Food Deals Round-up - October 2009
Introduced by Simon Peacock, Catalyst Corporate Finance.
Freeth Cartwright LLP
Employment Review - September 2009
We consider the very recent decision of the High Court in the Heyday case, being the challenge to the legitimacy of the default retirement age of 65.
We look at the decision of the Rolls-Royce case in the Court of Appeal on the lawfulness of using length of service in a redundancy selection matrix and also an important decision on the application of Regulation 4(9) of TUPE 2006 which allows employees to claim that they have been dismissed where they resign in the face of a substantial change to their working conditions to their material detriment on a TUPE transfer.
Finally, we refer to a couple of recent decisions on an employee’s entitlement to legal representation at internal disciplinary hearings.
David Potter
Companies Act: Focus on admin - August 2009
As the 1 October looms nearer, the practical implications of the changes in the legislation,
particularly where they impact on company administration, are becoming clearer. This bulletin looks at some of the things that the company secretary or other person entrusted with administrative duties will need to do.
Franchise Bulletin - Autumn 2009
How hardcore are your franchise contracts?
There are changes afoot to the laws that govern what franchisors can put into their contracts with franchisees.
The European Commission is currently consulting on revisions to its laws on vertical restraints in contracts and any comments are required to be submitted by 28 September 2009. From 1 June 2010 these changes will come into effect and franchise contracts that fail to comply with these changes will not be enforceable. This bulletin flags the key areas that affect franchising. If you have strong views about the changes that are proposed let us know and we would be happy to put those comments forward for you.
Fiona Boswell
0845 070 3812
fiona.boswell@freethcartwright.co.uk
Companies Act 2006: Do my articles need updating? - August 2009
Does my company need to update its articles?
This bulletin focuses on how changes introduced by the Companies Act 2006 (”the 2006 Act”) impact on the articles of association of a company which was formed before 1 October 2009 (”an Existing Company”) and why such a company might wish to review and amend its articles. Caroline Williams
Employment Review - July 2009
In this month’s review we consider the final outcome of a long running case regarding sick leave and holiday pay. This case has implications for all employers when dealing with long terms sick leave. Practical advice is given below.
We also consider a decision affecting the risk assessment of equal pay claims, a case which has implications for employers regarding who is classed as disabled under the DDA, a notable cases relating to unfair dismissal, and a case which reinforces the obligation on employers to properly address any complaint based on discrimination and harassment..
In addition, we provide details of the government’s decision to bring forward a review of the default retirement age and a consultation on the public sector duties in the proposed Equality Bill..
Companies Act 2006, What’s coming up - July 2009
The Companies Act 2006 (CA06) has been implemented over a number of dates starting from when it received Royal Assent on 8 November 2006. The final tranche of the Act comes into force on 1 October 2009, when some of the most significant changes will take place, including changes relating to a company’s constitution, formation, and share capital. The Act will also introduce new provisions relating to company books, and protection for directors’ residential addresses. This bulletin aims to cover some of the main changes and the actions you should consider taking.
Employment Review - May/June
It is well established law that in order for an employee to be entitled to resign their employment and claim constructive dismissal the employer must have committed a ‘repudiatory’ breach of contract. However, the circumstances as to what might constitute a repudiatory breach of contract have always been more complex. A repudiatory breach of contract does not necessarily have to be one isolated incident and can be a series of incidents over time.The government’s policy of aiming, insofar as possible, to introduce new employment legislation only twice yearly means that we have not seen a wealth of new legislation in May but this is more than made up for by the copious amount of case law.
The Employment Appeal Tribunal (the EAT) has been considering whether belief in climate change can be a philosophical belief; what evidence is required in applying for an extension of time in the ironically entitled Accurist Watches v Wadher case; in North Tyneside Primary Care Trust v Ms Aynsley we hear the refreshingly frank and honest comments by the President of the EAT about certain parts of the, thankfully, outgoing Employment Tribunal rules of procedure; there are two interesting constructive dismissal cases, a lesson in lying (or should we say not lying) at Tribunal and we look at the government’s announcement providing details of its new ‘fit note’ to replace the old sick note.
Whilst many of the cases featured in this month’s review are at EAT level, we also report on the important Rolls Royce case in the Court of Appeal addressing whether the use of length of service as a criterion in redundancy selection is unlawful age discrimination.