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Working Time Regulations Rest Breaks

This was a cheeky claim by an employee at Higher Level Care Limited.  A Ms Santos Gomes claimed compensation for injury to feelings for not being allowed rest breaks under the Working Time Regulations. Although the claimant won compensation following her employer’s failure to provide her with a 20 minute rest breaks on shifts over... Read the rest of this entry →

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Indirect Religious Discrimination

The EAT in Pendleton –v- Derbyshire County Council has  held that it was indirect religious discrimination to dismiss a teacher for refusing to leave her husband after his conviction for sex offences.  The claimant had been a longstanding teacher with a clear record.  Her husband who was a head teacher was convicted of making indecent... Read the rest of this entry →

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Mutuality of Obligation

The Court of Appeal in Secretary of State for Justice –v- Windle and Arada had to decide whether account should be taken of the absence of mutuality of obligation when deciding whether an individual was an employee for the purposes of the Equality Act 2010. The Claimants were professional interpreters for HMCTS.  They worked on... Read the rest of this entry →

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Repudiatory Breach

In Gibbs –v- Leeds United Football Club, the High Court had to decide whether an employee’s willingness to negotiate a termination package prevented him from bringing a claim for constructive dismissal. Mr Gibbs was the Assistant Manager at Leeds United.  Following the dismissal of the manager, Mr Gibbs was asked whether he was interested in... Read the rest of this entry →

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Religious Discrimination

In the case of Wasteney –v- East London NHS Trust the EAT had to decide whether disciplinary action against an employee for improperly promoting Christianity to a junior colleague was unlawful religious discrimination. East London NHS Trust received complaints from a worker of Muslim faith about Ms Wasteney’s behaviour relating to various conversations and actions... Read the rest of this entry →

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Davis Blank Furniss raises £1,232.00 for Willow Wood Hospice

Davis Blank Furniss has presented Willow Wood Hospice with a cheque for £1,232.00. We raised the money during our recent Lasting Powers of Attorney Week. A Lasting Power of Attorney (LPA) enables you to appoint a trusted friend, relative or professional to make decisions about your finances, property and personal welfare in the event that... Read the rest of this entry →

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Davis Blank Furniss announces new partner, promotions & NQ appointment

We are delighted to announce that Anita Shepherd has been promoted to partner in our Family team. Anita joined the firm in 2012 and works out of the Manchester and Glossop offices. She handles all aspects of family law and is also a Resolution Advanced Accredited Specialist with a focus on domestic abuse and advanced... Read the rest of this entry →

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Andy McNish – partner in our Corporate and Commercial department – on PSC Registers

From 6th April 2016, UK corporate bodies (including limited companies and limited liability partnerships) are obliged to create, maintain and keep available for inspection a Register of People with Significant Control (PSC Register). The PSC Register must set-out people who have significant influence and control of the company and contain certain prescribed information – effectively... Read the rest of this entry →

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Shiva Shadi – Head of Employment – asks: “Employee or Consultant?”

Organisations have to consider certain issues when deciding whether to take on an individual as a self-employed consultant or an employee. Most take on individuals as employees without giving it a second thought, even though  Consultancy Agreements can form a more commercial and flexible relationship than a Contract of Employment. Consultants can bring expertise to... Read the rest of this entry →

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Holly Rogalski – trainee solicitor in our Private Client department – discusses what you can do when a loved one is no longer able to make their own decisions

Each day we make hundreds, if not thousands of decisions for ourselves. These range from smaller decisions, such as what to wear, to more important decisions, like how to invest our savings. The ability to make decisions for yourself is known as ‘capacity’. In law, a person is assumed to have capacity unless it is... Read the rest of this entry →

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