November 2013 Archive

Paying for counselling for depressed employee was reasonable adjustment

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An employee classed as 'disabled' due to her depression established that her employer should have paid for private psychiatric treatment to enable her to return to work. More …

Beware of turning pay rises into a contractual right

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Clare Walker considers how an employer's actions and communications, as understood by its employees, can create a contractual entitlement. More …

“How modern litigation should not be conducted” – the High Court refuses to order specific disclosure and criticises the Defendant’s conduct

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The High Court in Webb Resolutions Limited –v- JV Limited T/A Shepherd Chartered Surveyors [2013] EWHC 3526 commented on procedural defaults when it considered whether it was open to the claimant to apply to strike out parts of a defence and the defendant’s application for specific disclosure. More …

Update on chancel repair liability

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A look at the current position on chancel repair liability for homeowners and charities. More …

Bring your own device (BYOD): Not just an IT issue

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A recent survey by Ovum revealed that 67% of employees who own a smartphone, and 69% who own a tablet, use them for work purposes. More …

New ACAS Chair announced

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Sir Brendan Barber has been announced as the new Chair of the ACAS Council. His career has been almost exclusively within the TUC where he held the post of General Secretary from 2003 to 2012. More …

Drafting target cost clauses with precision (AMEC Group Ltd v Secretary of State for Defence [2013] 110 (TCC))

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The construction industry has recently seen an increase in the use of target cost contracts, with employers seeking to incentivise contractors to bring in construction projects within cost budgets. More …

Right to be accompanied - whose choice is it anyway?

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Section 10 of the Employment Relations Act 1999 ("the Act") provides that a worker has a statutory right to be accompanied at a disciplinary or grievance hearing. More …

When is it reasonable to refuse alternative employment?

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In a redundancy situation, an employer must consider alternative employment for potentially redundant employees to ensure a fair and reasonable redundancy procedure is carried out. More …

Intellectual Property Bill - What Does It Mean For Me?

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The Intellectual Property Bill 2013/2014 is currently progressing through the House of Commons. The Bill has already been through all of the stages needed to pass through the House of Lords and was presented to the House of Commons on 29 August 2013. More …