Issue: April 2024

EAT – state immunity

April 2024 | Employment

The EAT has heard an interesting case in which it allowed an appeal against a decision that the ET had jurisdiction to hear the claimant’s claim despite the respondent claiming state immunity. The case summary is as follows: ‘Jurisdictional points – state immunity Having (through its then solicitors) accepted the jurisdiction of the Employment Tribunal …

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Leading counsel – costs not allowed

April 2024 | Professional

Firms instructing counsel should take heed from a recent HC case involving an appeal against a costs judge to disallow leading counsel’s fees when determining the appellant’s recoverable costs on detailed assessment. The underlying claim arose out of the appellant’s mother’s death from mesothelioma. Her late husband, the appellant’s father, predeceased her. He also died …

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EAT – sexual harassment

April 2024 | Employment

The EAT has allowed an appeal by an employer and has remitted the case to a differently constituted ET for redetermination. The claimant was made redundant after two male managers visited her in the shop where she worked, asked her two female colleagues to leave and then told her in the basement of the shop …

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SDLT MDR – axed

April 2024 | Tax

As conveyancers will no doubt be aware, in the Budget of 6 March 2024, Multiple Dwellings Relief (MDR) will be abolished with effect from 1 June 2024. MDR is a bulk purchase relief from Stamp Duty Land Tax which applies to the purchase of two or more dwellings in England and Northern Ireland. MDR will …

TUPE – discrimination claim

April 2024 | Employment

The EAT has heard an interesting case in which it held that liability for discrimination claims does not transfer when the party alleged to have carried out the discrimination transfers to another employer under TUPE. The case summary is as follows: ‘The Employment Tribunal upheld the claimant’s (C’s) claims for unfair constructive dismissal under the …

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Termination payments – HMRC change

April 2024 | Tax

Of interest to employment lawyers is HMRC’s change of tack in relation to giving advice on termination payments. Their recent update states: ‘Termination payments – the correct route to obtain clearance where there may be uncertainty of the correct tax treatment HMRC is aligning its approach to providing advance assurance on certain termination payment enquiries. …

SRA – AML sectoral risk assessment

April 2024 | Conduct, practice and risk management

The SRA has updated its AML and terrorist financing sectoral risk assessment. The UK government periodically undertakes a national risk assessment pulling together risk-based information from all sectors in scope of the AML requirements, law enforcement and other sources. The SRA reminds firms that all firms that are within scope of the Regulations must comply …

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Redundancy and maternity – increased protection

April 2024 | Employment

Employers must get to grips with new rules that came into force on 6 April 2024. Under the existing rules, employers who are on maternity, adoption or shared parental leave and are selected for redundancy are entitled to be offered a suitable alternative vacancy, if available. This gives them priority protection against dismissal. Important changes …

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Practice – deprivation of liberty

April 2024 | Wills, probate and administration

The Law Society has published a raft of updated guidance and reference guides on deprivation of liberty, which lawyers and other professionals in health and social care will find invaluable. The key guide is Understanding when someone is deprived of their liberty – it reflects developments since original LS guidance was published in 2015. Those …

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Building regulations – enforcement

April 2024 | Conveyancing

Conveyancers have long been used to the enforcement period of one year for lack of building regulations. In essence, if building work contravenes the building regulations, the building control authority cannot take enforcement proceedings if more than a year has elapsed since the work was completed. In such circumstances, the conveyancer acting for the buyer …

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