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185 results found showing 1 - 20
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Arranging a contract with a supplier based in India
We have had an excellent quotation for the job of designing software. The suppliers are based in Nagpur, India. We have a standard contract wording that includes a standard clause to the effect that the legal jurisdiction for resolution of contractual dispute will be the Laws of England and Wales. The Indian supplier is nervous about this clause but is happy with every other aspect of the contract. They want the laws of India to app...
Comment | 22 Feb 2006
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Construction contract changes
© Workplace Law Group 2011 All rights reserved Construction contract changes Construction contract changes On 1 October 2011, a new era begins as amendments to the Housing Grants Construction and Regeneration Act 1996 (`the Act') comes into force pursuant to the Local Democracy, Economic Development and Construction Act 2009. If you or your business is involved in ...
News analysis | 26 Sep 2011
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High Court commercial property disputes up 43%
...on future rent reviews on that building and ultimately impact the investment value of a commercial office or retail space. Service charges also attract much greater scrutiny during periods of economic hardship. Tenants will be very keen to cut costs in a downturn and are likely to review the contractual terms of service charges more thoroughly. Disputes over service charges can be particularly acrimonious in the retail sector, Sweet & Maxwell says, because these charges, particularly for tenants in shopping centres, are often very high. Even disputes over whether the service charge covers ...
News | 22 Feb 2011
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BMI dispute ‘a timely reminder’
...r to enter into a three-year pay deal, only to find economic circumstances turn against it in the later years. As BMI may discover, where employees' pay rises are legally negotiated by a trade union on their behalf, simply refusing to pay the increase can result in an expensive breach of contract." He added: "Unite's announcement that it intends to take High Court action for breach of contract against BMI is undoubtedly part of its negotiating tactics. Courting publicity and threatening legal action will serve to wind up the pressure on BMI's management at a critical point in this...
News | 22 Sep 2010
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Dentist loses dispute over employment status
In a recent case, the Employment Appeal Tribunal has held that an unfettered right of substitution in a contract can be detrimental to worker status. The case involved a dentist, but, according to law firm Blake Lapthorn, its implications will also be particularly relevant to those working in the construction sector. The dentist, Dr Sultan-Darmon, entered into a contract with Community Dental Centres (the...
Case | 20 Aug 2010
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Sham contracts: Navigating through smoke and mirrors
© Workplace Law Group 2009 All rights reserved Sham contracts Navigating through smoke and mirrors Sham contracts Navigating through smoke and mirrors When parties sign contracts their intention is generally to provide the last word on the nature of their relationship. In many cases, this is achieved. However, what happens when the contractual terms diff...
News analysis | 14 Apr 2009
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Statutory Dispute Resolution Procedures abolished
...and this will be taken into account by Tribunals when deciding whether certain dismissals were fair. The Code only applies to disciplinary situations including misconduct and poor performance. The Code expressly states that it does not apply to redundancy dismissals or dismissals where a fixed-term contract is not being renewed. It would also seem that it will not apply to non-disciplinary dismissals such as retirement and capability due to genuine long-term illness. It will not be mandatory for employers to follow the Code so they will not be liable to proceedings simply for a failure to follow it. H...
News | 6 Apr 2009
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Well-drafted contract is key to dispute over holiday pay
...en, i.e., eight days. The tribunal accepted his argument, made under Regulation 15 of the Working Time Regulations (WTR).But when I & CM appealed, the Employment Appeal Tribunal ruled that this section of the regulations could be varied by “relevant agreement”. Such an agreement could include a contract of employment. Because the procedure for the notice period was spelled out in Mr Briffa’s contract, the Employment Appeal Tribunal said he was not entitled to compensation in lieu of accrued holiday.Roger Byard, head of employment at Cripps Harries Hall, says: “It has long been a source of frus...
Case | 14 Nov 2008
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Wembley: “Entire contracts” and the right to be paid
© Workplace Law Group 2008 All rights reserved Wembley: "Entire contracts" and the right to be paid Wembley: "Entire contracts" and the right to be paid The main judgment was given last Monday in the Wembley case. The dispute between Multiplex and Cleveland Bridge raised a number of important legal issues. One was whether Cleveland Bridge, who walked off the project, w...
News analysis | 7 Oct 2008
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Did breach of contract cause the employee to leave?
...He claimed that Abbycars had fundamentally breached the term of mutual trust and confidence and he referred to a series of breaches by Abbycars including taking his company car back. The Tribunal upheld his claim for constructive unfair dismissal. The Tribunal identified two repudiatory breaches of contract [a breach sufficiently serious enough to entitle the innocent party to bring the contract to an end]; namely, the failure to pay his telephone allowance and requiring him to return his car in an unacceptable manner. These breaches entitled him to resign without notice and claim constructive dismis...
Case | 22 Jul 2008
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Zero hour contracts
Rebeca I'm sorry but you have misunderstood what I was trying to relay, Contracts do need to be issued and they do need to be in writing as part of being a responsible employer and also to clarify the exact position of the employee and exact requirement of the employer, so that when a dispute arises it is far simpler to reach a decision as to who is in breech and reach a much m...
Comment | 23 Apr 2010
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Zero hour contracts
Anon I disagree Contracts do need to be issued,m there is a saying "If it isn't written it didn't happen" When any dispute arises it is much easier to resolve if there is a written contract, and which ever way you cut it as soon as a person is offered work no matter what you like to call them that in itself is a contract o...
Comment | 23 Apr 2010
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Dispute resolution: further consultation launched
...ommendations in discrimination cases, so that they can make recommendations even where this might not benefit the claimant;establishing procedures for the written determination, without the need for a Tribunal hearing, of straightforward cases in a limited number of jurisdictions (such as breach of contract, redundancy pay, deductions from wages, holiday pay and the National Minimum Wage); and adding holiday pay to the list of jurisdictions normally heard by an Employment Judge sitting alone. As well as considering these specific points, the consultation looks at other changes not directly related to...
News | 7 Jul 2008
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Employment contracts: employee duty to comply with reasonable requirements
...The court of appeal has found in favour of an employer who had tried to make alternative arrangements following sick leave for an employee who claimed she had been bullied and harassed at her place of employment. The claimant was employed as a special needs teacher by the respondent council under a contract of employment which provided that employment was at a specified centre. Following a dispute with the head teacher of the centre the claimant was off sick between October 2002 and April 2003. The council commissioned a report from an independent investigator to investigate the claimant's complaints ...
Case | 22 Oct 2007
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Contract workers were not employees of company, says Court of Appeal
A supplier of temporary and contract workers has won its appeal against an earlier Employment Tribunal ruling on the employment status of the workers it supplies. A year ago the Employment Tribunal found Consistent Group, which provides hotel cleaners and food processing workers to end users on a contract staff basis, to be the empl...
Case | 30 Apr 2008
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Employment Bill 2007: proposed repeal of the statutory dispute resolution procedures
...pany or not. For example, this could cover losses such as bank overdraft fees, or interest on loans, caused by a failure by an employer to make a relevant payment. Although this type of loss is currently recoverable, for ex-employees this is only available through a County Court claim for breach of contract. The new proposals would mean that employees could recover those losses through the employment tribunals. Fast track procedure for simple monetary claims On the agreement of both parties, a new procedure will be available for simple monetary claims, such as unlawful deductions from wages. The heari...
News analysis | 11 Feb 2008
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Christian registrar demoted in same-sex ceremonies dispute
... Quie reasonably, if unable to perform increased duties required for fear of descrimination then another post has been found - reasonable solution. Nevertheless, I still don't understand the problem as a 'registry' is just that and a 'civil partnership' is not a religious 'mariage' but a legal contract ! Sooo, still not quit sure where 'faith' comes into it and discrimination does not ? There are lots of people i would rather not deal with but I am not a judge and in terms of faith prefer to leave judgement to ultimate judge God who I actually think loves sinners and has always been able t...
Comment | 10 Jul 2009
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Can employers rely on the 'without prejudice' rule when settling disputes?
...nd for the purpose of this hearing only. In March 2005 Framlington (F) offered Mr Barnetson (B) the post of Chief Operating Officer and B started work on the basis of the orally agreed terms. When B pursued written confirmation it became apparent that recollection differed over certain terms of his contract. There were discussions between the parties until the end of October 2005. F then told B that it intended to dismiss him at the end of the year and invited him to discuss terms for his departure. However, discussions broke down and on 20 December 2005 B was given notice that his employment would ...
Case | 12 Jun 2007
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I’m a contract worker let me in…
Cases involving the question of whether a person constitutes a contract worker under the various discrimination provisions are few and far between. Partnership in Care Limited v. Laing (2007) is the most recent case in which the issue of whether or not the individual was a contract worker arose. Background Partnership in Care Limited (PIC) operates a number of ...
Case | 21 May 2007
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Is it breach of contract if a job offer is withdrawn before it commences?
To my understanding to avoid any such claims under anti-discrimination legislation the employer will be better off doing the checks as follows: 1. Whether the employee has a contract of employment if s/he has then just follow the contractual termination procedure by giving employee to contribute their say before terminating their employment and give them their benefits which they are entitled on their termination. 2. But if they don’t have a contract of employment then em...
Comment | 12 Jul 2008
