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Category Archives: Newsletters

Minimum Wage and Sleep

The Court of Appeal has held in the case of MenCap –v- Tomlinson – Blake that carers who sleep at client’s homes and are therefore “on call” are not entitled to minimum wage whilst they are asleep. The Court of Appeal decided that such workers should only be entitled to count sleep-in hours for minimum... Read the rest of this entry →

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Holiday Pay – Voluntary Overtime

Holiday pay continues to be a developing area through case law.  The case of Flowers –v- East of England Ambulance Trust revisited the question of whether voluntary overtime should be taken into account when calculating holiday pay.  The facts of the case involved ambulance crews whose contracts provided for ”non-guaranteed” overtime, which was mandatory, and... Read the rest of this entry →

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Suzanne Thompson – solicitor in our Corporate & Commercial department – explains what is an entire agreement clause and why should it be included in a commercial contract

What is an entire agreement clause? An entire agreement clause (also known as a whole agreement clause) is usually one of the last so-called “boiler plate” clauses you find in a commercial contract. It is a contractual provision which aims to prevent the party relying on it from being liable for any statements or representations... Read the rest of this entry →

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Suzanne Thompson – Solicitor in our Corporate & Commercial department – discusses how businesses are to lose Own Name defence in UK trade mark actions by 2019 in exchange for “bright line” rule

The Intellectual Property Office (IPO) recently confirmed that businesses are set to lose the ability to rely on the own name defence to defeat UK trade mark infringement claims, provided for by Section 11 (2) (a) of the Trade Marks Act 1994 via Article 6(1)(a) of the Trade Mark Directive 2008/95 (the TMD) (the Own... Read the rest of this entry →

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Lewis Thompson – Solicitor in our Private Client Team – discusses The Supreme Court Ruling on End of Life Treatment, Court of Protection and The Benefits of Making a Lasting Power of Attorney

On the 30th July this year, The Supreme Court made a landmark ruling that, where experts and loved ones agree, there is now no longer a need for court approval to withdraw CANH (Clinically Assisted Nutrition and Hydration ) for patients in a permanent vegetative state. Before the ruling, doctors and family members would need... Read the rest of this entry →

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Employment Newsletter – April 2018

With most people returning to work this week, we hope you all had a great Easter break! Looking forward, we now have GDPR on the horizon and employers need to be aware that existing generalised Data Protection clauses in current employment contracts are not going to be sufficient. Employers will need to carry out an... Read the rest of this entry →

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Equal Pay Claim – Tesco

It has been reported that Tesco is facing a demand for back pay as allegedly its female shop workers earn £3 per hour less than its male factory workers. The Guardian newspaper reported that it could “become the UK’s largest ever equal pay claim”.

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The Taylor Review

The Taylor Review on Modern Working Practices reported extensively when the report was published, during which time there has not been much progress other than now.  The Government have provided a response to the review and are commencing consultation in respect of employment status thus increasing transparency in the labour market, agency workers and enforcement... Read the rest of this entry →

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Payslips

A new Order has been laid before Parliament that is due to come into force on 6th April 2019.  It requires employers to include additional information on payslips, by stating the number of hours being paid where wages vary according to time worked. This can be done as an aggregate number of hours or by... Read the rest of this entry →

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Minimum Wage

Minimum Wage increase as of 1st April 2018, will be as follows: – 25+                  £7.83 21-24               £7.38 18-20               £5.90 Under 18         £4.20

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