disqualified if they do not meet their legal responsibilities. When a company is unable to pay its debts the law sets out a number of specific duties that a director must comply with. However, this is likely to be a highly stressful situation and it is not uncommon for directors to
- [Insolvency - Liquidation](https://www.bermans.co.uk/insolvency-liquidation/) - Liquidation is the procedure through which the assets of a company are realised and distributed to creditors to satisfy the company’s debts in accordance with the Insolvency Act 1986. At the end of this procedure the company is dissolved and no longer exists. The process is often referred to as winding up a company. Liquidation
- [Insolvency - Receivership](https://www.bermans.co.uk/insolvency-receivership/) - Administrative Receivership Prior to 2002, creditors holding a charge over a company’s assets (usually a bank), had the right in certain circumstances to appoint a receiver. A receiver was an Insolvency Practitioner who acted on behalf of the creditor. Its duty was to take custody of the company’s assets and exercise powers with a view
- [Insolvency Litigation](https://www.bermans.co.uk/insolvency-litigation/) - We advise a wide range of stakeholders on litigation that arises as a result of a company being insolvent. This includes actions against the company and its officers as well as actions which the directors, officers or insolvency practitioners (“IPs”) pursue on behalf of the company. Advising Directors/Shareholders We advise directors/shareholders on numerous matters including:
- [Stamp Duty Land Tax (SDLT) Changes Proposed for non-UK Residents](https://www.bermans.co.uk/stamp-duty-changes-proposed-for-non-uk-residents/) - On the 6 May 2019, a 12 week consultation by the Government on proposed changes to Stamp Duty Land Tax (SDLT) rates for non-UK residents will come to an end. This is the Government’s latest scheme to assist people to get on the property ladder. Their main focus is on building more homes but, as
- [Credit Protection Revisited](https://www.bermans.co.uk/credit-protection-revisited/) - The recent decision by one of the main bank owned invoice financiers to withdraw from the provision of credit protection has highlighted a continuing debate within the industry on issues arising from the interface between bad debt protection on the one hand and the provision of insurance on the other hand. It is now widely
- [Funding Credit hire and Credit repair](https://www.bermans.co.uk/funding-credit-hire-and-credit-repair/) - The Credit hire and credit repair industries and ancillary services provided to claimants in "no fault" accidents have traditionally been regarded as challenging sources of business for invoice financiers, but there are signs that financiers are becoming more comfortable with the risks involved. It is fair to say that these industries have over recent years
- [Fraudulent Director Disqualified for 7 years](https://www.bermans.co.uk/fraudulent-director-disqualified-for-7-years/) - Invoice financiers may take some comfort from a recent press release from the Insolvency Service which is worth setting out in full: “Terence Coventry (39), from Gainsborough, Lincolnshire, was appointed the sole director of Alliance Traffic Services Limited in April 2016 before he caused the company to enter into a factoring agreement a month later.
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- [Bermans top Business Money Poll](https://www.bermans.co.uk/bermans-top-business-money-poll/) - In April 2019, Bermans topped the professional poll for choice of legal services for both +£100k and sub £100k funds out in Business Money’s report of the UK invoice finance sector. The professionals poll rankings are voted for by asset finance providers who are asked about their choice of professional when acquiring a lawyer amongst
- [Invoice Financiers and the Financial Ombudsman Service](https://www.bermans.co.uk/invoice-financiers-and-the-financial-ombudsman-service/) - On 1 April 2019 the jurisdiction of the Financial Ombudsman Service (“FOS”) was extended to include additional categories of eligible complainants such as more SMEs and individual guarantors of loans. The FCA has also indicated that it intends to increase the limit of an award which can be made by the FOS under its compulsory
- [Guest article: Neil Inskip, BGF](https://www.bermans.co.uk/guest-article-neil-inskip-business-growth-fund/) - Neil Inskip heads up BGF’s Manchester office which covers the North West region. He is involved in all aspects of the investment process from origination through to completion and supports companies to achieve their growth targets up to exit. He has led over a dozen investments at BGF across a range of sectors, such as
- [Insolvency - Administration](https://www.bermans.co.uk/insolvency-administration/) - Insolvency is defined in the Insolvency Act 1986, but broadly it means when a company does not have sufficient assets to discharge its liabilities as they fall due. If this occurs, there are options open to the company owners and other stakeholders, one of which is administration. Administration is an insolvency process where an insolvent
- [Insolvency Procedures](https://www.bermans.co.uk/insolvency-procedures/) - We act for insolvency practitioners, lenders and business owners on all aspects of corporate restructuring and insolvency. Our client base includes a number of North West based and nationally based insolvency practitioners, most of whom we have advised for many years. They welcome our practical and commercial advice and our responsiveness. We advise them on
- [Praesidium HR Online Relaunch](https://www.bermans.co.uk/praesidium-hr-online-relaunch/) - Ever-changing employment law is a major feature of modern business life and failing to properly manage these vital issues can seriously damage your businesses finances and reputation. To help you stay informed and protected in every area of your employment activity, Bermans are part of the Praesidium Employment Law Protection network. What is Praesidium? Praesidium
- [Employment Law: The Good Work Plan](https://www.bermans.co.uk/the-good-work-plan/) - Following the Taylor Review on Modern Working Practices, the government has proposed changes to employment law. The following changes will take effect from April 2020: The right to a basic written contract will take effect from day 1 of employment, for workers as well as employees; The period for calculating an average week's pay will
- [Employment Law: Maternity discrimination](https://www.bermans.co.uk/employment-law-maternity-discrimination/) - An employer discriminates against a woman if they treat her unfavourably because she is taking maternity leave. In SW Yorkshire NHS Trust v Jackson, the employee was on maternity leave when redundancies were announced. She attended a consultation meeting and was put at risk of redundancy. Redeployment information was sent to her work email account
- [Employment Law: Final written warnings](https://www.bermans.co.uk/employment-law-final-written-warnings/) - An employee can be fairly dismissed for misconduct (rather than gross misconduct) if they already have a final written warning in place. In Beattie v Condorrat, the Employment Appeal Tribunal considered whether a final written warning could be valid if it was given without conducting a full investigation. The employee was a bar steward in
- [Employment Law: Changes to online 'right to work' checks](https://www.bermans.co.uk/employment-law-changes-to-online-right-to-work-checks/) - The government has made changes to the Right to Work Checking Service, which enables UK employers to check whether individuals are subject to any restrictions. From 28 January 2019, an employer will be able to rely solely on the online checks, provided the prospective employee can use the service. For employees who are non-EEA residents
- [Employment Law: Constructive dismissal](https://www.bermans.co.uk/employment-law-constructive-dismissal/) - In order to suspend an employee fairly, an employer must have reasonable and proper cause for doing so. If not, suspension could breach the implied term of mutual trust and confidence and create a constructive dismissal. In London Borough of Lambeth v Agoreyo, the Court of Appeal looked at the decision to suspend a teacher
- [Employment Law: Disciplinaries and criminal proceedings](https://www.bermans.co.uk/employment-law-disciplinaries-and-criminal-proceedings/) - In professional misconduct cases, a criminal investigation often sits alongside a disciplinary investigation. Employers do not want to wait for the outcome of the criminal case before concluding disciplinary proceedings, especially when the employee is suspended on full pay. The Court of Appeal looked at this issue in North West Anglia NHS Trust v Gregg,
- [Employment Law: Are you managing your millennials properly](https://www.bermans.co.uk/employment-law-are-you-managing-your-millennials-properly/) - Are you managing your millennials properly? Natalie Salunke, Head of Legal, Europe at Fleetcor, and a millennial herself, has written an article on this topic. 'Millennial' is a term used to describe the generation born between the early 1980s and the late 1990s. Whilst recognising that everyone is different, Ms Salunke offers her views on
- [Employment Law: New holiday pay guidance](https://www.bermans.co.uk/employment-law-new-holiday-pay-guidance/) - The Department for Business, Energy and Industrial Strategy has published new holiday pay guidance. The guidance was issued after a survey revealed an 'alarming lack of awareness' about holiday pay. The survey showed that half of workers thought that those on zero hours contracts were not entitled to holiday pay. More than half thought they
- [Employment Law: Worker status](https://www.bermans.co.uk/employment-law-worker-status/) - The worker status bubble has expanded recently and found its way into the public sector. In Braine v The National Gallery, an employment tribunal has held that art educators are workers when they are working on individual assignments. The educators were art experts. Their role was to deliver talks, lectures and workshops at the National
- [Employment Law: Disability Discrimination](https://www.bermans.co.uk/disability-discrimination/) - Discrimination arising from disability is where an employer treats an employee less favourably because of 'something' which results from their disability, and which can't be justified. The Employment Appeal Tribunal has recently looked at whether it is discriminatory to discipline an employee for failing to follow an instruction they mistakenly think will exacerbate their disability.
- [Non-Disclosure Agreements and Employment Contracts](https://www.bermans.co.uk/non-disclosure-agreements-and-employment-contracts/) - The recent high-profile case against Harvey Weinstein and the treatment of the hostesses at the Presidents Club Dinner have shone a spotlight on the use of non-disclosure agreements in employment contracts and this has led to the Government taking a closer look at them. What is a non-disclosure agreement? A non-disclosure agreement (NDA) is simply
- [Consumer Rights Act may apply to Guarantors of Companies](https://www.bermans.co.uk/consumer-rights-act-may-apply-to-guarantors-of-companies/) - The Consumer Rights Act 2015 (“CRA”) is an important piece of recent legislation which governs many contracts between traders and consumers, and implements the. EU Unfair Contract Terms Directive (93/13/EC) (“UTD”.) “Consumer” is defined in section 2 (3) of the Act as: – “an individual acting for purposes that are wholly or mainly outside that
- [Substantial increase in Financial Ombudsman Service Awards Limit](https://www.bermans.co.uk/substantial-increase-in-financial-ombudsman-service-awards-limit/) - The FCA has indicated that it intends to increase the limit of an award which can be made by the Financial Ombudsman Service under its compulsory jurisdiction scheme from £150,000 to £350,000. This is an unwelcome development for asset financiers given that the FOS is not required to make decisions strictly in accordance with the
- [Declarations as to satisfactory quality](https://www.bermans.co.uk/declarations-as-to-satisfactory-quality/) - We were surprised to come across a situation recently in which an asset financier (who we were not advising) sought to rely upon a declaration contained within its standard terms and conditions to the effect that the assets on finance had been delivered, were of satisfactory quality and were fit for their purpose. This was
- [Claims for conversion against company directors](https://www.bermans.co.uk/claims-for-conversion-against-company-directors/) - We recently advised asset financiers as to their rights where a company which had taken numerous items of plant and machinery on Hire Purchase purported to sell the assets to a buyer in the European Union who then sold them on to a buyer in Asia. The Hirer Company was effectively insolvent but it was
- [Employment Law: Dismissal for long term sickness](https://www.bermans.co.uk/employment-law-dismissal-for-long-term-sickness/) - Can an employer dismiss an employee for capability reasons when they are contractually entitled to long term disability benefits? No, not fairly, the Employment Appeal Tribunal has said in Awan v ICTS. Mr Awan went on long term sick leave. After six months' full pay, he was contractually entitled to a disability benefit plan which
- [Employment Law: Non-disclosure agreements](https://www.bermans.co.uk/employment-law-non-disclosure-agreements/) - In the year of the #metoo campaign, there have been numerous headlines about the use of non-disclosure agreements (NDAs), often involving high profile people. NDAs are used to ensure past misdemeanours stay private. Many settlement agreements contain confidentiality provisions preventing employees talking about the deal and the events leading up to it. The Women and
- [Employment Law: Tribunal fees](https://www.bermans.co.uk/employment-law-tribunal-fees/) - The Ministry of Justice has suggested that employment tribunal fees may be reintroduced. The Permanent Secretary for the Ministry of Justice said that a balance could be reached between increasing tribunal funding (via fees) and ensuring employees still had access to justice. He said the Unison Supreme Court case which resulted in fees being abolished
- [Employment Law: ACAS advice on performance management systems](https://www.bermans.co.uk/employment-law-acas-advice-on-performance-management-systems/) - ACAS has published new guidance on performance management. It sets out what performance management is and why it is good for both the business and its employees. It sets out the benefits of good performance management systems. These include having motivated staff, getting the best out of employees, delivering projects effectively, and weeding out poor
- [Employment Law: Happy new year for vegans](https://www.bermans.co.uk/employment-law-happy-new-year-for-vegans/) - It looks like it might be a happy new year for vegans. The employment tribunal will decide in March 2019 whether ethical veganism is protected by the Equality Act 2010 as a 'philosophical belief', akin to a religion. Jordi Casamitjana will have to show that his ethical veganism meets the legal test: his belief is
- [Employment Law: Holiday pay](https://www.bermans.co.uk/employment-law-holiday-pay-2/) - Do workers lose the right to a payment in lieu of holiday at the end of their employment if they did not try to take it? No, said the Court of Justice of the European Union in Kreuziger v Berlin. The employee worked for a German public sector employer. His employment ended but the employer
- [Employment Law: Whistleblowing](https://www.bermans.co.uk/employment-law-whistleblowing/) - Can co-workers be liable for whistleblowing dismissals along with the employer? Yes, the Court of Appeal has said in Timis v Osipov. Mr Osipov was the employer's CEO. Two directors decided to dismiss him after he made protected disclosures. The employee brought claims against the company for whistleblower dismissal under section 103A of the Employment
- [Employment Law: Redundancy trial periods](https://www.bermans.co.uk/employment-law-redundancy-trial-periods/) - Is it unfair not to offer a trial period for a more junior role even if the employee did not complain at the time? Yes, if it is a contractual right, said the employment appeal tribunal in George v London Borough of Brent. Trial periods allow an employee to try out a new role whilst
- [Employment Law: Part-time workers' pay](https://www.bermans.co.uk/part-time-workers-pay/) - Is it unfair to pay an employee 50 % of full-time pay for being on duty for 53.5% of the time? Yes, the Court of Appeal said in British Airways v Pinaud, in a case which will affect around 600 similar claims pending against BA. The employee worked part-time as cabin crew for BA. She
- [Employment Law: Unfair dismissal](https://www.bermans.co.uk/employment-law-unfair-dismissal/) - Is it fair to dismiss an employee in the transport industry who fails a drugs test? Not always, said the employment tribunal recently. Ball v First Essex Buses looked at the range of reasonable responses test in conduct dismissals and shows how an employer can come unstuck even in seemingly clear-cut cases. A bus driver
- [Employment Law: Are Uber drivers workers?](https://www.bermans.co.uk/employment-law-are-uber-drivers-workers/) - The Court of Appeal has confirmed this month that Uber drivers are workers rather than self-employed, in Uber v Aslam. The drivers' contracts described them as independent contractors. They had to undertake an interview and an induction. They had to perform the work personally. Drivers used their own vehicles, but Uber stipulated appropriate brands and
- [Employment Law: Is an employer responsible for the actions of an employee who has 'gone rogue'?](https://www.bermans.co.uk/is-an-employer-responsible-for-the-actions-of-an-employee-who-has-gone-rogue/) - Is an employer responsible for the actions of an employee who has 'gone rogue' and deliberately posted sensitive employee data online? Yes, the Court of Appeal has said in Morrisons v Various Claimants. Mr Skelton was an internal auditor at Morrisons. He had been recently disciplined and held a grudge against the company. He took
- [Employment Law: Should emailing whilst commuting count as work?](https://www.bermans.co.uk/employment-law-should-emailing-whilst-commuting-count-as-work/) - 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. Some passengers felt sending work emails was
- [Employment Law: Disability discrimination](https://www.bermans.co.uk/employment-law-disability-discrimination/) - 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
- [Employment Law: National minimum wage and 'sleeping in'](https://www.bermans.co.uk/employment-law-national-minimum-wage-and-sleeping-in/) - 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
- [Employment Law: Limiting Discrimination claims](https://www.bermans.co.uk/employment-law-limiting-discrimination-claims/) - Can a tribunal make an employee choose their 'best ten' allegations in a discrimination claim? Not usually, said the Employment Appeal Tribunal in Tarn v Hughes. Dr Tarn was a GP. She brought claims for sex and pregnancy discrimination. She had agreed a list of issues with the employer, which contained 21 acts of alleged
- [Employment Law: Holiday Pay](https://www.bermans.co.uk/employment-law-holiday-pay/) - The holiday season might have ended, but holiday pay remains a hot topic. In Flowers v East of England Ambulance Trust, the Employment Appeal Tribunal looked at whether voluntary overtime should be included in holiday pay. Employees should be paid their 'normal remuneration' when they take holiday. But is voluntary overtime 'normal' pay? This case
- [Employment Law: Post TUPE variation of contract](https://www.bermans.co.uk/employment-law-post-tupe-variation-of-contract/) - Mr Tabberer and his colleagues were electricians. They were originally employed by Birmingham City Council. Their employment transferred several times by way of TUPE (Transfer of Undertakings (Protection of Employment) Regulations 2006) over the years. At the time of the tribunal claims, they were employed by Mears. The employees were contractually entitled to receive an
- [Employment Law: Establishing disability](https://www.bermans.co.uk/employment-law-establishing-disability/) - Is every medical condition a disability? And if an employee mentions a medical condition, does that mean the employer knew that the employee was disabled? Not necessarily, said the Employment Appeal Tribunal in Mutombo-Mpania v Angard Staffing Solutions. The employer supplied agency staff to Royal Mail. The employee had essential hypertension (high blood pressure) for
- [Employment Law: When is notice not notice?](https://www.bermans.co.uk/employment-law-when-is-notice-not-notice/) - When is notice not notice? When it is ambiguous, said the Employment Appeal Tribunal in East Kent Hospitals v Levy. The employee worked in the records department. She had a poor sickness absence record. She applied for a role in the hospital's radiology department, which she was offered subject to pre-employment checks. She wrote to
- [Employment tribunal: Range of costs](https://www.bermans.co.uk/employment-tribunal-range-of-costs/) - Our pricing for bringing and defending claims for unfair or wrongful dismissal (excluding disbursements and Counsel’s fees). Simple case: £8000 to £10,000 (excluding VAT) Medium complexity case: £10,000 to £20,000 (excluding VAT) High complexity case: £20,000 to £75,000 (excluding VAT). Factors that could make a case more complex: If it is necessary to make or
- [Bills of Sale escape extinction](https://www.bermans.co.uk/bills-of-sale-escape-extinction/) - 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
- [Electronic Execution of Deeds under Review](https://www.bermans.co.uk/electronic-execution-of-deeds-under-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. This is a point of particular
- [GDPR Bedding In](https://www.bermans.co.uk/gdpr-bedding-in/) - 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
- [Prohibitions on assignment finally outlawed](https://www.bermans.co.uk/prohibitions-on-assignment-finally-outlawed/) - 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. Following this initial proposal provision was made in the Small Business, Enterprise and Employment Act 2015 for
- [Escalate wins the grand slam!](https://www.bermans.co.uk/escalate-wins-the-grand-slam/) - 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. This latest recognition completes a unique grand slam of major awards for Escalate, which was also
- [Employment Law: Whistleblowing – protected disclosures](https://www.bermans.co.uk/employment-law-whistleblowing-protected-disclosures/) - Sections 43A-43L of the Employment Rights Act 1996 protect workers who report malpractice (a 'disclosure') by their employer and are then treated badly. For a disclosure to be protected it must contain 'information' which the employee reasonably believes is in the public interest. It must also show some sort of wrongdoing (such as a criminal
- [Employment Law: Variations of contract](https://www.bermans.co.uk/variations-of-contract/) - How easy is it for an employer to impose a pay freeze? In Abrahall v Nottingham City Council, the Court of Appeal decided that a group of employees had not 'agreed' to a pay freeze when they continued to work without protest afterwards. In 2011, the Council imposed a two year pay freeze. The recognised
- [Employment Law: Employee status and 'umbrella' contracts](https://www.bermans.co.uk/employment-law-employee-status-and-umbrella-contracts/) - Can an individual employed as 'bank staff', with no guaranteed hours, be an 'employee'? Ms Lane-Angell worked for Hafal assisting vulnerable adults in police detention. Her contract said there were 'no guaranteed hours' and Hafal would use her services 'as and when they are required, if you are available'. Ms Lane-Angell would communicate her availability
- [Employment Law: Payslips](https://www.bermans.co.uk/employment-law-payslips/) - The catchily named Employment Rights Act 1996 (Itemised Pay Statement) (Amendment) (No.2) Order 2018 requires businesses to provide all 'workers' with an itemised pay slip. Previously, only employees were entitled to receive itemised statements. Workers will now have the right to bring an employment tribunal claim if businesses do not comply, and this extension of
- [Employment Law: ACAS guidance on overtime](https://www.bermans.co.uk/employment-law-acas-guidance-on-overtime/) - Most employers use overtime at some point, to satisfy increased demands such as a large order or an unexpected increase in work. The new ACAS guidance explains the difference between voluntary and compulsory overtime. It also describes the two types of compulsory overtime: Guaranteed overtime is where an employer has to offer overtime and the
- [Employment Law: Do you really want to know what your employees are thinking?](https://www.bermans.co.uk/employment-law-do-you-really-want-to-know-what-your-employees-are-thinking/) - Chinese companies are reportedly using brain-scanning helmets to keep an eye on their employees' state of mind. The helmets contain an EEG (electroencephalogram) sensor that records brain activity. The helmets are designed to monitor employees' emotional states with the aim of boosting productivity. If employees are feeling sad or stressed then managers will know about
- [Employment Law: The last straw](https://www.bermans.co.uk/employment-law-the-last-straw/) - The law on constructive dismissal has been under the spotlight recently. Sometimes, employees claim constructive dismissal because of a 'last straw' which pushes them over the edge. The courts have recently considered whether a fair disciplinary process – no matter what the outcome – can ever be that 'last straw'. Ms Kaur was a nurse
- [Employment Law: Disciplinary action for high sickness absence](https://www.bermans.co.uk/employment-law-disciplinary-action-for-high-sickness-absence/) - High sickness absence can place huge pressure on a business. How easy is it to take disciplinary action against a disabled employee for high sickness absence? The Employment Appeal Tribunal has looked at this issue recently in a case where the employee was absent for 60 days in a 12-month period. Mrs O'Connor had a
- [Bermans announce highest turnover in firms history](https://www.bermans.co.uk/bermans-announce-highest-turnover-in-firms-history/) - Bermans has announced record financial results for the fourth consecutive year with the firm reporting an increase in turnover by 12% from £5.3M to £5.95M for the financial year ending 30th June 2018. Bermans success has been demonstrated through a number of achievements such as its dispute resolution product, Escalate, winning ‘Innovation of the Year’
- [GDPR Lift-off](https://www.bermans.co.uk/gdpr-lift-off/) - "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”. Information Commissioner Elizabeth Denham, BBC Radio 4’s Today programme, 25 May 2018
- [FCA Publishes New Consumer Credit Information Sheets](https://www.bermans.co.uk/fca-publishes-new-consumer-credit-information-sheets/) - The FCA has published new versions of the information sheets that consumer credit firms must use to accompany arrears and default notices. Firms are required to use the new versions from 27 July 2018. Section 86A of the Consumer Credit Act 1974 requires Funders to include a copy of the relevant information sheet when notifying
- [JMLSG updates its anti-money laundering guidance for Asset Finance](https://www.bermans.co.uk/jmlsg-updates-its-anti-money-laundering-guidance-for-asset-finance/) - The Joint Money Laundering Steering Group (JMLSG) has published a revised version of the Asset Finance sectors in Part II of its guidance on the prevention of money laundering and the financing of terrorism for the UK financial services industry. Most of the amendments are minor but it is worth reading the Guidance which is
- [Insolvency News: Invoice Discounter’s Collection Fees Successfully Challenged](https://www.bermans.co.uk/insolvency-news-invoice-discounters-collection-fees-succesfully-challenged/) - In the case of BHL v Leumi ABL Ltd [2017] EWHC 1871 (QB) the High Court required an invoice discounter to refund excessive collection fees charged after the administration of Cobra Beers Limited. Background On 11 April 2008, Cobra entered into a receivables financing agreement (RFA) with Leumi ABL Limited. On 29 May 2009, Cobra
- [Insolvency News: Phoenix Company regulation with teeth?](https://www.bermans.co.uk/phoenix-company-regulation-with-teeth/) - The Neuberg family operated a business producing light metal products and traded under the name Neuberg Metal Spinners for many years. In 1998 a company operated by Mr Neuberg called Neuberg Metal Spinners Limited went into liquidation. Despite this, the family business continued to trade under the name Neuberg Metals but through a new company,
- [Property News: Stamp Duty Land Tax update](https://www.bermans.co.uk/stamp-duty-land-tax-update/) - 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
- [Identity Fraud and Property Transactions: Another Twist](https://www.bermans.co.uk/identity-fraud-and-property-transactions-another-twist/) - Last July we wrote this article about three recent cases of identity fraud in property sales. In each case a fraudster impersonated the vendor and then absconded with the proceeds paid by the would-be purchasers, leaving the latter to try and sue either their solicitors or the ones acting for the fraudster. There were various
- [Yet Further Delay in outlawing bans on assignment](https://www.bermans.co.uk/yet-further-delay-in-outlawing-bans-on-assignment/) - We reported in the Winter 2017 edition of the Briefing that we had been informed by BEIS that they were content with a revised form of the Business Contract Terms (Restrictions on Assignment of Receivables) Regulations, which were first proposed as long ago as December 2014. The draft Regulations were submitted for parliamentary approval, but
- [GDPR is here](https://www.bermans.co.uk/gdpr-is-here-2/) - GDPR
- [Liverpool has a smart new urban brewery & distillery!](https://www.bermans.co.uk/h1780-tap-still/) - Stephen Crawley (pictured left), founder & chief executive of Higsons 1780 Ltd, was born and bred on the Wirral and has held a lifelong ambition to bring pride back to the city’s brewing heritage and revive the glory of the former Higsons Brand. In this article, he tells the story of the brand and how
- [Buying distressed businesses](https://www.bermans.co.uk/buying-distressed-businesses/) - In this article, Jon Davage outlines some pointers for those seeking acquisition opportunities via an insolvency process. The folding of a company may be catastrophic for the stakeholders of the relevant company, but insolvencies provide buyers with the ability to acquire assets and valuable customer contracts at reduced prices. However, acquisitions of this type are
- [Client Focus Q&A: Recom Solutions Ltd and Hardcastle & Hogarth](https://www.bermans.co.uk/client-focus-qa-gemma-price/) - We met up with Gemma Price, Operations Director at Recom Solutions Ltd and Hardcastle & Hogarth (pictured left) for our latest client focus Q&A. 1.What is your business? Founded in 2012, Recom Solutions is a specialist Construction, Project Management and Consultancy company, which delivers tailored services to a range of clients. Recom acquired Hardcastle and
- [Bermans strengthen their offering with new recruits](https://www.bermans.co.uk/bermans-strengthen-their-offering-with-new-recruits/) - North West law firm, Bermans, who have offices in Liverpool and Manchester, have recently appointed two new recruits in their litigation and corporate departments. The business recently relocated its Manchester office to One King Street and continues to add value to its offering with its recent additions. (Pictured L-R Gareth Farrelly & Stephen Jarman) The
- [Bermans wins Best Receivables Finance Lawyer award](https://www.bermans.co.uk/bermans-wins-best-receivables-finance-lawyer-award/) - We are pleased to announce that Bermans were named Best Receivables Finance Lawyer 2017 at The Business Money Receivables Awards! These awards were voted for by the funders in the industry which makes us even more proud to receive the award. Our specialist asset based lending team continually strive to work hard for our clients
- [GDPR Update](https://www.bermans.co.uk/gdpr-update/) - Funders should be well advanced in their preparations for the introduction of the EU General Data Protection Regulation on 25 May 2018. The FLA recently circulated some important information relating to its discussions with the main Credit Reference Agencies, who in turn have been liaising with the Information Commissioner’s Office and a standard Credit Reference
- [ECJ Guidance on the VAT treatment of Leases](https://www.bermans.co.uk/ecj-guidance-on-the-vat-treatment-of-leases/) - A recent VAT case in the European Court Justice is of considerable interest to motor-vehicle financiers because it blurs the long established distinction between the VAT treatment of lease and hire purchase. Hire purchase is generally regarded as a supply of goods for which VAT is payable at the outset on delivery, whereas a lease
- [Continuing Duty of Performance of Equipment](https://www.bermans.co.uk/continuing-duty-of-performance-of-equipment/) - A recent case in the High Court contains some interesting comments on the extent to which an obligation to provide equipment on hire of satisfactory quality and/or fit for purpose extends beyond the initial point of delivery. The starting point is section 9 of the Supply of Goods and Services Act 1982 which provides: –
- [Bermans moves to One King Street](https://www.bermans.co.uk/bermans-moves-to-one-king-street/) - 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. Phil
- [Escalate case study two: sports club construction dispute (£450,000+)](https://www.bermans.co.uk/escalate-case-study-sports-club-construction-dispute-450000/) - Background A sports club sold off part of its land to a developer in return for the construction of a new club house on the remaining club’s land. Construction costs over-ran, the developer walked off-site and would not return until additional funds were provided by the sports club to support the club house build. This
- [Escalate case study one : contract dispute client (£107,000)](https://www.bermans.co.uk/escalate-case-study-contract-dispute-client-107000/) - Background We recently engaged a contract dispute case in which the client was owed £107,000. The dispute was a few years old and originally the client thought it was delayed/bad debt so they instructed their local solicitor to deal with the dispute. This was unsuccessful and resulted in the defendants counter claiming for £300,000 in
- [Pitfalls in Annual Credit Statements](https://www.bermans.co.uk/pitfalls-in-annual-credit-statements/) - We 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
- [Escalate case study three: marketing company share sale (£220,000)](https://www.bermans.co.uk/escalate-case-study-three-marketing-company-share-sale-220000/) - Background An entrepreneur sold her marketing company to a UK business with an American parent with the sum to be paid in three stages over a two year period. The final instalment of £220,000 was due in October 2016 but was never received. The previous 2 instalments had been received and there was no prior
- [Free recruitment service through The University of Manchester](https://www.bermans.co.uk/free-recruitment-service-through-the-university-of-manchester/) - Manchester Graduate Talent (MGT) is the free recruitment service offered by The University of Manchester giving local Manchester businesses access to high quality graduate talent. Local companies can advertise their entry level vacancies for free through the university jobs board and the MGT team will promote the opportunities to a targeted group of students who
- [Client Focus Q&A: Lunya](https://www.bermans.co.uk/client-focus-qa-lunya/) - We met up with Elaine Kinsella (pictured left with husband Peter Kinsella ), co-founder of Lunya, a Catalonian Restaurant, Bar and Deli with restaurants in Liverpool and Manchester, for our latest client focus Q&A. 1. What is your business? I am the co-owner of LUNYA, a Catalonian Restaurant, Bar and Deli in Liverpool and Manchester.
- [Guest article: What are Capital Allowances?](https://www.bermans.co.uk/what-are-capital-allowances/) - David Harper (pictured left) is an associate director at CBRE who specifically advises on capital allowances matters in the North of England. He spends his time meeting clients and reviewing their expenditure to assess the potential tax relief whether they are purchasing/disposing, refurbishing or developing a property. David also advises on the best strategy when
- [Buy to let landlords under attack](https://www.bermans.co.uk/buy-to-let-landlords-under-attack/) - Recent changes in legislation, as part of Government policy to encourage first time buyers and owner – occupier purchases, have focused on the position of buy to let landlords. As from April 2017 the reduction of tax relief on finance costs to the basic rate of tax will begin to be phased in and this
- [HMRC updates guidance on the higher rates of stamp duty land tax](https://www.bermans.co.uk/hmrc-updates-guidance-on-the-higher-rates-of-stamp-duty-land-tax/) - The implementation of the supplemental 3% stamp duty land tax (‘SDLT’) charge came into force on 1 April 2016. Bermans has previously looked at the impact of the higher rates of SDLT, particularly in relation to its effect on individual joint purchasers, in an article that can be found here. In this article we look
- [Client Focus Q&A: Checkd Media](https://www.bermans.co.uk/client-focus-qa-checkd-media/) - We met up with Jamie Knowlson (right) CEO and Lee Struggles (left), Marketing Director at CheckdMedia for our latest Q&A. 1. What is your business? CheckdMedia is a privately-owned Social Marketing company, operating from Manchester city centre. We look to help brands engage with our established communities. We have several brands within our portfolio which
- [Half the pay for half the work?](https://www.bermans.co.uk/half-the-pay-for-half-the-work/) - British Airways v Pinaud People who work part-time are protected from being treated less favourably than their comparable full-time colleagues. The question in Ms Pinaud’s case was whether working more than 50% of full-time hours but not being paid more than 50% of a full-time salary was less favourable treatment. Ms Pinaud’s part-time working pattern,
- [OMG! Emoji!](https://www.bermans.co.uk/and-finally-omg-emoji/) - You know those buttons at places like airports and service stations that customers can press to show that they feel happy, unhappy, or indifferent about the service they have received? Well, it seems that Sports Direct has implemented something similar to discover how staff feel about the working conditions at one of its warehouses. The
- [Location, location, location](https://www.bermans.co.uk/location-location-location/) - Aziz v The Freemantle Trust Ms Aziz was a care worker who had relocated to the Trust’s Dell Field Court site. Issues arose between her and two other workers, and this triggered a period of difficulties, complaints, suspensions, absences and grievances. The situation was deemed to be dysfunctional, and the Trust decided that Ms Aziz
- [More protection for pregnant workers?](https://www.bermans.co.uk/more-protection-for-pregnant-workers/) - Guisado v Bankia SA Pregnant workers in the UK are protected by the Equality Act. The legislation makes pregnancy and maternity discrimination unlawful, the relevant period being the start of the worker’s pregnancy to the end of their maternity leave or when they return to work (if earlier). It is also automatically unfair to dismiss
- [Is voluntary overtime part of ‘normal pay’?](https://www.bermans.co.uk/is-voluntary-overtime-part-of-normal-pay/) - Dudley Metropolitan Borough Council v Willetts and others Holiday pay calculations continue to cause difficulties for employers, with uncertainty still existing over the question of which elements of workers’ pay should and should not be taken into account. In the case of Mr Willetts and some of his colleagues, an employment tribunal decided that overtime
- [Monitoring communications](https://www.bermans.co.uk/monitoring-communications/) - Barbulescu v Romania Back in 2016, the European Court of Human Rights (ECtHR) held that a worker in Romania who had been dismissed for his personal use of the internet at work had not been dismissed unfairly because of the employer’s monitoring of his internet usage. Mr Barbulescu had sent messages to his brother and
- [Collection Fees under Scrutiny](https://www.bermans.co.uk/collection-fees-under-scrutiny/) - There has been much debate and comment amongst invoice financiers and others following the recent landmark decision of the High Court in BHL v Leumi ABL Ltd [2017] EWHC 1871 (QB), but we have to point out that the decision did not come as a surprise to everyone. As long ago as spring 2012 we
- [Pre-Action Protocol for Debt Claims](https://www.bermans.co.uk/pre-action-protocol-for-debt-claims-2/) - Following an extensive consultation process since 2009 the final version of the Pre-Action Protocol for Debt Claims as dictated by the Ministry of Justice came into force on 1 October 2017. Introduction The Protocol applies to any business claiming payment of a debt from an individual. This includes sole traders, members of a partnership unless
- [Regulations to outlaw bans on assignment almost ready](https://www.bermans.co.uk/regulations-to-outlaw-bans-on-assignment-almost-ready/) - It was almost 3 years ago in December 2014 when the Government announced its intention to bring forward legislation outlawing bans on assignment in commercial contracts. The original draft Regulations published in 2015 included significant caveats for both supply chain financiers and for “terms giving rise to a duty of confidence.” An extensive consultation process
- [Data Protection and the GDPR](https://www.bermans.co.uk/data-protection-and-the-gdpr/) - Invoice financiers are gearing up for the introduction of the GDPR which will introduce significant reforms to data protection law, and are keenly interested in the outcome of discussions which are likely between UK Finance and the Information Commissioner’s Office (“ICO”). The legislation does not come into force until May 2018, and the government recently
- [Bermans dispute resolution platform wins prestigious industry award](https://www.bermans.co.uk/bermans-dispute-resolution-platform-wins-prestigious-industry-award/) - Escalate, Bermans ground-breaking commercial dispute resolution process for SMEs, has been named ‘Innovation of the Year’ at this year’s British Accountancy Awards. Escalate helps SMEs to achieve a prompt settlement to a wide range of commercial disputes, with fixed fees payable only on a successful outcome and no upfront costs. Chris Clay, one of the
- [Commercial Lease Review](https://www.bermans.co.uk/property-rent-review/)
- [30 Years a Solicitor](https://www.bermans.co.uk/30-years-a-solicitor/) - Article by Andrew Koffman, Litigation Partner 1 October 1987, a typical grey autumn day in Manchester, a far cry from the hurricane-strength winds that buffeted Britain exactly 2 weeks later. But a big day for me; after 6 years of study and training, I was finally admitted as a solicitor. I had a moderately exciting
- [Added Value from the Courts](https://www.bermans.co.uk/added-value-from-the-courts/) - We have in the past been critical of faults in the court system and the drive towards ever increasing fees, so it is only fair that we also give credit where credit is due. We recently experienced outstanding service from Manchester Mercantile Court, where we issue the vast majority of our clients’ litigation. A Claim
- [New Guidance on Schools Leasing](https://www.bermans.co.uk/new-guidance-on-schools-leasing/) - The FLA has joined forces with the Department for Education (DfE) and the National Association of School Business Management (NASBM) in producing a new document “Leasing Guidance for Schools”. This document replaces the previous FLA publication from 2011 – ‘Tips for Successful Leasing in Schools’. The new Guide seeks to encourage the use of operating
- [New Money Laundering Regulations](https://www.bermans.co.uk/new-money-laundering-regulations-2/) - The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 came into force on 26 June 2017. The new Regulations implement the Fourth EU Money Laundering Directive (“MLD4”) and entirely replace the Money Laundering Regulations 2007, and their provisions are markedly more comprehensive. Risk management The emphasis is very much
- [Cautious welcome from Creditors for new Insolvency Rules](https://www.bermans.co.uk/cautious-welcome-from-creditors-for-new-insolvency-rules-2/) - The process of replacing the Insolvency Rules 1986 and 28 subsequent amendments has necessarily involved difficult balancing exercises between the interests of numerous stakeholders, but the general consensus among creditors is that The Insolvency (England and Wales) Rules 2016 (SI 2016/1024) (“IR 2016”) which came into force on 6 April 2017 are likely to significantly
- [Pre-Action Protocol for Debt Claims](https://www.bermans.co.uk/pre-action-protocol-for-debt-claims/) - Following an extensive consultation process since 2009 the final version of the Pre-Action Protocol for Debt Claims as dictated by the Ministry of Justice will come into force on 1 October 2017. Introduction The Protocol applies to any business (including sole traders) claiming payment of a debt from an individual. This includes consumers, sole traders
- [Sickies – A Thing Of the Past?](https://www.bermans.co.uk/sickies-a-thing-of-the-past/) - If you’re a fan of the Peter Kay show, Car Share, you’ll have seen the perfect sickie in the making. John’s car share buddy, Kayleigh, calls into work. She feigns a stomach bug with great aplomb, while John looks on. It’s all part of her plan to lure John, who happens to be the assistant
- [Failure to call appeal officer wasn’t fatal](https://www.bermans.co.uk/failure-to-call-appeal-officer-wasnt-fatal/) - Elmore v The Governors of Darland High School In most unfair dismissal cases, an employer will put its dismissing officer and its appeal officer in the witness box. It makes sense to give the tribunal a full account of what happened at each stage and why. But this case shows that a fair dismissal may
- [Disability-related absence didn’t cause redundancy](https://www.bermans.co.uk/disability-related-absence-didnt-cause-redundancy/) - Charlesworth v Dransfields Engineering Services Ltd Mr Charlesworth, a branch manager, took a period of sick leave after developing cancer. His employer had been looking to make cost savings, and during Mr Charlesworth’s absence the business identified the possibility of a restructure that would delete his job and save the business up to £40,000 a
- [Damages for Redundant Apprentice](https://www.bermans.co.uk/damages-for-redundant-apprentice/) - Kinnear v Marley Eternit Ltd t/a Marley Contract Services Mr Kinnear was taken on by Marley under a four-year apprenticeship during which he was trained in roofing. A downturn in workload led to his dismissal for redundancy despite his contract having 122 weeks left to run. He could not find another company to take him
- [The Right to be Accompanied](https://www.bermans.co.uk/the-right-to-be-accompanied/) - Gnahoua v Abellio London Ltd Employees have the right to be accompanied by a colleague, or a trade union representative or official at a disciplinary hearing. An employer who breaches this could face a tribunal claim and the possibility of having to pay compensation of up to two weeks’ pay. Abellio had not allowed Mr
- [Psychometric Testing was Discriminatory](https://www.bermans.co.uk/psychometric-testing-was-discriminatory/) - The Government Legal Service v Brookes Psychometric testing has long been a way of assessing the aptitude of job applicants. But this tick-box test, marked by computers, doesn’t necessarily provide a level playing field. Ms Brookes has Asperger’s Syndrome. She applied for a job as a trainee lawyer in the Government Legal Services (GLS). The
- [Are ‘On-Call’ Workers Working?](https://www.bermans.co.uk/are-on-call-workers-working/) - Focus Care Agency v Roberts Certain industries, perhaps most notably the care industry, rely on workers being on-call; sometimes even sleeping at work so that they’re on site and available to help if needed. The perennial question, for employment law purposes, is whether these workers are ‘working’ – and entitled to the rights that go
- [Mediation - a less costly way of resolving civil disputes](https://www.bermans.co.uk/mediation-a-less-costly-way-of-resolving-civil-disputes/) - The Law Gazette recently shared this article titled 'Low-cost Manchester mediation pilot aims to 'fill a gap' which discusses a new initiative involving the launch of new a pilot scheme encouraging mediation as a less costly way of resolving civil disputes. Nick Harvey Partner and Head of Litigation, comments on this recent article, whilst discussing
- [Will I get my costs back now?](https://www.bermans.co.uk/will-i-get-my-costs-back-now/) - In February we shared this article which discussed recovering costs lost in legal disputes. Lord Justice Jackson has now published his review of civil litigation costs. A regime of “fixed recoverable costs” had been expected for all civil claims up to £250,000 in value, with a table setting out how much the winner could recover
- [Bermans announce highest turnover in firms’ history with revenues of over £5m](https://www.bermans.co.uk/bermans-announce-highest-turnover-in-firms-history-with-revenues-of-over-5m/) - North West law firm Bermans has announced record financial results for the third consecutive year with the firm reporting an increase in turnover from £5.14M to £5.3M for the financial year ending 30th June 2017. The firm has made a number of key appointments and internal promotions over the past 12 months, as well as
- [Identity Fraud and Property Transactions: a 21st Century Nightmare](https://www.bermans.co.uk/identity-fraud-and-property-transactions-a-21st-century-nightmare/) - You buy (or think you buy) a vacant investment property. You complete the purchase and all goes smoothly until you get a visit from someone who says he is the owner and that he never sold you anything… Cases of fraudsters impersonating property owners, to steal money from would-be purchasers, have become frequent in recent
- [Bermans Social Media Masterclass with Tunafish Media](https://www.bermans.co.uk/bermans-social-media-masterclass-with-tunafish-media/) - On Tuesday 20th and Wednesday 21st June we were delighted to welcome Sam Jones, Managing Director of Tunafish Media ( pictured above), to our Manchester and Liverpool offices to deliver sessions on using social media for business. The session started with some myth busting on B2B and social media. For example, by spending as little
- [Client Focus Q&A: Steve Barber](https://www.bermans.co.uk/client-focus-qa-steve-barber/) - We met up with Steve Barber (pictured below), Managing Director of Bridging Finance Solutions, an independent finance house providing short term property finance solutions to individuals, investors, property developers, professional advisors and intermediaries for our latest client focus Q&A. 1. What is your business? Bridging Finance Solutions is a premier independent finance house providing short
- [Driving Faster](https://www.bermans.co.uk/driving-faster/) - Tom Cheesewright is an Applied Futurist and the author of ‘The Book of the Future.’ His recent keynotes and talks have covered 'The Future of Money' (Finextra, London), 'The Future Office' (OPI, Amsterdam), 'The Future of Language' (ALTO, New York) and 'How to Apply Futurism' (Institute for Leadership and Management, London & Manchester). In the
- [Cautious welcome from Creditors for new Insolvency Rules](https://www.bermans.co.uk/cautious-welcome-from-creditors-for-new-insolvency-rules/) - The process of replacing the Insolvency Rules 1986 and 28 subsequent amendments has necessarily involved difficult balancing exercises between the interests of numerous stakeholders, but the general consensus among creditors is that The Insolvency (England and Wales) Rules 2016 (SI 2016/1024) (“IR 2016”) which came into force on 6 April 2017 are likely to significantly
- [Further Delay in outlawing bans on assignment](https://www.bermans.co.uk/further-delay-in-outlawing-bans-on-assignment/) - As long ago as December 2014 the Government announced its intention to bring forward legislation outlawing bans on assignment in commercial contracts. The draft Business Contract Terms (Restrictions on Assignment of Receivables) Regulations 2015 included significant caveats for both supply chain financiers and for “terms giving rise to a duty of confidence.” An extensive consultation
- [New Edition of <I>Guide to Invoice Finance Law </I>](https://www.bermans.co.uk/new-edition-of-guide-to-invoice-finance-law-2/) - We are pleased to announce that we have very recently published the fourth edition of our popular Guide to Invoice Finance Law , which brings the previous third edition published in 2012 right up-to-date with relevant legislative and case law developments. The Guide is written specifically for industry personnel in non-legal jargon and is designed
- [New Money Laundering Regulations](https://www.bermans.co.uk/new-money-laundering-regulations/) - On 15 March 2017 the Government published draft new Regulations intended to implement the Fourth Money Laundering Directive ((EU) 2015/849) (“MLD4”) that needs to be transposed into UK law by 26 June 2017. A further short consultation period closed on 12 April and it is not yet clear whether there will be any changes to
- [Prohibition against assignment proves expensive](https://www.bermans.co.uk/prohibition-against-assignment-proves-expensive/) - A recent case between a foreign bank and BP Oil as assignor on somewhat unusual facts required the court to examine the principles of assignment of contract rights, and resulted in a very expensive lesson for the assignor. In National Bank of Abu Dhabi PJSC v BP Oil International Limited [2016] EWHC 2892 (Comm) BP
- [Client Focus Q&A: Gnatta](https://www.bermans.co.uk/client-focus-qa-gnatta/) - We met up with Jack Barmby (pictured below), Founder & CEO of multichannel customer interaction company, Gnatta, to find out about his typical working day, business challenges, and what he would do if he was chancellor. Jack graduated in 2014 and has been focused on learning the keys to disruptive growth. His background comes in
- [Read about our 'Evening at Boodles'](https://www.bermans.co.uk/read-about-our-evening-at-boodles/) - Bermans recently held an exclusive "Ladies Evening" at Boodles, Lord Street in Liverpool. The night was a great success, with guests admiring Boodles’ stunning collections whilst drinking champagne and mixing with other female professionals. Co-hosts Boodles also delivered a fascinating talk on their latest collections and the story behind how they are designed and created.
- [Getting your Ducks in a Row Prior to Investment or Exit](https://www.bermans.co.uk/getting-your-ducks-in-a-row-prior-to-investment-or-exit/) - The next chapter for your business may involve raising finance from external investment, be that through debt or equity, making your exit for your next project or stepping away from your business as your career reaches its twilight.
- [Bermans continues growth drive](https://www.bermans.co.uk/bermans-continues-growth-drive/) - North West law firm Bermans is building on its record year last year with fee income totalling £1,331,221 for Q1 of this financial year, a 13% increase compared to last year. The corporate team led by Jon Davage in Manchester has had a particularly busy start with the team advising on 11 transactions made up
- [Planning for the future is vital if family businesses are to create a lasting legacy](https://www.bermans.co.uk/planning-for-the-future-is-vital-if-family-businesses-are-to-create-a-lasting-legacy/) - There are many successful family businesses in the Merseyside region that have adapted to an ever changing world and continue to thrive under family ownership. But are family businesses in danger of dying out? Previously, being born into a family business meant some or all of the children would become involved so that when older
- [Schools Leasing Showdown](https://www.bermans.co.uk/schools-leasing-showdown/) - Funders with experience in the education sector have for some time been aware of arguments that as a matter of law finance leases with local authority schools may not be enforceable on the grounds that they are ultra vires, and to compound this many schools have threatened legal action claiming repayment of sums paid under
- [Brexit Corner](https://www.bermans.co.uk/brexit-corner/) - Consumer Credit Whilst it is too early to predict the likely effects of Brexit on legal issues in the asset finance industry, it is worth noting that much of the current legislation affecting consumer credit derives from EU Directives. Of course the detailed provisions of the Consumer Credit Act 1974 and attendant regulations preceded most
- [FCA Final Guidance on Guarantor Loans and Default Notices](https://www.bermans.co.uk/fca-final-guidance-on-guarantor-loans-and-default-notices/) - The FCA has now published its finalised guidance (FG17/1) concerning default notices and guarantors under regulated consumer credit and consumer hire agreements. The FCA previously consulted on its draft guidance twice during 2016, resulting in revised draft guidance in October which took a more burdensome view of funders’ obligations. The Final Guidance is largely unchanged
- [Does an occasional consumer credit transaction require FCA authorisation?](https://www.bermans.co.uk/does-an-occasional-consumer-credit-transaction-require-fca-authorisation/) - A difficult point of consumer credit law has for some years been the extent to which a one-off or occasional series of transactions may be subject to the need for licensing or authorisation. The issue arose in the recent High Court case of Newmafruit Farms Ltd v Pither [2016] EWHC 2205. Before consumer credit regulation
- [Funder succeeds on Storage Charges and Lien](https://www.bermans.co.uk/funder-succeeds-on-storage-charges-and-lien/) - We recently successfully represented a funder at a High Court trial which reaffirmed a number of interesting points for asset financiers involved in funding parts of the motor trade. The funder had arranged for one of its motor dealer clients to look after vehicles which had been provided by the dealer with finance from the
- [Revised FCA consumer credit information sheets](https://www.bermans.co.uk/revised-fca-consumer-credit-information-sheets/) - The FCA has published revised consumer credit information sheets to accompany arrears and default notices, which must be used by funders from 14 April 2017. Until then, the current versions (which have been in force since 2014) must be used after the initial draft of the new versions intended to come into effect this January
- [New Edition of <i> Guide to Asset Finance Law </i>](https://www.bermans.co.uk/new-edition-of-guide-to-asset-finance-law/) - We will shortly be publishing the fourth edition of our popular Guide to Asset Finance Law , which brings the previous third edition published in 2012 right up-to-date with relevant legislative and case law developments, setting out differences between English and Scots law. The Guide is written specifically for asset finance industry personnel in non-legal
- [Discretion applies in claim for delivery up](https://www.bermans.co.uk/discretion-applies-in-claim-for-delivery-up/) - To what extent is a financier’s application for delivery up of leased goods likely to be defeated by a hirer’s invocation of the court’s discretion? The use of interim applications for delivery up of equipment on finance has been greatly curtailed since the moratorium imposed by the Insolvency Act 1986 has afforded protection to companies
- [Businesses must embrace technology](https://www.bermans.co.uk/businesses-must-embrace-technology/) - Article by Chris Maguire, editor and co-owner of the UK’s newest tech magazine BusinessCloud. “What do you know about tech?” asked an unnamed family member. As ringing endorsements go this was hardly what I was looking for when I announced I was leaving my safe job as editor of the North West Business Insider for
- [CLIENT FOCUS: Q&A - The Isla Gladstone](https://www.bermans.co.uk/client-focus-qa-the-isla-gladstone/) - We met up with Gemma McGowan (pictured below), Managing Director of The Isla Gladstone, a popular wedding and events venue in Liverpool to chat with her about her typical working day, business challenges as an SME, and exciting plans for the future. 1. What is your business? I am the owner of the business that
- [Rebates: Set off - some thoughts](https://www.bermans.co.uk/rebates-set-off-some-thoughts/) - There was considerable disappointment amongst invoice financiers who operate factoring facilities when the Court of Appeal rejected the recent attempt to strengthen a funder’s position against a debtor who remained silent about a historical rebate claim which only emerged after the demise of the client. We acted in the case in which the issue arose,
- [Hope for UK Businesses Seeking Finance for Invoices owed to them by Government Agencies and Public Bodies](https://www.bermans.co.uk/hope-for-uk-businesses-seeking-finance-for-invoices-owed-to-them-by-government-agencies-and-public-bodies/) - Factoring and invoice discounting (both forms of receivables finance) are useful cashflow sources in the commercial marketplace and used by many SME’s. Following the global financial crisis of 2008 and the previous “credit crunch", the UK government has looked to facilitate and encourage alternatives to traditional bank-led sources of finance, particularly for SMEs. In this
- [Data Protection Law in 2016 and beyond - More Iron Fist, Less Velvet Glove](https://www.bermans.co.uk/data-protection-law-in-2016-and-beyond-more-iron-fist-less-velvet-glove/) - Commentators on online privacy and data protection have long predicted a “tipping point”, where the public would finally realise the impact of sharing (and the growing economy based on) their personal data. In the information age where businesses, platforms and brands are targeted around the habits and demographics of their users, knowledge truly is power.
- [Invoice Finance and the Consumer Credit Act](https://www.bermans.co.uk/invoice-finance-and-the-consumer-credit-act/) - There remains a degree of confusion as to the extent to which invoice financiers are affected by the provisions of the Consumer Credit Act 1974 as now amended by the Financial Services and Markets Act 2000. This is not helped by the fact that some of the statutory provisions are amongst the most opaque anywhere
- [Bills of Sale Reform](https://www.bermans.co.uk/bills-of-sale-reform/) - On 12 September 2016 the Law Commission published its final report containing proposals to modernise the archaic Bills of Sale regime. The driver for reform was the increased use of logbook loans in the consumer vehicle finance market, but the registration of whole turnover invoice finance agreements with sole traders and partnerships as Bills of
- [Delay in outlawing bans on assignment](https://www.bermans.co.uk/delay-in-outlawing-bans-on-assignment/) - The Department for Business, Innovation & Skills (“BIS”) announced its intention to bring forward legislation outlawing bans on assignment in commercial contracts as long ago as December 2014. The draft Business Contract Terms (Restrictions on Assignment of Receivables) Regulations 2015 included significant caveats for both supply chain financiers and for “terms giving rise to a
- [New Edition of Guide to Invoice Finance Law](https://www.bermans.co.uk/new-edition-of-guide-to-invoice-finance-law/) - The New Year will see the publication of the fourth edition of our popular Guide to Invoice Finance Law , which brings the previous third edition published in 2012 right up-to-date with relevant legislative and case law developments, including an Appendix setting out differences between English and Scots law. The Guide is written specifically for
- [Client Focus: Q&A Tuna Fish Media](https://www.bermans.co.uk/client-focus-qa-tuna-fish-media/) - 1. What is your business? My name is Sam Jones and I am the managing director of Tunafish Media, a business I founded with Richard Brooks and James McDonald at the age of 22. We are a Manchester based content marketing and media production agency that work for a variety of clients across a wide
- [The right content, at the right time, in the right place](https://www.bermans.co.uk/the-right-content-at-the-right-time-in-the-right-place/) - There continues to be a huge buzz around content marketing, due to its potential for raising awareness and winning new customers. However, what makes it really powerful is understanding your customer's journey, and saying the right thing at the right time and in the right place. 1. Awareness How do you make your product
- [Rule against Penalties relaxed](https://www.bermans.co.uk/rule-against-penalties-relaxed/) - An important decision of the Supreme Court has made it less likely that spurious challenges to asset financiers’ liquidated damages clauses will succeed. For many years now there have been numerous challenges to liquidated damages clauses based on the common law rule against penalties, which in essence has been understood to provide that in order
- [Mistaken use of CCA regulated paper not binding](https://www.bermans.co.uk/mistaken-use-of-cca-regulated-paper-not-binding/) - The consequences of using unregulated paper for an agreement which is as a matter of law regulated by the Consumer Credit Act 1974 (“CCA”) are well-known throughout the industry. As originally drafted the CCA rendered such agreements irredeemably unenforceable, though a significant amendment effective as from 2006 provides that in general most such agreements will
- [Marketing Assistant](https://www.bermans.co.uk/marketing-assistant/) - Are you a Facebook Fanatic, Tweetaholic or Instagram addict? Well, imagine getting paid for doing the stuff you love. Bermans is looking for a bright, creative and enthusiastic social media apprentice to join its team in Liverpool while studying for a City and Guilds social media apprenticeship from The Juice Academy. Note: The Juice Academy
- [Bermans Board Message](https://www.bermans.co.uk/bermans-board-message/) - The business continues to perform well and you may have seen some of our recent press in Insider and BusinessDesk confirming we are looking to attract new talent . We value the people we have and retaining them and attracting others of the same quality is a key element of our strategy. We do hope
- [CLIENT FOCUS: Q&A - Wallsauce.com](https://www.bermans.co.uk/client-focus-qa-wallsauce-com/) - We met up with Colin Watson (pictured below), co-founder and Commercial Director of Wallsauce.com, who from their base in Lancashire provides inspiring wallpaper, removable wall murals and giant wall graphics to enable you to create a home or office environment just for you! 1. What is your business? We’re a worldwide producer of bespoke wall
- [Needing To Juice Up Your Social Media?](https://www.bermans.co.uk/needing-to-juice-up-your-social-media/) - GUEST COLUMN: Sandy Lindsay, The Juice Academy Two years ago, leading comms consultancy, Tangerine, launched The Juice Academy social media apprenticeship to help fill a massive skills gap by moulding the natural skills that young ‘digital natives’ have so that they can be applied commercially, for the benefit of companies and brands. The first of
- [Rise in bridging finance helps boost North West property market](https://www.bermans.co.uk/rise-in-bridging-finance-helps-boost-north-west-property-market/) - Bridging finance was once perceived as a ‘last resort’ lending option but it has been key to the recent renaissance of the North West property market. Fergal O’Cleirigh, head of property at North West Law firm Bermans explains: “Bridging finance has been crucial to the upturn in the commercial property market during the last 12
- [Bermans one of first firms in the UK to be awarded FCA approval](https://www.bermans.co.uk/bermans-one-of-first-firms-in-the-uk-to-be-awarded-fca-approval/) - North West law firm Bermans has secured authorisation for its operations from the Financial Conduct Authority (FCA), one of the first law firms to do so in the UK. Any business offering financial services or advice is regulated by the FCA, formerly the Financial Services Authority (FSA). Partner and head of litigation Nick Harvey explains:
- [Bermans announces successful year in 2014 due to buoyant SME marketplace](https://www.bermans.co.uk/bermans-announces-successful-year-in-2014-due-to-buoyant-sme-marketplace/) - North West law firm Bermans says it experienced considerable growth in 2014. The firm which has offices in Liverpool and Manchester provides a full range of commercial services as well a market leading national asset finance and invoice finance offering, secured significant new client wins as well as taking on new staff and adding new
- [G-Suite acquires properties in Manchester and Liverpool as part of a £250m regeneration project](https://www.bermans.co.uk/g-suite-acquires-properties-in-manchester-and-liverpool-as-part-of-a-250m-regeneration-project/) - Hong Kong-based property development company G-Suite Holdings has acquired properties in Liverpool and Manchester as part of a £250m regeneration project. G-Suite which also has an office in Manchester, recently acquired properties at 2 Moorfields and 35/37 Dale Street in Liverpool city centre and two properties in Middleton, Manchester. Both buildings in Liverpool will be
- [Bermans announces record year](https://www.bermans.co.uk/bermans-announces-record-year/) - Law firm Bermans has announced a record turnover for the financial year 2014/2015 with turnover topping £5m – a 7 per cent increase on last year. Bermans, which has offices in Liverpool and Manchester, has launched private client and commercial departments as well as growing its employment team during the period. Fergal O’Cleirigh, head of

## Pages

- [About us](https://www.bermans.co.uk/) - Bermans is a multi-award winning law firm with offices in Manchester and Liverpool. We have a team of over 45 experts to support you with your legal needs.
- [About us](https://www.bermans.co.uk/) - Bermans is a multi-award winning law firm with offices in Manchester and Liverpool. We have a team of over 45 experts to support you with your legal needs.
- [Legal Vacancies](https://www.bermans.co.uk/careers/legal-vacancies/) - At Bermans, our people are our greatest asset. We are looking for exceptional lawyers who aim for excellence in everything they do, who want to make a positive difference, and who are committed to the development of the firm and delivering a first class service to our clients. Current Vacancies New Vacancy: Senior Employment Solicitor
- [Training Contracts](https://www.bermans.co.uk/careers/training-contracts/) - Bermans is committed to the future of the profession and each year takes on trainee solicitors in both our Liverpool and Manchester offices.
- [Insolvency and Financial Rescue](https://www.bermans.co.uk/practice-areas/insolvency/) - Bermans Insolvency and Financial Rescue team is recommended by Legal 500 for its ‘wide range of experience, clear and pragmatic advice and good value for money’ acting for lenders, administrators, liquidators and corporate clients.
- [Insolvency and Financial Rescue](https://www.bermans.co.uk/practice-areas/insolvency/) - Bermans Insolvency and Financial Rescue team is recommended by Legal 500 for its ‘wide range of experience, clear and pragmatic advice and good value for money’ acting for lenders, administrators, liquidators and corporate clients.
- [Litigation and Dispute Resolution](https://www.bermans.co.uk/practice-areas/litigation/) - Bermans advise on all aspects of litigation, providing a practical approach to the resolution of disputes.
- [Litigation and Dispute Resolution](https://www.bermans.co.uk/practice-areas/litigation/) - Bermans advise on all aspects of litigation, providing a practical approach to the resolution of disputes.
- [Commercial](https://www.bermans.co.uk/practice-areas/commercial/) - Bermans Commercial team has an in-depth understanding of the needs businesses, partnerships, not for profit organisations and charities and is able to advise and assist on all aspects of commercial matters and partnership law.
- [Corporate](https://www.bermans.co.uk/practice-areas/corporate/) - Bermans Corporate team has an in-depth understanding of the needs of privately owned businesses, and is able to advise and assist on all aspects of corporate and commercial transactions throughout the life cycle of your business.
- [Invoice Finance](https://www.bermans.co.uk/sectors/invoice-finance/) - Bermans Invoice Finance team includes some of the industry’s leading lawyers. We have worked alongside key players who have been instrumental in shaping UK Invoice Finance law into what it is today.
- [Invoice Finance](https://www.bermans.co.uk/sectors/invoice-finance/) - Bermans Invoice Finance team includes some of the industry’s leading lawyers. We have worked alongside key players who have been instrumental in shaping UK Invoice Finance law into what it is today.
- [Asset Finance](https://www.bermans.co.uk/sectors/asset-finance/) - Bermans is an established market leader in Asset Finance. The team consists of industry recognised professionals with a vast wealth of experience.
- [Asset Finance](https://www.bermans.co.uk/sectors/asset-finance/) - Bermans is an established market leader in Asset Finance. The team consists of industry recognised professionals with a vast wealth of experience.
- [About us](https://www.bermans.co.uk/about-us/) - Bermans is an award winning law firm with offices in Manchester and Liverpool. We have a team of over 45 legal experts to support you with your legal needs.
- [Practice areas](https://www.bermans.co.uk/practice-areas/) - Our team of specialist lawyers cover a wide spectrum of commercial law.
- [Practice areas](https://www.bermans.co.uk/practice-areas/) - Our team of specialist lawyers cover a wide spectrum of commercial law.
- [Licensing Law](https://www.bermans.co.uk/licensing-law/) - Our licensing law team supports hospitality operators in navigating the complex regulatory landscape, allowing you to focus on delivering exceptional customer experiences
- [Creditor Services](https://www.bermans.co.uk/practice-areas/creditor-services/) - Recover debts quickly and cost-effectively with Bermans' Creditor Services. Legal expertise, fixed fees, and full recovery support for UK financiers and businesses.
- [Shareholder Disputes](https://www.bermans.co.uk/practice-areas/litigation/shareholder-disputes/) - Shareholders own a company but delegate the running of the company to its directors.
- [Wills and Probate Disputes](https://www.bermans.co.uk/wills-and-probate-disputes/) - When a loved one passes away, disputes can arise for any number of reasons, regardless of whether a valid Will was left or not. The impact can be far-reaching, affecting close friends, family or even business partners and co-shareholders. The Private Client team at Bermans work closely with the Litigation team to provide expert advice
- [Business Support Vacancies](https://www.bermans.co.uk/careers/support-vacancies/) - Our Business Support staff are an essential part of providing an excellent service to our clients. From Marketing and Accounts to IT and Secretarial, many members of our business support staff have been with Bermans for many years. Current Vacancies No current vacancies. If you have any enquires regarding vacancies at Bermans, please contact: Our
- [Wills](https://www.bermans.co.uk/wills-and-trusts/) - At Bermans, our private client team pride themselves on working with you to prepare future planning documentation that reflects your personal circumstances and priorities. Our Private Client team are able to prepare everything from a simple Will using our fixed fee service to complex Will documentation that accounts for a variety of dependants, businesses and
- [Trusts and Settlements](https://www.bermans.co.uk/trusts-and-settlements/) - A Trust is a legal arrangement that allows you to manage assets such as property, money, or investments for the benefit of third parties named in the Trust document or Will. The person who puts the assets into a Trust is the Settlor, the person who manages the Trust is the Trustee and the person who
- [Business Protection and Succession Planning](https://www.bermans.co.uk/business-protection-and-succession-planning/) - At Bermans we understand the dedication and effort that goes into building a successful business. That’s why we take succession planning seriously. After reviewing your wishes, we are here to help you prepare a framework for what will happen to your business in the event of your death, particularly where your exit is unexpected. Why
- [Probate and Administration of Estates](https://www.bermans.co.uk/probate-and-administration-of-estates/) - Our compassionate team of experts are on hand to guide you through the estate administration process, whether you need assistance with an application for a grant, or full support with Will execution. Do my loved ones still need to apply for probate if I have a Will? Having a Will does not automatically eliminate the
- [Probate Application and Administration Fees](https://www.bermans.co.uk/probate-application-and-administration-fees/) - At Bermans we understand that each our client and their estate is unique. We review each matter on its own merits in order to establish the most relevant fee structure. Our probate services fall into two categories: application only or full probate administration. Get in touch Fixed Fee Service for Application Only We offer a
- [Lasting Power of Attorney (LPA)](https://www.bermans.co.uk/lasting-power-of-attorney/) - An application in respect of powers of attorney is submitted to the Office of the Public Guardian, as they provide oversight in these matters. This application results in a legal document that allows people to make decisions on your behalf: either at your specific instruction or when you are no longer able to make decisions
- [International Legal Network](https://www.bermans.co.uk/international-legal-network-2/) - Bermans is regulated to provide legal services in England & Wales, but many of our clients operate their business on a UK wide and global basis. We can and do help with our connections internationally for when you require legal services in other jurisdictions. We have an extensive network with partner firms in Scotland and
- [Careers](https://www.bermans.co.uk/careers/) - Working with us Bermans is an independent niche practice of commercial, forward-thinking lawyers with offices in Liverpool and Manchester. Our lawyers are recommended in the Legal 500 and we offer true partner-led legal services to our clients. A career at Bermans will allow you develop the skills needed for a successful career in the law.
- [Bermans Videos](https://www.bermans.co.uk/test-video/) - Understanding the New Sexual Harassment Laws
- [Sport](https://www.bermans.co.uk/practice-areas/sport/) - The experienced sports team at Bermans provides specialist legal advice to a range of individuals and organisations across the industry, with experience in football, boxing, rugby and horse racing.
- [Powered by MAPD](https://www.bermans.co.uk/powered-by-mapd/) - We are proud to be part of the MAPD Group, to be Powered by MAPD! If Bermans is a rocket, the MAPD Group is the fuel in our engine that propels us to provide great legal services and high-quality advice to really make a positive difference. What is the MAPD Group? The MAPD Group believe
- [Complaints Policy](https://www.bermans.co.uk/complaints-policy/) - We strive to provide you with the best possible service. However, if at any point you become unhappy or concerned about the service we provided then you should inform us immediately, so that we can do our best to resolve the problem. If you would like to make a formal complaint, then you can read our
- [Privacy Policy](https://www.bermans.co.uk/privacy-policy/) - Introduction Welcome to the Bermans privacy notice. Bermans respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data as our client and when you visit our website (regardless of where you visit it from) and tell you about your
- [Property and Construction](https://www.bermans.co.uk/practice-areas/property/) - Bermans Property and Construction team advises on all aspects of commercial property, construction and planning law.
- [Property and Construction](https://www.bermans.co.uk/practice-areas/property/) - Bermans Property and Construction team advises on all aspects of commercial property, construction and planning law.
- [Employment](https://www.bermans.co.uk/practice-areas/employment/) - Bermans specialist Employment team provides hands-on, professional advice to assist businesses and employees in all areas of employment law.
- [Employment](https://www.bermans.co.uk/practice-areas/employment/) - Bermans specialist Employment team provides hands-on, professional advice to assist businesses and employees in all areas of employment law.
- [Cookie Policy](https://www.bermans.co.uk/cookie-policy/) - Our website uses cookies to distinguish you from other users of our site. This helps us to provide you with a good experience when you browse our site and also allows us to improve our site. A cookie is a small file of letters and numbers that we store on your browser or the hard
- [Disclaimer](https://www.bermans.co.uk/disclaimer/) - The contents of this site is provided as a guide only. You should not rely on it as legal advice. The law is constantly changing, and you should seek advice based upon your own specific circumstances.
- [Bermans Video](https://www.bermans.co.uk/bermans-video/) - [fvplayer id="5"] [fvplayer id="7"]
- [Business Immigration](https://www.bermans.co.uk/bermans-immigration/) - Bermans specialist Business Immigration team provides professional advice to UK and international businesses and investors, UK recruitment businesses, UK Construction businesses, Sports clubs, talented individuals and professional sportspeople on all matters relating to immigration including Home Office fines and prosecutions. Our team takes a comprehensive approach to securing the right of you and your employees
- [Catch you if they can: proposed changes to UK Capital Gains Tax – Tuesday 16th February 2021](https://www.bermans.co.uk/form/) - Please email info@bermans.co.uk with more details
- [Intellectual Property and IT](https://www.bermans.co.uk/practice-areas/ip/) - Bermans Intellectual Property and Information Technology team has an in-depth understanding of the needs of businesses developing within this sector and those who deal with the sector, and is able to advise and assist on all aspects of IP and IT matters.
- [Specialist Sectors: ABL](https://www.bermans.co.uk/sectors/) - Our honest, pragmatic approach and industry-specific expertise makes our specialist lawyers leaders in Invoice and Asset Finance.
- [Specialist Sectors: ABL](https://www.bermans.co.uk/sectors/) - Our honest, pragmatic approach and industry-specific expertise makes our specialist lawyers leaders in Invoice and Asset Finance.
- [Data protection](https://www.bermans.co.uk/data-protection/) - Data we hold about you will be processed fairly and lawfully.
- [Do your clients have cash locked up in commercial disputes?](https://www.bermans.co.uk/do-your-clients-have-cash-locked-up-in-commercial-disputes/) - The chances are that at least some of them do. Research shows that there are potentially 1 million disputes in the SME market at any given time and that over £10 billion in cash is locked up in these disputes. With Bermans Escalate, the award-winning accountancy-led dispute resolution process, you’re now able to help your
- [Corporate Administration](https://www.bermans.co.uk/corporate-administration/) - Is your company under treat by creditors (e.g HMRC, your bank, credit card companies or landlord)? If the answer is yes, continue to read to find out how administration orders could rescue your company from liquidation and dissolution. What is Administration? Administration is the process that a company can enter which aims to keep the
- [Asset Finance Publications](https://www.bermans.co.uk/asset-finance-publications/) - Please click on the articles below to read the full publication.
- [Conversion Damages Limited to Financier’s Real Loss](https://www.bermans.co.uk/asset-finance-publications/article20/) - Another interesting case which confirmed earlier authority is VFS Financial Services (UK) Ltd v Euro Auctions (UK) Ltd [2007] EWHC 1492. Here VFS let 3 Volvo dump trucks on Hire-Purchase over 3 years at a total price in excess of £508k. The Hirer went into administration and asked for a settlement figure and also requested
- [Sale Proceeds and Claims Against Guarantors](https://www.bermans.co.uk/asset-finance-publications/article19/) - The recent case of Barclays Bank plc v Kingston (([2006] EWHC 533(QB)) clearly establishes the principle that a creditor who realises security must take steps to achieve a proper price, and failure to do so will normally entitle a Guarantor to be relieved to the extent of any undervalue achieved on resale. This is a
- [Guarantees & Solicitors Certificates](https://www.bermans.co.uk/asset-finance-publications/article18/) - As long ago as 2001 in Royal Bank of Scotland v Etridge the House of Lords significantly extended the circumstances in which a financier will be put on constructive notice of misrepresentation or undue influence committed against an individual executing a Guarantee or other security, but there remains a great deal of misunderstanding of the
- [Storage Charges – Are They Enforceable?](https://www.bermans.co.uk/asset-finance-publications/article17/) - We have noticed a recent trend in third parties attempting to claim storage charges against Financiers after termination of Finance Agreements. This situation can arise where the customer is insolvent and either a landlord or a purchaser of the business from the insolvent customer is in possession of goods which the Financier does not wish
- [The Lessor's Position Against an Administrator](https://www.bermans.co.uk/asset-finance-publications/article16/) - The problem for a Lessor where a Lessee goes into Administration is that under the Insolvency Act, once a Petition for an Administration Order is presented or notice of intention to appoint is filed, no steps may be taken to repossess goods in the Company’s possession under any Hire Purchase, Lease, Conditional Sale or retention
- [Damages on Termination of Regulated Hire Purchase Agreements](https://www.bermans.co.uk/asset-finance-publications/article15/) - We have recent experience of increasing challenges to claims for damages on early termination of regulated Hire Purchase Agreements for default on the basis of section 99(1) of the Consumer Credit Act 1974. Section 99 gives the debtor a right of voluntary termination, in which case the effect of section 100 is to limit the
- [Court confirms that Termination Sum must give credit for Net Sale Proceeds](https://www.bermans.co.uk/asset-finance-publications/article14/) - The recent County Court case of Volkswagen Financial Services (UK) Ltd v Ramage (9 May 2007) has been commented upon by a number of lawyers, but in our view the only surprise about the decision is the fact that Volkswagen’s liquidated damages clause was plainly defective. The case involved the lease of a new vehicle
- [Available Market for Mitigating Loss can be Inferred](https://www.bermans.co.uk/asset-finance-publications/article13/) - An interesting point on the proof of an available market for goods repossessed on early termination of a Lease arose in the decision of the Court of Appeal in Bulkhaul Limited v Rhodia Organique Fine Limited [2008] EWCA Civ 1452. The Lessor was a large multinational tank transport leasing company with about 12,000 tanks used
- [Leesors' Obligations](https://www.bermans.co.uk/asset-finance-publications/article12/) - (Leasing World 2010) This is the fifth of a series of 6 bi-monthly articles during 2010 in which Bermans’ Partner Peter Sinnett sets out a basic introduction to some of the legal issues arising from cradle to grave in a typical Leasing/HP transaction. This article explores the nature and extent of Lessors’ obligations. Many of
- [Exclusion of Liability Allowed in International Supply Contracts](https://www.bermans.co.uk/asset-finance-publications/article11/) - In the recent case of Trident Turboprop (Dublin) Limited v First Flight Couriers Limited [2009] EWCA Civ 290 the Court of Appeal had to consider the effect of Section 26 of the Unfair Contract Terms Act 1977 (“UCTA”) in relation to an aircraft Lease. Section 26 effectively disapplies UCTA in Lease and Hire Purchase Agreements
- [Description of Goods Must be Accurate](https://www.bermans.co.uk/asset-finance-publications/article10/) - The recent High Court case of Brewer v Mann and Fortis Lease UK Limited [2010] EWHC 2444 (QB) decided on 14 October 2010 provides a stark illustration of the importance of goods being accurately described in Finance Agreements. The case involved a prestige vintage car described by the dealer as a “1930 Bentley Speed Six”
- [Certificates of Acceptance](https://www.bermans.co.uk/asset-finance-publications/article9/) - A recent decision on aircraft leasing in the Commercial Court has provided authoritative guidance on the extent to which a Certificate of Acceptance is binding on a Lessee. Before the decision the only relevant reported case on the effect of a Certificate of Acceptance in asset finance was the decision of the Court of Appeal
- [Lessee Issues](https://www.bermans.co.uk/asset-finance-publications/article7/) - (Leasing World 2010) This is the third of a series of 6 bi-monthly articles during 2010 in which Bermans’ Partner Peter Sinnett sets out a basic introduction to some of the legal issues arising from cradle to grave in a typical Leasing/HP transaction. This article explores some of the legal issues surrounding the Lessee. Lessors
- [Commission Payments Revisited](https://www.bermans.co.uk/asset-finance-publications/article6/) - The recent Supreme Court decision in Plevin v Paragon Personal Finance Limited [2014] UKSC 61 also contains an interesting comment from the judges on the fact that payment of commission to a broker by a funder does not even begin to give rise to an agency relationship as between those parties; Lord Sumption said at
- [Sale and HP or Lease-Back](https://www.bermans.co.uk/asset-finance-publications/article5/) - These types of transaction are usually executed with the desire on the part of the customer to raise funds by selling the equipment to a lender who then lets them back to the seller on a Hire Purchase or Hire Agreement. Such transactions need to be very carefully structured and documented as particularly in the
- [Mistaken use of regulated paper not fatal](https://www.bermans.co.uk/asset-finance-publications/article4/) - The consequences of using unregulated paper for an agreement which is as a matter of law regulated by the Consumer Credit Act 1974 (“CCA”) are well-known throughout the industry. As originally drafted the CCA rendered such agreements irredeemably unenforceable, though a significant amendment effective as from 2006 provides that in general most such agreements will
- [Receivables Financing: Hell or High Water?](https://www.bermans.co.uk/asset-finance-publications/article3/) - It has been the practice of Funders for some time to take assignments of receivables due from business Customers to Lessors under Lease or Hire Purchase Agreements on the assumption that the receivables are payable by the Customer on a “hell or high water” basis, without regard to issues which may arise relating to the
- [Software Legal Structures Evolve](https://www.bermans.co.uk/asset-finance-publications/article2/) - Because software consists of computer code which is subject to copyright, the phrase “Software Leasing” is a misnomer, since what is involved is the licensing of the right to use software with the permission of the copyright owner. In practice there may be a chain of assignments and sub-licences resulting in a non-exclusive licence being
- [Basic Legal Structure of Asset Finance](https://www.bermans.co.uk/asset-finance-publications/article1/) - In a series of six bi-monthly articles during 2010 Bermans’ Partner Peter Sinnett sets out a basic introduction to some of the legal issues arising from cradle to grave in a typical Leasing/HP transaction. This first article looks at basic legal structures and the Lessor’s various legal relationships. When a customer (“the Lessee”) wants to
- [Bermans Networking Event - An Evening at Boodles](https://www.bermans.co.uk/boodles/) - We have noticed that women can be neglected when it comes to corporate events and to rectify this we are delighted to invite you to An Evening at Boodles for an evening of admiring beautiful jewellery, whilst having the opportunity to meet some of our other female clients and colleagues. The event will be held
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