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Monthly Archives: November 2016

Anita Shepherd – partner and head of Family Law – asks: Why do I need to attend a MIAM before, upon or after consulting a family lawyer?

Mediators are trained to help resolve disputes faced by separating couples, or specific issues such as arrangements for children. A mediator will meet with you and your partner together and will identify those issues you can’t agree on and will help you to try and reach agreement. The MIAM (Mediation Information Assessment Meeting) is the... Read the rest of this entry →

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Anita Shepherd – partner and head of Family Law – discusses: A better way to Divorce.

I’m a proud member of Resolution which is a community of family justice professionals who work with families and individuals to resolve issues in a constructive way. Resolution membership is about the approach I take to my work. This means that as a Resolution member, I will always seek to reduce or manage any conflict... Read the rest of this entry →

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Caroline Bilous – senior solicitor – in our Family Law Team asks: Should I stay or should I go?

One of the many decisions that couples face is what will happen to the family home when they go their separate ways: Will it be sold or will it be retained by one spouse or another to provide a home for them and often also for the children of the family? An important first step... Read the rest of this entry →

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Employment Law Newsletter – November 2016

Welcome to the November issue of the DBF Employment Law Newsletter… Last month turned out to be busy for the Courts with lots of big names making an appearance such as ASDA, UBER, the long awaited British Gas Trading Limited -v- Locke & Another and of course the cake! The main cases are covered below.... Read the rest of this entry →

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Asda

7,000 Asda employees have been successful in establishing that their positions as shop floor staff are equal to those in Asda’s distribution centres, so as to enable them to proceed with their claims for equal pay.  This decision illustrates that even where there appear to be significant differences between workers they may still be sufficiently... Read the rest of this entry →

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Communication of a Dismissal

The EAT in Sandal –v- Adecco had to consider whether dismissal can be implied by inaction of an agency employer.  The employee was employed by the agency but worked on assignment at an alternative company.  When this assignment came to an end the agency took no further steps to find her other work.  They presumed... Read the rest of this entry →

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Workers or Self-Employed?

An Employment Tribunal has held that Uber drivers are workers for the purpose of the Employment Rights Act 1996, and the Working Time Regulations 1998. As a result they are entitled to certain protection and rights. Uber is a technology platform which connects taxi drivers to passengers.  Uber has put in place documentation setting the... Read the rest of this entry →

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Discrimination on the Grounds of Sexual Orientation –v- Religious Belief

The Court of Appeal in Northern Ireland upheld that a “Christian bakery” had discriminated against a gay man on the grounds of sexual orientation by refusing to bake a cake that he had requested with the caption “Support Gay Marriage”.   The Court of Appeal put forward the argument that Mr Lee had been discriminated against... Read the rest of this entry →

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Statutory Holiday Pay and Commission

The Court of Appeal has finally made a decision in the case of British Gas Trading Limited –v- Locke & Another. The Court of Appeal has held that statutory holiday pay must include an element of result based commission. This affects the four weeks annual leave provided under Regulation 13 of WTR. However, the decision... Read the rest of this entry →

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Jessica Greenhalgh – solicitor in the Business and Employment teams – talks Brexit.

After a healthy upturn in the corporate/commercial legal marketplace in 2015/16, the referendum of June 2016 delivered Brexit. The High Court has of course recently ascertained the government alone does not have the authority to trigger Brexit and it must wait for a Parliamentary vote. The government will be appealing the decision in January….  time... Read the rest of this entry →

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