On 6 April 2009 the Mandatory Dismissal and Disciplinary Procedures and Grievance Procedures (the statutory procedures) will be Repealed when Relevant Provisions of the Employment Act 2008 Come Into Force. It is no exaggeration to say that this is one of the most eagerly awaited changes to employment law for many years, and it is all but impossible to find anyone who doesn't view this as a positive development ...
Insurers have lodged a Judicial Review against The Damages (Asbestos-related conditions) Scotland Act. The Act, which was passed on 17 April 2009, made compensation available for the victims of pleural plaques in Scotland. The insurers are bringing the action in an attempt to avoid having to pay compensation for this condition ...
Not something a landlord wants to hear. But what does it mean? Before a landlord can consider what remedial action is available against a defaulting tenant, it needs to understand the reason for the default. Where a tenant is insolvent, the precise nature of that insolvency needs to be established ...
The Chancellor delivered the 2009 Budget on 22 April 2009. The following is a summary of the main points of interest. Income tax From 6 April 2010 there will be an additional higher rate of 50 per cent on taxable income above £150,000. The basic personal allowance for income tax will be reduced by £1 for every £2 an individual's net income is above £100,000 ...
Selecting the right property for your business is vital for success, and likely to be your biggest expense after staffing costs. So in the current market, flexible office space may be a wise alternative to a traditional leasing commitment.Three principal models are available: serviced offices, ‘drop-in offices', and virtual offices ...
The property industry will have an opportunity to assess the impact of the Carbon Reduction Commitment (CRC) when a user guide and a consultation paper are issued by the Government, this month. The CRC is a UK-wide, legally binding scheme designed to reduce energy use, and a key component of the Government's strategy to reduce carbon emissions attributable to property ...
Software is part of the day-to-day fabric for most companies. And almost everyone who uses it does so with little or no thought about what happens should it fail, or if it is no longer available. However, the prudent software buyer will consider how to protect against failure of critical or bespoke software, which is where escrow may come in. Be warned, though ...
The codification of directors' duties under the Companies Act 2006 has brought directors' exposure to liability into sharp focus. This, along with extended rules on corporate governance, recent legislation, and increased shareholder awareness, means directors must evaluate the liability protection that is available to them. A company cannot, of course, indemnify directors against their own wrongdoing ...
The Advocate General of the European Court of Justice (ECJ) expressed her opinion in respect of a reference for a preliminary ruling from a German court. The main proceedings before the German court concern a German distance retailer who tried to charge the customer of a second-hand laptop for the eight months of use she had ...
With the credit crunch likely to affect every aspect of the global economy, the prospect of declining revenue threatens to erode the profitability of many businesses. So the challenge is to preserve cash and cut costs. But how does this affect IT? Cutting back on IT projects is not necessarily an option. Software is the engine of the modern enterprise. Indeed, for many organisations it is their primary source of competitive advantage ...
In the current economic downturn it seems that industrial relations are once again in the spotlight for all the wrong reasons. Recent "wildcat" strikes over the use of foreign labour suggest a trend towards more militant attitudes within the workforce and the possibility of greater industrial unrest. The UK's labour laws are very complex ...
Commission adopts temporary State aid 'credit crunch' framework The European Commission has adopted a temporary state aid framework, designed to help tackle the spiralling negative effects of the 'credit crunch' on the real economy. Under the framework, Member States can - after notifying the Commission - put into effect a range of aid schemes aimed at helping otherwise sound companies that are finding it difficult to access funding ...
Consumers currently spend €24bn every year in cross-border transactions, but this is only a fraction of the potential market.Many individuals are dissuaded from spending more by doubts over issues such as delivery timescales and after-sales service.EU forecasters expect online revenues within Member States to grow by 230% in the next five years, but only if the way is smoothed by the adoption of a new Consumer Rights Directive ...
While they are an integral part of most businesses - often with a primary function of delivering cost savings and efficiencies - they must be kept up-to-date to ensure they achieve those aims. So now is a good time to undertake an IT systems review, and look at consolidation and streamlining. Changes to business structures, acquisitions and a system's age are other triggers for an IT stock take ...
But which practical actions could add up to substantial cost savings in the current climate and for the future?: try to capitalise on potential rent savings in volatile markets look to release funds from the portfolio - sweat the assets make sure that service charges are kept in check act quickly on sub-tenant default These are the key messages:
With effect from 1 January 2009, new rules require administrators to provide information to creditors on a range of detailed issues when carrying out a pre-pack sale in an administration. Pre-packs are the process during which a troubled company and a proposed purchaser reach an agreement before an administrator is appointed, relating to the sale of all or part of the company's business or assets ...
Six months on from the implementation of sections 20 and 21 of the Road Safety Act 2006, and occupational road safety remains a significant cause for concern for employers. The Act introduced two new offences of causing death by careless driving and causing death whilst unlicensed, disqualified or uninsured, with offenders finding themselves facing up to five years’ imprisonment for what could be a momentary lapse of concentration ...
Family Intervention Tenancies (FITs) are a new type of tenancy to be introduced by Sections 297-298 of the Housing and Regeneration Act 2008. They will be another tool for registered providers (the new term for both Registered Social Landlords and local authorities to tackle anti-social behaviour ...
The contract between Liberty Mercian and Dean and Dyball was for completion of a number of retail units. The Contractor was given a series of sectional completion dates for the works with liquidated damages payable if any of these were missed. The Contractor was late completing one of the early sections, and was therefore liable for LADs in respect of this section ...
Anybody who has ordered their Christmas shopping online or installed software will have encountered so-called 'clickwrap' agreements. With clickwrap, before being able to complete the order or install the software, you must indicate acceptance of the service provider's terms and conditions – with a simple click on the I agree button – before being able to proceed. This is the stark choice of “take it or leave it” for the digital age ...
Many property agreements allow the developer to decide whether conditions attaching to planning permissions are onerous without imposing a parallel obligation to act reasonably.Despite this wide discretion, recent case law has confirmed that there is still an implied duty to act in good faith ...
This is largely a codification of duties which already existed under previous legislation or the common law. However, the Act does introduce some new duties. With effect from 1 October 2008, every director of a company now has a statutory duty to avoid a situation in which he has, or can have, a direct or indirect interest that conflicts, or possibly may conflict, with the interests of the company (a ‘situational conflict') ...
Pat McFadden, the Minister for Employment Relations and Postal Affairs, has confirmed that the extension of the right to request flexible working to parents of children up to the age of 16 will be implemented in April 2009, as planned ...
The Office of Fair Trading (the “OFT”) has published the results of its market study into homebuilding in the UK. The report concludes that the sector is broadly competitive and there is little evidence of house builders holding onto land to restrict supply and so increase prices. However, the report also concludes that homebuyers can experience delays and faults and they need more protection when buying a new home ...
WARNING SIGNS AND EARLY ACTIONS Works are falling behind programme. If a Contractor is struggling financially then they may not be able to buy sufficient resources to complete the job within the time limits. If a Contractor starts asking for advance payments, this is another sign that it is not in good financial health ...
