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Insights

The latest company news, legal developments and industry updates.
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A summary of three recent discrimination law decisions along with commentary about what each case may mean for employers and employees alike.

rswlaw

Published 16 August 2021

Latest articles

All articles

17 articles
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Real Estate

Buying the assets of an insolvent business from an administrator or liquidator may appear to offer a cost-effective way of acquiring a business. However, there are a number of issues that you should consider carefully before taking the plunge. Unlike a normal commercial purchase, when a business is insolvent, you will not receive any assurances […]

rswlaw
Published 13 January 2021
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Employment

Can, and if so, to what extent, employers monitor employees working from home?

rswlaw
Published 10 June 2021
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Employment

A quick review of employment status and what gives someone “worker” status

rswlaw
Published 16 July 2021
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Employment

A look at two recent rulings about whether standby periods count as working time.

rswlaw
Published 10 April 2021
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Employment

Safety in workplace extended to workers

rswlaw
Published 10 April 2021
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Corporate & Commercial law

How to prepare for IR35 and the consequences of failing to do so

Nighat Sahi
Published 10 March 2021
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Employment

Can you, as an employer, insist all your employees are vaccinated before they can return to work?

rswlaw
Published 10 March 2021
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Corporate & Commercial law

When unforeseen circumstances make it difficult or impossible for a business to fulfil its obligations under a contract, is there any way to avoid liability? We take a look at the two possible options, force majeure and frustration. With the widespread disruption caused by the pandemic, many businesses have found that, through no fault of […]

Andrew Robins
Published 12 April 2021
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Real Estate

First-time buyers with small deposits will be able to take advantage of the new Help to Buy: Equity Loan scheme from April 2021. Those buying new homes from builders registered with the scheme will be able to borrow between 5 and 20 per cent (or 40 per cent in London) of the full purchase price […]

Jonathan Woodroffe
Published 7 April 2021
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Insolvency & Restructuring

With tech now more vital than ever for most businesses, the failure of an IT service provider can be catastrophic. As businesses suffer from the knock-on effects of the pandemic and insolvencies look set to increase, it is important for businesses to protect themselves as far as possible in their commercial relationships. Protection for both […]

Tanya Seevaratnam
Published 9 March 2021
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Real Estate

Housing Secretary Robert Jenrick has announced that leaseholders in England will be offered the chance to extend their lease by up to 990 years, with no ground rent payable. The reform will be welcomed by an estimated four and a half million people, some of whom are currently struggling with excessive ground rent payments. The […]

Andrew Robins
Published 2 March 2021
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Real Estate

Bath Rugby Club has been told by the High Court that a restrictive covenant preventing development must be observed, even though it is not obvious exactly which land benefits. The case, Bath Rugby Ltd v Greenwood & Ors (pre-1926 restrictive covenants affecting land) [2020] EWCH 2662 (Ch), involved the proposed development of a new 18,000-seater stadium […]

Andrew Robins
Published 22 February 2021
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Insolvency & Restructuring

In the summer of 2020, the government pushed through a new bill to relieve the burden on businesses during the coronavirus pandemic. The Corporate Insolvency and Governance Act 2020 (the Act) contains both temporary and permanent measures designed to help businesses survive difficulties. The permanent reforms are as follows: A moratorium from creditor action to […]

Tanya Seevaratnam
Published 17 February 2021
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Employment

An Employment Appeal Tribunal case has examined what constitutes acceptance of a repudiatory breach of an employment contract in an unfair dismissal case. When a breach of contract is so serious that it is held that the contract has been terminated, this is referred to as a repudiatory breach. It is normally the case that […]

Nighat Sahi
Published 15 February 2021
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Employment

A recent employment law case has examined the time limit for bringing a whistleblowing detriment claim as well as imposing a penalty for failure to adhere to the Acas Code of Practice on Disciplinary and Grievance Procedures (‘the Acas Code’). Whistleblowing occurs when an employee reports wrongdoing by their employer that is in the public […]

Nighat Sahi
Published 8 February 2021
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Real Estate

A recent case has highlighted the importance of ensuring that any third party interests in land are entered into the Land Register.  The case of Ghai, Ghai and Somal v Maymask (228) Ltd [2020] UKUT 293 (LC) found that even if receivers have been appointed, the sale of a property to a third party could be registered, […]

Andrew Robins
Published 1 February 2021
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Insolvency & Restructuring

A recent High Court judgment has found that notifying third parties outside of England and Wales about the existence of a worldwide freezing order is not an abuse of process. Freezing orders are intended to stop a defendant from dealing with or disposing of assets in order to put them beyond the reach of any […]

Tanya Seevaratnam
Published 27 January 2021