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Occupied schools: parents may also be held liable for any damage caused
ServizioContenuto basato su fatti, osservati e verificati dal reporter in modo diretto o riportati da fonti verificate e attendibili.Scopri di più Case law Student protests are continuing across Italia.
Section 21 claims set to hit record high in 2025, warns Paul Shamplina
Paul Shamplina, founder of Landlord Action, reacts to the latest landlord possession figures released by the Ministry of Justice, warning that Section 21 claims will surge to their highest levels in 2025. With landlords rushing to regain possession before the ban takes effect, court delays spiralling, and local authorities under immense pressure, the rental sector is facing a crisis. "The latest possession figures from the Ministry of Justice confirm what I’ve been warning about for years.
Leasehold And Commonhold Reform - Latest Government Statements
The Government has recently provided updates on the phased implementation of the Leasehold and Freehold Reform Act 2024 (LaFRA), which represents a landmark shift in property law aimed at improving rights and protections for leaseholders. It has also enacted one of the many provisions. We explore the latest developments and upcoming reforms following recent statements by the Housing Minister, as well as their implications for leaseholders and freeholders alike. Latest statements ...
Procedural autonomy of national courts acting as EU trade mark courts-how far can the effectiveness of unitary character of EUTMs be ensured?
This analysis focuses on two recent Court of Justice of the European Union (CJEU) rulings in two cases arising from preliminary questions referred by national courts acting as European Union trade mark (EUTM) courts in Germany (Higher Regional Court in Munich) and Poland (the District Court in Warsaw), respectively.
Property Expert Answers the Most Searched Conveyancing Questions Ahead of National Conveyancing Week
Daniel Chard, Partner at UK conveyancing solicitors Bird & Co, uses search engine research to uncover the UK’s most common conveyancing queries to celebrate National Conveyancing Week. Chard’s expert commentary, answering common FAQs surrounding conveyancing, aims to educate and inform the general public in understanding the role of conveyancing in the property transaction process.
Restoring the Role of the Tribunal: Aviva v Williams
Disputes about the apportionment of residential leasehold service charges are often fraught. One leaseholder might think their current percentage is unfair but adjusting the share they pay will usually result in someone else paying more. As such, these disputes often pit leaseholder against leaseholder; neighbour against neighbour. In a recent judgment handed down by the Supreme Court the court has narrowed the scope and circumstances in which these disputes will arise.
Supreme Court Law Review, 2nd Series, Volume 107
30-day risk-free examination Secure checkout Multiple copy discounts This bilingual volume of the Supreme Court Law Review brings together a collection of articles on class actions in the Supreme Court of Canada. / Ce volume bilingue de la Revue de droit de la Cour suprême rassemble une collection d’articles sur les actions collectives présentées devant la Cour suprême du Canada.
Right to Manage - 19 reasons for leaseholders to wait for Leasehold Reform
The Right to Manage (RTM) was introduced in 2002 giving flat owners a no fault right to collectively take over the management functions in respect of their building via an RTM company. It has provided a very useful alternative to collectively acquiring the freehold as no premium is payable and the process is shorter and arguably less complex.
In the Public Eye: Privacy, Personal Information, and High Stakes Litigation in the Canadian Public Sector
30-day risk-free examination Secure checkout Multiple copy discounts This book is particularly relevant in the wake of COVID-19 restrictions and the privacy issues that arise with the collection of health data; it will be an important acquisition for public sector decision-makers, privacy experts, practitioners, in-house counsel, judges and law students alike.
High Court’s decision to sanction first SME Restructuring Plan could have significant implications for the property sector
The High Court’s recent decision to sanction a Restructuring Plan for a holiday lettings company could have significant implications for distressed small and medium-sized property businesses and their creditors in the future, say lawyers at Irwin Mitchell. Operating in eight countries and employing 300 people via independent contractors, Houst and its subsidiaries specialise in providing property management services for short-term and holiday lettings.
RTM claims - the Supreme Court overturns Gala Unity
Jeremy Weaver, Head of Litigation at Brady Solicitors RTM claims in multi-block developments are set to get easier, with a ruling by the Supreme Court that overturns the troublesome precedent set by the Gala Unity case almost a decade ago, explains Jeremy Weaver, Head of Litigation at Brady Solicitors. The appeal case of FirstPort v Settlers Court RTM was heard at the Supreme Court in November 2021, with judgment handed down on 12 January 2022.
Flagstone sources new deals for those affected by cladding crisis
Following the UK cladding crisis, independent mortgage advisors Flagstone, which operates under the Beresfords property group umbrella, has now been able to source new deals for those affected. The cladding crisis saw a widespread use of flammable cladding used on residential buildings, which after the tragic Grenfell Tower fire in 2017 led to safety concerns on an estimated 700,000 homes in the UK.
Gender-critical beliefs: Implications of EAT's Forstater decision
Shutterstock / Ronnie Chua The Employment Appeal Tribunal (EAT) has held that the belief that “biological sex is real, important, immutable and not to be conflated with gender identity” is a protected philosophical belief. Consultant editor Darren Newman explores the implications of the EAT’s decision.
High Court to probe PM’s decision not to sack Patel
The High Court will examine the PM's decision that Priti Patel did not break Whitehall rules. Photo: PA Images / Alamy Stock Photo The High Court will examine Boris Johnson’s decision that home secretary Priti Patel did not break Whitehall rules, after civil servants union the FDA challenged his decision last year to back her following widespread allegations of bullying.
Addison Lee drivers are workers, Court of Appeal confirms
Robert Evans / Alamy Stock Photo Addison Lee drivers are workers, not self-employed, and are entitled to the national minimum wage and holiday pay, the Court of Appeal has confirmed.
Court of Appeal rules foster carers can unionise
Insta_Photos / Alamy Foster carers are “workers” and have the right to unionise, according to a ruling today by the Court of Appeal. The Independent Workers’ Union of Great Britain (IWGB) is now calling on Parliament and the Supreme Court to intervene and update legislation in line with the judgment as it fell short of guaranteeing basic conditions for foster care workers and is limited to the right to unionise.
Supermarkets face landmark equal pay judgment
Islandstock / Alamy Stock Photo Major retailers facing equal pay claims from shop floor workers are awaiting the Supreme Court’s ruling on whether warehouse staff can be used as comparators for equal pay purposes in the Asda Stores v Brierly case, due to be handed down on Friday. Meanwhile, Sainsbury’s could be ordered to pay almost half a million pounds in costs after it accused store staff of providing incorrect job titles to an employment tribunal when they brought an equal pay claim.
Care workers who 'sleep-in' not entitled to national minimum wage
Shutterstock Care workers who sleep at service users’ homes are not entitled to the national minimum wage for the hours they are not carrying out work activities, the Supreme Court has ruled – a landmark decision that is set to have ramifications for jobs where workers are required to sleep at their place of work. The Supreme Court has handed down its judgment in two cases it looked at side-by-side: Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad.
Former Pimlico Plumbers worker not entitled to holiday pay
Gary Smith leaving the Supreme Court in 2018 PA Images / Alamy Stock Photo An engineer who claimed he was owed holiday pay by Pimlico Plumbers, after the Supreme Court ruled that he was a worker and not self-employed, has been unsuccessful in his latest claim for backdated payments. The Employment Appeal Tribunal has upheld the Croydon employment tribunal’s 2019 ruling that Gary Smith had not filed his claim for backdated holiday pay quickly enough.
Banker seeking 'stigma losses' after tribunal impact
Newscast Online Limited / Alamy Stock Photo A woman who won a sex discrimination case against French bank BNP Paribas is now seeking almost £3.4m in ‘stigma losses’, claiming the case has taken away her career. Stacey Macken took the bank to tribunal in 2019, claiming she was paid significantly less than her male counterpart with the same job title.
Ireland appeal court judgment restricts use of injunctions in dismissals
Ireland's Four Courts building in Dublin, where the Court of Appeal is situated Shutterstock The Irish Court of Appeal has handed down a landmark judgment that will reduce the ability for employees to seek an injunction that prevents an organisation from dismissing them.
Christian actress loses legal case after anti-LGBT comments
Seyi Omooba (left) in a production of the Little Shop of Horrors in 2018. Photo: Alastair Muir/Shutterstock An actress who was stripped of a role following the discovery of anti-gay comments on Facebook has lost a tribunal claim for religious discrimination. Seyi Omooba was given the lead role of Celie – who has a lesbian relationship – in the musical The Color Purple, a co-production of Alice Walker’s classic novel at Leicester Curve and Birmingham Hippodrome, in March 2019.
Cladding: Where we are Now?
Robert Jenrick’s much anticipated announcement on 10 February 2021, which explained how the Government is to respond to the cladding crisis within the construction industry, largely disappointed rather than reassured leaseholders, building owners and the construction industry at large.
Employment lawyers: 'tribunals effective and judges top of their game'
Video: Daniel Barnett / YouTube Solicitors and barristers have said the suggestion by The Times newspaper that some employment judges are inexperienced is ‘idiotic’ and have sought to assure tribunal users that the system is an effective way of resolving employment disputes.
Deliveroo collective bargaining case reaches Court of Appeal
nrqemi / Shutterstock.com A bid to establish collective bargaining rights among Deliveroo workers is to be heard at the Court of Appeal this week. The Independent Workers’ Union of Great Britain (IWGB) is appealing against the decision of the Central Arbitration Committee – upheld by the High Court in 2018 – that Deliveroo riders cannot form a collective bargaining unit because they are self-employed.
Equal pay: Tesco ordered to disclose warehouse staff pay information
Shutterstock Tesco has been ordered by the Employment Appeal Tribunal to disclose information it holds about how much its warehouse staff are paid – evidence which could be key to the equal pay case being brought against the retailer by shop floor workers.
‘Best fit’ hire lands NHS trust with ageism pay-out
TK Kurikawa/Shutterstock A 50-year-old man has been awarded £7,600 for age and sex discrimination from Guy’s & St Thomas’ NHS Foundation Trust after informal feedback from a young, mainly female team influenced a hiring decision. Mr McClements applied for a project manager role at the trust and was one of five applicants invited to interview. As part of the process he was invited to give a presentation on how he would support the team’s objectives.
A matter to watch..
Phil Parkinson and Katie Edwards, building safety experts at specialist property solicitors JB Leitch, provide insight and comment on the ongoing drive to remediate unsafe cladding and the implications surrounding government support and industry measures on waking watches. It has been nearly four years since the tragedy at Grenfell Tower, and despite the disruption of Covid-19 over the last year, the focus on resolving the cladding crisis has maintained momentum.
Banker who never returned from three-year sabbatical wins unfair dismissal case
Pic: SOPA Images/SIPA USA/PA Images A banker working for Societe Generale was unfairly dismissed after he failed to return after a three-year sabbatical. The employee, referred to as Mr X in the French court ruling, was awarded €92,500 in compensation after a judge ruled the bank had been wrong to fire him. According to reports of proceedings, he received an email in 2016 from SocGen’s HR team asking him to return to work three days later.
Female executive wins £64,000 after being ‘frozen out’ by all-male board
Sue Coulson said the company was a "macho boys' club" (pic posed by models) Shutterstock A female executive has won a £64,000 pay-out after she was dismissed by a housing company, with the judge declaring that ageism is worse for women than men. Sue Coulson, aged 59, made a claim for unfair dismissal and sex discrimination against RentPlus. She argued that she had been gradually “frozen out” after the company appointed a new chief executive in 2017.
Gig economy: Just East offers couriers better terms
Steven Paston/Empics Entertainment Food delivery company Just Eat has announced it will offer couriers pay by the hour rather than by per job in a boost to gig economy workers. It said the move will mean its workers will earn at least the national minimum wage, increasing the security of their income. Starting in London but with the rest of the UK to follow next year, Just Eat will also pay pension contributions, holiday pay, sick pay and maternity or paternity pay.
Stuart couriers seek worker status ruling
Shutterstock A group of couriers for delivery firm Stuart have launched legal action against the company in a bid to be recognised as ‘workers’ and win the rights that come with that employment status. Law firm Leigh Day, which is representing the claimants, suggested that “thousands” could be eligible to sign up to the claim. If they win, they could be entitled to back pay for unpaid holiday and the national minimum wage.
Government sets date for changes to DBS checks
Ascannio / Shutterstock.com Youth warnings, reprimands and cautions will no longer be automatically disclosed to employers who require Disclosure and Barring Service (DBS) certificates from 28 November. The changes, which come as a result of a Supreme Court judgment that found some elements of the existing filtering rules for Standard and Enhanced DBS checks were disproportionate, are intended to make it easier for people with certain convictions to find employment.
Workers’ right to picket continues under lockdown
Shutterstock Workers taking lawful industrial action continue to have the right to picket their workplace during Covid-19 lockdown restrictions, following a legal challenge by trade union Unite. A judicial review was due to be heard at the High Court on Friday (13 November) against the Chief Constable of North Yorkshire Police and the Secretary of State for Health and Social Care, but Unite has said the government “conceded that the right to picket should be upheld”.
DBS checks: How rehabilitation periods are changing
Jessica Maguire examines a recent white paper and outlines how the government is proposing to change rehabilitation periods and when a conviction becomes “spent”. In September 2020, the government proposed numerous amendments to “rehabilitation periods”, which determine when convictions should be disclosed for employment purposes on standard Disclosure and Barring Service (DBS) certificates. This comes hot on the heels of proposals in July in relation to the disclosure of cautions.
Communication and customer service
Clive Winton, Senior Property Manager within the Crabtree brand talks about why he’s been so successful with client retention over the last 10 years – and it comes down to solid communication skills. Here are his words of wisdom. Property Management primarily focuses on communication and understanding with both the Client Directors, Lessees, and Residents at site. There are different methods of carrying this out, with the most common being via email. ...
Christian loses discrimination claim in LGBT teaching case
Kristie Higgs says she will appeal. Photo: Rod Minchin/PA Wire/PA Images A Christian school assistant who took her former employer to tribunal over claims she was sacked because of her religious beliefs has lost her case. Kristie Higgs was dismissed for gross misconduct by Farmor’s School in Fairford, Gloucestershire, after sharing Facebook posts that criticised the introduction of teaching about LGBT relationships in primary schools.
Uber wins London safety case as employment status verdict nears
James Gourley/REX/Shutterstock As it awaits judgment from the UK supreme court over the employment status of its drivers, Uber has won the right to continue operating in London. Transport for London (TfL), in September 2017 refused to renew Uber’s licence over passenger safety fears. The ride-hailing firm, however, then won a series of appeals to allow it to keep operating. TfL again decided not to renew its licence in November.
Care staff paid below minimum wage awarded £100k
Shutterstock Three care companies with workers who were contracted by a North London council breached minimum wage rules by failing to pay staff for the time they spent travelling between service users’ homes, an employment tribunal has found. The case against the organisations – Kaamil Education, Diligent Care Services, and Premier Carewaiting – should serve as a warning for employers in the sector and prompt the government to end the practice of denying wages for travel time, a union has said.
Foster carers are council employees, finds EAT
Glasgow City Chambers, where Glasgow City Council is located Shutterstock Two foster carers have successfully argued that they should have full employment rights in a case that a union says could set a major precedent for the sector. A “landmark” employment tribunal ruling in 2017 found that foster carers Jimmy and Christine Johnstone were employees of Glasgow City Council.
Uber and Lyft may halt services in California
Photo: Shutterstock Uber and Lyft are on the verge of temporarily closing down their taxi services in California. The dramatic move, which could be enacted this week, hinges on whether a state judge allows them an appeal or more time to reclassify their drivers from contractors to employees, as has been required by law since the passing of Assembly Bill 5 (AB 5) January.
CitySprint loses third worker status case
Olaf Kruger / imageBROKER/REX/Shutterstock The IWGB is calling on government to better enforce employment status laws after the union took CitySprint to tribunal three times for denying workers basic protections. The Independent Workers’ Union of Great Britain (IWGB) claimed victory over CitySprint after arguing that five couriers were misclassified as independent contractors, rather than workers and are consequently entitled to holiday pay.
Building Safety Act and the big headache
Since receiving Royal Assent on 28 April 2022, the Building Safety Act 2022 has caused many a head to be scratched. Whilst not fully enforceable until October 2024, there are four provisions in Schedule 8 that have created some of the biggest headaches so far, that all concern service charges. Paragraph 2 (2) No service charge is payable under the lease in respect of a relevant measure relating to a relevant defect if a relevant landlord— ...
It's as simple as ABC
Nearly six years from Grenfell, the landscape has certainly started to change. The Government has introduced new statute, made amendments to existing statute, launched funds, brought responsible parties to the table and signed up nearly fifty of the largest developers to put right the wrongs of the past.
Ensuring Building Safety Compliance: How to make this a reality
With the next deadline for the UK’s new building safety regulations looming, owners and operators of high-rise residential buildings face mounting pressure. Daniel Foryszewski, Director of Investor Solutions at MRI Software, explores how embracing technology can streamline compliance efforts and unlock broader benefits. As the 1 April 2024 deadline for the next phase of the UK’s building safety regulations draws near, owners and operators of high-rise residential properties cannot afford to delay.
Asda equal pay case comes before Supreme Court
Shutterstock The long-running equal pay dispute between Asda and its shop-floor staff is to be considered by the Supreme Court this week. Some 38,000 Asda shop floor workers, most of whom are women, claim they should be paid the same wages as distribution centre staff, who are mostly men and receive a higher hourly rate. The Supreme Court will consider whether consider whether the shop floor staff are entitled to compare their wages to those of distribution staff for equal pay purposes.
Royal Mail loses appeal against agency worker decision
loocmill / Shutterstock.com Royal Mail Group and Angard Staffing Solutions, a Royal Mail subsidiary that supplies workers to the mail carrier exclusively, have lost their appeal against the decision that a group of workers could be defined as agency workers and are entitled to the same employment rights as Royal Mail employees.
Senior female executive who refused to socialise with male team loses sex discrimination claim
The claimant said she was marginalised because she didn't socialise with her male colleagues or like football Stock pic/Shutterstock A woman has lost her sex discrimination claim against her employer after fellow workers claimed she was “dictatorial” and lacked respect for her senior colleagues.
French worker awarded €40,000 because his job was boring
Shutterstock An employee of a luxury perfumes manufacturer has been awarded €40,000 in compensation by a French court after it was found to have inflicted extreme boredom on him, which amounted to harassment. Frédéric Desnard had so little to do at his job at Interparfums – which manufacturers Jimmy Choo and Karl Lagerfeld perfumes, among other designer brands – that he suffered from “bore-out”, which caused his health to deteriorate.
California sues Uber and Lyft over driver benefits
California state attorney general Xavier Becerra said Uber and Lyft owe their drivers benefits and protections. Photo: Chris Allan/Shutterstock The state of California is suing the ride-hailing technology companies Uber and Lyft for failing to provide benefits and protections for their drivers including the minimum wage, overtime premium pay, paid sick leave and paid family leave.
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