The discussion will cover core planning and implementation teams, assessment of existing models, risk assessments, implementation of safety measures, screening measures, return to work plans, wellbeing and welfare and limiting legal risks....

The world is in turmoil. Rumour, fake news and wild assertions form part of our daily information overload. How are good organisations communicating with their employees, suppliers and stakeholders? Reputations will be made and lost during this cris...

With the Prime Minister due to address the nation on the government’s strategy to ease the lockdown on Sunday 10 May 2020, our Health, Safety and Employment clinic returns the following day to focus on the practical application of transitioning a wo...

Although there are similarities, it is dangerous to consider the German and Austrian employment law systems to be one and the same. Austrian law is distinct in many ways, most importantly in relation to probationary periods, the termination of emplo...

Two years in, the way OfS is exercising its powers is really starting to shape the sector. The dynamics between an institution and its regulators can be complicated but getting the relationship right is ever more critical for any institution to thri...

Many senior managers lack experience of working with unions and employee representatives....

This course considers strategic and practical issues that international HR professionals encounter, from methods to cut costs and improve business performance to contract and policy issues. We explain when HR and legal can support managers’ desire ...

This Nordic employment training course covers, in turn, an introduction to the employment law systems of Denmark, Sweden, Finland and Norway. We will also share the experience we have gained in assisting clients with their operations in the Nordic r...

Our recent poll sought your views on the areas of employment law you would most like to see reformed following the election. Unfair dismissal protection, employment tribunal practice and procedure and retirement age an...

The Conservative and Liberal Democrat Coalition Agreement provides some clues as to the future development of employment law under the new Government. The seven page document is an interim agreement and will be followed "in due course" by a final Co...

Statistics for 2009-10 released by the Tribunals Service this week reveal that claims to employment tribunals have dramatically increased this year. Despite an overall drop in 2008-9, when the number of claims was 151,028, claims have soared to 236,...

After more than 10 years of European legal protection for employees in the event of a relevant transfer, many aspects of the Transfer of Undertakings Directive 2001 (Council Directive 2001/23/EC) and its predecessor have by now been litigated over a...

Those in legal practice are all too aware of the benefits but also the limitations of legal professional privilege, none more so than lawyers working in-house. Where such protection arises in the context of UK practice is reasonably well settled. Ho...

We have set out below a summary of the notable legislative changes from 1 October 2010. Equality Act 2010 Regulations have recently confirmed which parts of the Equality Act 2010 will take effect on 1 October this year and which parts are currentl...

The Scottish Government and the Welsh Assembly Government have issued consultation documents setting out their plans for specific duties for their respective relevant public bodies. These specific duties will supplement the new general duty, introdu...

The Court of Appeal has today cast doubt on existing domestic case-law on when the obligation to consult begins under section 188 TULRCA and the EU Collective Redundancies Directive. Having considered two opposing views as to when consultation begin...

The government has laid before Parliament the draft Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011 aimed at abolishing the default retirement age. However, in the version seen by Eversheds, the transitional arrangements f...

The Government has laid before Parliament a revised draft of the Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011 which are intended to abolish the default retirement age. The new regulations correct a pr...

(1) Discovery (Northampton) Limited (2) Discovery (Nuneaton) Limited (3) Southampton Estates Limited (4) Discovery (Torquay) Limited (5) Discovery (Folkestone) Limited (6) Discovery (Harrogate) Limited v Debenhams Retail Limited (2) James Robert Tuc...

London Kendal Street No.3 Limited v Daejan Investments Limited (County Court) Earlier this summer the County Court at Central London issued the first decided case to apply the test given in the Supreme Court case of S Franses Ltd v Cavendish Hotel (...

Chris Mullings of Eversheds Sutherland discusses the different contractual arrangements for options, pre-emptions and rights of first offer, and considers which might best suit particular circumstances and whether the parties really meant what they ...

Neocleous v Rees [2019] EWHC 2462 (Ch) Where a contract was formed over a series of emails and involved the transfer of an interest in land the automatic sign off on the solicitor’s email was enough to mean the document was “signed&rdquo...

In the matter of an application by (1) Gary Owen (2) Heather Lynn Richards [2019] UKUT 171 (LC) A recent Upper Tribunal case highlights the importance of ensuring that applications to modify or discharge restrictive covenants are made on the correct...

Canada Goose UK retail Ltd and James Hayton v Persons Unknown (1) and People for the Ethical Treatment of Animals (PETA) Foundation (2) 2019 EWHC 2459 Clothing retailer Canada Goose (“CG”) recently failed to persuade the Court that it sh...

Cornerstone Telecommunications Infrastructure Limited v Compton Beauchamp Estates Limited [2019] EWCA Civ 1755 The Court of Appeal’s judgement is the latest decision concerning the Code and the first appeal heard concerning the Electr...

Chelsea Football Club –v- Hardiman [2019] 10 WLUK 100 Chelsea had taken action to prevent an alleged ticket tout from selling tickets to football matches at the Chelsea ground.  It applied to court to continue the injunction which it had ...

The Treasury Select Committee’s report highlights the recent calls for meaningful reform to the business rates system.  The concerns have been growing, culminating most recently in a letter signed by over 50 retail bosses to the Chancello...

Eversheds Sutherland property column: November 2019 Taking property off-plan involves a whole host of extra considerations, and prestigious tenants looking for new high profile headquarters or bespoke office space require comprehensive landlord and ...

In August 2019, the Government consulted on the principle of amending permitted development rights in England to grant planning permission for mobile infrastructure to support deployment of 5G and extend mobile coverage. The Government is committed ...

Sequent Nominees Ltd (formerly Rotrust Nominees Ltd) v Hautford Ltd [2019] UKSC 47 The Supreme Court has overturned the decision of the two lower courts and held that a landlord was reasonable to withhold its consent to the tenant’s applicatio...

The Supreme Court has issued an important decision which considers whether land can be registered as a town or village green where that land has been acquired by a statutory undertaker and is held for purposes that are inconsistent with the use of t...

Essex County Council, Havering College of Further and Higher Education, The Governing Body of Sawyers Hall College v Davies and others [2019] EWHC 3443 A recent High Court case has reaffirmed the well-established rule that a landlord does not owe a ...

CUADRILLA BOWLAND LIMITED & ORS (Claimants/Respondents) v (1-3) PERSONS UNKNOWN (Defendants) & (1) KATRINA LAWRIE (2) LEE WALSH (3) CHRISTOPHER WILSON (Appellants/Respondents to Committal Applications) [2020] EWCA Civ 9. The Court of Appeal ...

(1) Edward Williams (2) Christine Mary Laverty v Carraway Guildford (Nominee A) Ltd & 19 Ors [2019] EWHC 3073 (Ch) The High Court recently refused to strike out a challenge to Regis UK Limited’s CVA despite the CVA having been terminated b...

Derby Technology Hospitals NHS Foundation Trust and others v Derby City Council and others [2019] EWHC 3436 (Ch) The High Court has held that NHS Foundation Trusts are not charities for business rates’ purposes and are therefore not entitled t...

Colour Weddings Ltd v Ritchie Roberts (Valuation Officer) [2019] UKUT 385 (LC) The issue of how a property undergoing redevelopment should be treated for rating purposes hit the headlines a few years ago with the case of Monk v Newbegin. That case e...

Eventuate Capital Ltd v Grosvenor Estate Belgravia (E02CL652) The County Court and First-tier Tribunal Unopposed Business Lease Renewal Pilot Scheme has been in place for over 2 years but very few cases have, as yet, proceeded to trial. In one of th...

Giles Duncan Fearn (2) Gerald Kraftman (3) Ian McFadyen (4) Helen Claire McFadyen (5) Lindsay Urquhart v The Board of Trustees of the Tate Gallery [2020] EWCA Civ 104 The Court of Appeal has dismissed an appeal made by residents of luxury glass-fron...

Nigel Crighton Pease v Jeffrey William Carter and Louise Mary Carter [2020] EWCA Civ 175 A recent Court of Appeal decision found that notices of proceedings for possession under s.8 of the Housing Act 1988 were valid despite an error in a key date ...

In Austria, the Civil Code provides in its Sections 1104 and 1105 ABGB for total or partial exemptions from existing rent payment obligations for tenants in the case that the leased property is unusable due to epidemics. When is a complete rent exe...

  The Ground Beneath Our Feet The reservations of mines and minerals in a real estate context can be a cause for concern, especially when considering purchasing a property for development. With an eye to an economic opportunity, the registratio...

  Together in electric dreams The Chancellor’s announcement of a £500 million fund to support the rollout of electric vehicle charging points has caused many landowners to take notice of the potential benefits that this electric rev...

Since the Federal Council ordered the closure of a large part of the shops in Switzerland in mid-March to counteract the spread of the COVID-19 virus, a dispute has raged between business tenants and landlords as to whether this extraordinary situat...

Summary The High Court has recently handed down its judgment in R (Critchley) v Financial Ombudsman Service and two others [2019] EWHC 3036 (Admin).  The applicant, Mrs Critchley sought to challenge FOS’s rejection of her PPI complaint on...

New dispute resolution service for SMEs Background In March 2018, UK Finance commissioned an independent review into the complaints and alternative dispute resolution landscape for the small and medium sized enterprises market in the UK.  An in...

Summary: The Supreme Court handed down its long anticipated judgment in the case of Travellers Insurance Company Limited v XYZ [2019] UKSC 48 on 31 October 2019. The appellant, Travelers Insurance Company Limited (“Travelers”) was succes...

On 20 December 2019, the Money Laundering and Terrorist Financing (Amendment) Regulations 2019 (“MLR 2019”) were laid before Parliament.  The MLR 2019 gives effect to the EU Fifth Money Laundering Directive[1]

In November 2019 the National Crime Agency (NCA) published its annual Suspicious Activity Reports (SAR) Report for 2018/2019 (the Annual Report). The Annual Report focused on the continued year-on-year uplift in the overall number of SARs, and in pa...

As part of the UK Governments’ ongoing programme to implement the European Union’s Fifth Money Laundering Directive (5MLD) in UK law, the FCA will begin supervising Anti Money Laundering and Countering Financing of Terrorism (AML/CFT) co...

1.       What is the Enforcement of Judgments Office? The Enforcement of Judgments Office (the “EJO”) is a public body responsible for enforcing judgments in Northern Ireland. This contrasts to the system in...