The EAT has heard a case involving an allegation of ‘insubordination’ – a somewhat emotive term. The case summary is as follows: ‘Ms Goburdhun (“the Claimant”) worked as an accountant. She was subject to disciplinary proceedings for “insubordination” for not adhering to an instruction from the Respondent employer to include figures for expenses incurred described …
Continue reading “Insubordination – constructive dismissal”
From 23 January 2024, Schedule 3ZA (the old statutory list of High Risk Third Countries (HRTC) which was being updated frequently) has been repealed. HRTCs will now be defined as those who are subject to increased monitoring (‘grey list’) or to a call for action (‘blacklist’) by the international Financial Action Task Force (FATF). To …
Continue reading “High-risk third countries – change”
We reported in our November 2023 edition (p2) on the increased powers that will be conferred on Companies House following the Economic Crime and Corporate Transparency Act 2023. The Act received royal assent on 26 October 2023. The Act gives Companies House the power to play a more significant role in tackling economic crime. Over …
Continue reading “Companies House – greater powers”
The EAT has heard a case involving an originally successful claim of constructive dismissal and disability discrimination. The case summary is as follows: ‘Constructive unfair dismissal – associative disability discrimination (section 13 Equality Act 2020) – practice and procedure The claimant pursued claims of constructive unfair dismissal and of direct associative disability discrimination, relating to …
Continue reading “Disability discrimination – ET unfair”
Property practitioners will (hopefully) not be advising as to the efficacy or otherwise of SDLT avoidance schemes, but they still need to be alert to the possibility that a client might use one. HMRC has made no secret of the fact that such schemes will be robustly challenged and we now have a CA case …
Companies House has announced its fee changes that will come into effect on 1 May 2024. The increases cover a wide range of services, including company registration, so practitioners should check, but some of the most notable are: Digital Company incorporation and registration fees Transaction Channel New fee Incorporation Digital £50 Incorporation (same day) Software …
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The behaviour of both parents in relation to their young daughter (now seven) amounted to ‘sexual abuse’ – even though it was ‘non-contact’ sexual abuse. The CA has stated that ‘non-contact’ sexual abuse may be no less pernicious than ‘contact’ sexual abuse. M unsuccessfully appealed the finding of ‘sexual abuse’ following the final hearing in …
Continue reading “Fact-finding – sexual abuse”
T died in 2016 aged 85, a year after making a will. Following a challenge by her three sons, the court found the will was invalid because of undue influence exercised by the daughter (R). R’s appeal succeeded. In 2009, T had a heart attack and R moved in with her and became her main …
Continue reading “Wills – undue influence”
Practitioners should be reminded about the helpful guidance for new MLROs and MLCOs which the SRA published some time ago. It is the sort of content that could get lost in the daily grind of the roles. What is particularly helpful is the checklists for those in each role broken down into first day, first …
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H issued divorce proceedings in Monaco in February 2022; W issued her petition in London in September 2022. The question was where proceedings should take place, with issues around domicile, residence and jurisdiction. H had launched a fault-based divorce procedure in Monaco under Article 197 of its Civil Code (several experts gave evidence that this …
Continue reading “Procedure – stay of proceedings; residence”