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Case Studies

Rest Breaks In The Railway Industry – Court Of Appeal Gives Guidance

23rd April 2019 by

Under Regulation 12 of the Working Time Regulations 1998 (WTR), workers are entitled to an uninterrupted 20-minute rest break if their daily working time exceeds six hours. However, there are exceptions to this general rule to take account of unusual or particular working arrangements where strict compliance would cause operational difficulties, which include where the worker works in railway transport and their ‘activities are linked to transport timetables and to ensuring the continuity and regularity of traffic’. Continue reading →

Medical Negligence Claims: Who Is Really At Fault For Them And Should I Claim?

23rd April 2019 by

The Law Society Gazette, the flagship weekly publication of the solicitors representative body, recently ran an article on a report by the National Audit Office (NAO), which revealed that National Health Service waiting lists for elective (pre-planned) treatment and for cancer procedures, had risen from 2.7 million to 4.2 million between March 2013 and November 2018. Quite staggering figures. Continue reading →

Supreme Court Hearing Needed To Confirm Commission

16th April 2019 by

The Estate Agents Act 1979 is quite specific as to how contracts between estate agents and their customers should be documented. A recent case dealt with the outcome of a failure to adhere to the terms of the Act, which in essence meant that an estate agent has faced a more than ten-year delay in securing his right to a commission. Continue reading →

Company Founder Sacked For Whistleblowing Awarded Substantial Damages

9th April 2019 by

Allegations against an employee may or may not be justified, but what really matters in terms of employment law is that they are fairly investigated. A medical recruitment company that signally failed in that task before summarily dismissing its CEO for whistleblowing was ordered to pay her substantial damages (Rizvi v Capital Care Services (UK) Limited). Continue reading →

Accountant Who Worked Exclusively For One Client Became An Employee

8th April 2019 by

The distinction between employment and self-employment is a continuing source of controversy and a ruling by the Employment Appeal Tribunal (EAT) that an accountant who worked exclusively for one client fell into the former category has added a new wrinkle to the vexed debate about employment status (Exmoor Ales Limited and Another v Herriot). Continue reading →

Revised Code Of Practice On Preventing Illegal Working

5th April 2019 by

Employers have a responsibility to prevent illegal working in the UK by ensuring that their employees have the right to work here. This involves carrying out document checks on people before employing them in order to confirm that they have a legal right to work here, either permanently or on a temporary basis. Where the employee only has a limited entitlement to remain in the UK, follow-up checks must be carried out. Continue reading →

Equal Pay Comparability – Supermarket Workers Win Important Victory

5th April 2019 by

In Asda Stores Limited v Brierley, the question before the Court of Appeal was whether or not thousands of women who worked at Asda’s retail stores could compare themselves with male members of staff who worked at the company’s distribution depots for the purposes of their equal pay claim. The depot workers, who unlike their retail colleagues had the benefit of established union representation and collective bargaining agreements, were paid a higher salary. Continue reading →

What happens at an Inquest? (And other frequently asked questions)

4th April 2019 by

An Inquest is held when someone has died in certain specific circumstances. Inquests are only held when an investigation is necessary to establish the facts about what the cause of death was, usually when the person died suddenly or in circumstances that remain unexplained. For example, deaths that have occurred as a result of violence, due to unnatural means or as a result of sudden and unknown causes would all necessitate an Inquest taking place. Continue reading →

Air Quality Targets And The Planning Regime – Court Of Appeal Test Case

26th March 2019 by

The Government is duty-bound by European law to ensure that specified air quality standards are met as quickly as possible. However, the Court of Appeal has ruled in an important test case that that duty does not extend to a general obligation to refuse planning consent for particular developments that might contribute to atmospheric pollution, including those raising the ambient level of nitrogen dioxide. Continue reading →

Team Healys LLP To Take Part In The Seven Port Challenge Charity Cycle Ride 2019 In Aid Of The Mayor’s Charities Sponsored By Woodhart Group

26th March 2019 by

From Thursday 2nd to Sunday 5th May 2019, Managing Partner, Dino Skinner and colleagues Ros Edwards and Jack Wingrove, will be taking part in the Seven Port Challenge which will consist of reaching the Seven Ports of Shoreham Port, Portsmouth, Caen (Ouistreham), Honfleur, Fecamp, Dieppe & Newhaven, on a 180 mile bike ride. Continue reading →

Is It Just Too Dangerous To Cycle In Brighton?

20th March 2019 by

At the time of writing, the UK is basking in unseasonably warm sunshine. Spring appears to have arrived early and with it, many of the outdoor activities that one associates with more temperate weather are making an early appearance. Whilst cycling is an all year-round activity and indeed a necessity for those who use it as their main method of getting around our towns and cities to commute to and from work, the number of people who choose to jump on their bikes increases considerably in the spring and summer months. Continue reading →

20th March 2019 0 Comments Uncategorised

The Inspector Calls – Industry Advice And Legal Updates For Care Professionals

20th March 2019 by

On Thursday 14th March, The National Care Association hosted its first ‘The Inspector Calls’ event at the Hallmark Hotel Bournemouth East Cliff, in Bournemouth. Representing small and medium sized care providers and affiliated local associations, National Care Association is a leading body that liaises with national Government at a political and departmental level, Local Government and key stakeholder groups including the NHS and CQC to support care employers and employees. Continue reading →

5 Reasons Why Brighton Means Business…

12th March 2019 by

Brighton has long enjoyed a reputation as a creative, dynamic city, regularly coming at the top of lists for the best places in which to live or work in the UK. More recently, Brighton has achieved the status of a thriving business hub, providing a number of opportunities, particularly for SMEs and tech companies. So what is it about this city that makes it so attractive to entrepreneurs? Continue reading →

5 Top Tips To Avoid Potential Franchise Disputes

12th March 2019 by

Starting a franchise can be an exciting business opportunity. As a franchisor, establishing a franchise network can be a rewarding way to expand a successful business in the UK and abroad. As a franchisee, purchasing a franchise allows for the chance to manage a business with the security of an established brand and the support of a client network. Continue reading →

Government’s Pausing Of Vaginal Mesh Implant Surgery Has Come Too Late For Far Too Many Women

4th March 2019 by

Victims of botched vaginal mesh surgery are, in increasing numbers, asking specialist surgical mesh implant solicitors to help them make medical negligence compensation claims, after having their lives turned upside down. The government has stopped all vaginal mesh operations pending the outcome of a review. Continue reading →

Are Dental Negligence Claims At Risk Of Becoming Toothless?

27th February 2019 by

Many people fear a visit to their dentist, but apparently dentists themselves fear an increase in dental negligence claims. This is according to Dental Protection, an indemnity insurance company for dental practices, which surveyed 1,100 dentists and found that 89% of them were ‘increasingly fearful of being sued by patients’. Continue reading →

Sorry Seems To Be The Hardest Word… CQC Fines Healthcare Provider

25th February 2019 by

The Care Quality Commission (CQC) fined Bradford Teaching Hospitals NHS Foundation Trust for failing to apologise to a family in a reasonable period of time. A baby had been admitted to Bradford Royal Infirmary in July 2016, but there were delays in diagnosing his condition and missed opportunities to admit him to hospital. He later died. In a development that will have raised the eyebrows of many in the care sector, the Trust was fined £1,250 after only apologising to the family in October 2016. Continue reading →

25th February 2019 0 Comments Care, Insights

Why Are There So Many Instances Of Cancer Misdiagnosis Happening In The UK?

22nd February 2019 by

Statistics provided by Cancer Research UK indicate that on average 360,000 people are diagnosed with cancer every year in the UK. However, an article that appeared in the Independent newspaper in December 2018, revealed the startling finding that 4 out of every 10 people diagnosed with cancer have been misdiagnosed at least once before the disease was identified. Continue reading →

Ill-Health Retirement, Pension Rights And Disability

7th February 2019 by

The Supreme Court has ruled that the way in which a university employee’s ill-health early retirement pension was calculated, based on the part-time salary he earned in the last three years before he took early retirement, did not constitute ‘unfavourable treatment’ for the purposes of Section 15(1) of the Equality Act 2010 (Williams v The Trustees of Swansea University Pension and Assurance Scheme and Another). Continue reading →

Healys is attending MIPIM, Will you be there?

7th February 2019 by

The 30th anniversary of MIPIM is just around the corner, and once again Healys will be attending. This year our team will be joining the Egypt Delegation, and will be based in The Palais Des Festivals. Held between the 12th and the 15th of March in Cannes, MIPIM is the largest real estate networking event in the property calendar. This year there are expected to be 24,000 delegates from over 100 countries, and three distinct teams from Healys will be attending the 4 day event. Continue reading →

Executive Pay Ratio Reporting

5th February 2019 by

The Companies (Miscellaneous Reporting) Regulations 2018, made under the Companies Act 2006, came into force on 1 January 2019. They introduce new corporate governance reporting requirements for UK-listed companies with an average of more than 250 employees in the relevant financial year to publish the pay gap between their Chief Executive Officer (CEO) and their average UK worker. Continue reading →

Specialist Lawyers Know How To Protect Vulnerable Accident Victims

21st January 2019 by

One of the most tragic effects of serious head injuries can be that victims lose the ability to make rational decisions and can be intensely vulnerable to exploitation by others. However, a case in which a crash victim won seven-figure compensation showed that specialist lawyers can see to it that measures are put in place to provide protection. Continue reading →

Disregard For Legalities Hits Developer In The Pocket

14th January 2019 by

Disregard for legal obligations in property development is unwise, as a recent case shows. It involved a developer that high-handedly decided to build affordable housing in the full knowledge that the charity which owns adjacent land benefits from restrictive covenants which would thereby be breached. The charity intended to use its land to build a hospice for sick children. Continue reading →

Beauty College Carbon Monoxide Victims Win Over £100,000 Damages

10th January 2019 by

Those who suffer injury as a result of their employer’s negligence or failure to comply with health and safety rules are entitled to compensation. In one striking case, nine hair and beauty college workers who suffered carbon monoxide poisoning due to a blocked boiler flue won over £100,000 in compensation between them. Continue reading →

Bank Fined For Failure To Distribute Assets To Beneficiaries

9th January 2019 by

Recently, Santander was fined more than £30 million for failing to distribute more than £180 million held in deceased customers’ accounts to their personal representatives or entitled beneficiaries. More than 40,000 account holders were involved in a problem that persisted for years, leading to an investigation by the Financial Conduct Authority (FCA). Continue reading →

Court Of Appeal Rules Uber Drivers Are Workers

9th January 2019 by

The Court of Appeal has upheld the decision of the Employment Appeal Tribunal (EAT) that drivers who use online taxi company Uber’s app are ‘workers’ within the meaning of the Employment Rights Act 1996 (ERA), rather than self-employed contractors, and thus have the right to be paid the National Minimum Wage or the National Living Wage and to receive holiday pay. However, the Court has given the company permission to appeal to the Supreme Court (Uber BV and Others v Aslam and Others). Continue reading →

Sleep-In Shifts And The National Minimum Wage

4th January 2019 by

In a guideline ruling, the Court of Appeal recently found that on a straightforward reading of the National Minimum Wage Regulations 1999, two care workers who were expected to sleep for all or most of their shifts and were provided with suitable facilities were entitled to be paid the National Minimum Wage (NMW) for time when they were required to be awake for the purpose of performing some particular task, but not for time when they were asleep (Royal Mencap Society v Tomlinson-Blake and Shannon v Jaikishan and Another). Continue reading →

What Is Deliverable Housing?

3rd January 2019 by

With a growing population and relatively low levels of new house-building taking place, the UK property market has suffered a perennial shortage of housing. Under the National Planning Policy Framework, councils are obligated to confirm on an annual basis that they have a supply of deliverable sites which are capable of meeting their housing demand for the next five years. Continue reading →

Expatriate Workers And The Territorial Reach Of British Employment Law

3rd January 2019 by

The general rule is that employees who work outside Britain cannot bring complaints before domestic Employment Tribunals (ETs). However, as a guideline Court of Appeal decision showed, there are exceptions and the issue of where the territorial reach of UK employment law finds its limits is highly fact sensitive (The British Council v Jeffery). Continue reading →

Employee Copyright Agreement Achieved Legitimate Aim, EAT Rules

2nd January 2019 by

Many employers require their staff to sign copyright agreements by which they give up their intellectual property rights to designs or other works created in the course of their employment. In an important decision concerning a luxury leather goods manufacturer, the Employment Appeal Tribunal (EAT) ruled that one such agreement was a proportionate means of achieving a legitimate aim (Gray v Mulberry Company (Design) Limited). Continue reading →

Man Gravely Injured During Autumn Gale Awarded £10.4 Million

14th December 2018 by

Freak accidents do happen but, where an accident is someone else’s fault, it is all part of a specialist lawyer’s work to ensure that victims are fairly compensated. In one case, a young man who was catastrophically injured when felled by a heavy metal gate that was blown into him by a gust of wind secured £10.4 million in compensation. Continue reading →

Broker Who Failed To Advise Of Disclosure Obligations Faces Liability

13th December 2018 by

When a dispute broke out over an insurance claim, the value of line-by-line analysis of the policy terms and the obligations to make disclosures were made starkly evident. The dispute arose after the owner of a property rented it out to another firm for waste recycling. Insurance cover was placed with two insurers by a broker on behalf of the tenant and the property owner to cover various risks, including to the plant and machinery. Continue reading →

Failing To Settle Terms Leads To Court Of Appeal

11th December 2018 by

It is common for a formal contract to be preceded by a letter of intent which allows the parties to the contract to make progress whilst the formalities are being sorted out. Normally all goes well, but a recent case shows the dangers of proceeding too quickly under a letter of intent without having all the necessary contractual safeguards in place. Continue reading →