Issue: February 2024

Partner – and employee

February 2024 | Employment

The EAT has heard an appeal where the issue was whether the existence of a pre-existing partnership, through which services are then provided to another party by one of the partners, and for which payment is made to the partnership, precluded the possibility that the partner in question was an employee, as defined by s230(1) …

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Option to purchase – deposit

February 2024 | Land

The HC has heard a case involving the payment of a deposit on the exercise of an option. The facts were thus: ‘2. The claimant is the tenant under three separate leases of commercial premises at Bilsthorpe, Canvey Island, and Billingham, each for terms of ten years from and including 14 June 2013. The first …

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EAT – time for appeal

February 2024 | Employment

This appeal considered the practice and procedure of time for appeal to the EAT. All employment practitioners should take heed. The case summary states: ‘The claimants sought to appeal from the reserved judgment and reasons of the employment tribunal, arising from a full merits hearing, dismissing their complaints. When presenting their notice of appeal they …

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Consultation – land ownership and trusts

February 2024 | Land

We do not usually give details of government consultations, but one announced by the DLUHC is of great significance to property practitioners, so it is worth a mention. The consultation is entitled ‘Transparency of land ownership involving trusts consultation’ and seeks views on improving transparency of land ownership involving trusts. It seeks specific views on …

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Back pay – SC case

February 2024 | Employment

The SC has heard a case which needs careful consideration regarding back pay. The case involves police officers in NI, but is relevant for employers in England and Wales. Police and civilian staff of the NI police force brought claims to recover sums which they should have been paid since November 1998 as part of …

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Parking easement – becomes legal

February 2024 | Land

The CA has heard a case which will be of interest to property and land lawyers. The facts are thus: ‘1. This appeal is concerned with the proper interpretation of a reservation of rights clause in a head lease. The underlying dispute is about car parking. 2. The Appellants are the owners of long leases …

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Acas – flexible working guidance

February 2024 | Employment

Practitioners advising employers should keep an eye on the progress of a Code of Practice on handling requests for a predictable working pattern. The Workers (Predictable Terms and Conditions) Act 2023 received royal assent on 18 September 2023. The new legislation will give employees and workers a right to request a predictable work pattern under …

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Renting – Wales

February 2024 | Landlord and tenant – residential

Despite the date of the Act, the Renting Homes (Wales) Act 2016 did not come into force until 1 December 2022. The Act is the biggest change to housing law in Wales for decades and changed the way all landlords in Wales rent their properties, improving how we rent, manage, and live in rented homes …

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Workplace monitoring – ICO guidance

February 2024 | Employment

The ICO has issued guidance for employers on lawful monitoring in the workplace. The ICO states that research it commissioned reveals that 70% of the public would find it intrusive to be monitored by an employer. Aimed at employers across both the public and private sector, the new guidance provides clear direction on how monitoring …

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Witnessing death – SC decision

February 2024 | Personal injury

The SC has given what is described as a ‘landmark’ judgment and the SC press summary is as follows: ‘Background to the Appeals The claimants in these three cases are each claiming compensation in the tort of negligence for psychiatric illness caused by the experience of witnessing the death of a close family member in …

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