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Category Archives: Newsletters

Some other substantial reason dismissal

The EAT has held that there is not a particularly high threshold required for an employer to meet when dismissing an employee because of a ‘substantial reason’ (Ssekisonge v Barts Health NHS Trust). The EAT rejected an argument that in a ‘no fault’ some other substantial reason dismissal there was a particularly high threshold for... Read the rest of this entry →

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Discrimination – adjustments for candidates with Aspergers Syndrome

In The Government Legal Service v Brookes, the EAT held that a job applicant with Aspergers Syndrome (AS) was discriminated against by being required to sit a psychometric test. The EAT held that the PCP requiring applicants to pass the test put a group of people, such as Brookes, at a particular disadvantage compared with... Read the rest of this entry →

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Indirect Discrimination

The Supreme Court has recently held in Essop and others v Home Office (UK Border Agency) and Naeem v Secretary for Justice that in order to succeed with a claim for indirect discrimination, it is not necessary to establish the reason for the particular disadvantage to which a group is put compared to another. The... Read the rest of this entry →

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ACAS Early Conciliation

The EAT held that if ACAS issues a second early conciliation certificate in respect of the same matter, this does not extend the time for making a claim (HMRC v Garau). HMRC argued that the second certificate was unnecessary and had no effect on the running of time for limitation purposes. They argued that the... Read the rest of this entry →

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Taylor Review of Modern Working Practices

The Taylor Review was published this month.  The proposals include: – Keeping the distinction between employers and workers and naming workers “dependent contractors”. Definitions to be implemented for employees and workers. Removing the requirement for workers to have a contract to preform work personally. Treating workers treated as “employed” for the purposes of their tax... Read the rest of this entry →

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Corporate and Commercial Newsletter – June 2017

Welcome to the latest departmental newsletter from Davis Blank Furniss.  Our focus this time is on our Corporate and Commercial department. DeBrieF OPINION Andy McNish – partner in our Corporate/Commercial department – discusses Bad Cases As a commercial lawyer, cases sometimes come along that make you raise an eyebrow or even just sigh, as you... Read the rest of this entry →

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Jessica Greenhalgh – solicitor in our Corporate/Commercial department – discusses Secondary Ticket Reselling

The government has recently published its response to an independent review into secondary ticket reselling. There are two main types of secondary ticket reselling. The first is when an individual sells a ticket online when they can no longer attend an event to a third party so as not to make a loss, for example... Read the rest of this entry →

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Andrew Ryan – partner in our Dispute Resolution department – discusses Shareholder Disputes

Shareholder disputes are not unusual. Shareholders will often have different views and ideas about how the business should be run and this can often lead to conflict. There are documents which you can put in place to govern how the company should be run and it is important to be aware of these documents and... Read the rest of this entry →

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Andy McNish – partner in our Corporate/Commercial department – discusses Bad Cases

As a commercial lawyer, cases sometimes come along that make you raise an eyebrow or even just sigh, as you realise a judge (quite unnecessarily) has just made your life more difficult. Often this happens when the court is seeking to achieve a fair result in a specific case, but doesn’t factor in the unintended... Read the rest of this entry →

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Private Client Newsletter – May 2017

Welcome to the latest departmental newsletter from Davis Blank Furniss.  Our focus this time is on our Private Client team. DeBrieF NEWS: Laura Willis – associate solicitor in our Private Client team – discusses the Residence Nil Rate Band. What is the Residence Nil Rate Band? You may have seen in the news that a... Read the rest of this entry →

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