Sophie Robertson
The Employment Relations (Flexible Working) Bill received its Royal Assent on 20 July 2023.
Under this legislation, employees will gain the right to make two flexible working requests in any 12-month period. This is a change from the current position, which limits flexible working requests to one in a 12-month period.
Continue ReadingWith the new Consumer Duty coming into force it was something of a surprise to many (including us) that the FCA’s revised rules appeared to in effect extend beyond the usual definition of a “retail customer” as “an individual who is acting for purposes which are outside his trade, business or profession,” so that for the Consumer Duty regulation by the FCA will also now extend to any customer in a regulated activity, in other words encompassing sole traders and partnerships of 2 or 3 who are business customers in a CCA regulated agreement.
Continue ReadingIn the recent High Court case of Praetura Asset Finance Ltd v S Line Rentals [2023] EWHC 889 (Comm) the court considered the nature and extent of a Lessor’s common law obligation to mitigate its loss when claiming in relation to a repossessed asset.
Continue ReadingLease Agreements will normally always contain express provisions for Lessors to recover costs incurred against the Lessee in a wide variety of circumstances, and a recent case in the Commercial Court gave rise to a novel argument by a Lessor seeking to invoke the right to claim costs under a contractual provision in a situation where the court had exercised its discretion to disallow some of the costs it had incurred and to award some of the Lessee’s costs against it.
Continue ReadingA recent case in the Commercial Court has provided a welcome and rare illustration of a court ruling in favour of the reasonableness of a Lessor’s exclusion clause in a Hire Purchase Agreement.
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ParalegalRachael joined Bermans in October 2014 and is a Paralegal in our Property team in Liverpool.
Rachael is experienced in residential conveyancing and ensures her clients receive a smooth and hassle free experience when purchasing or selling a property.
Outside of work, Rachael enjoys going to the gym, visiting art galleries and going to gigs, as well as working her way round Liverpool’s bars and restaurants with family and friends!
E: rachael.murphy@bermans.co.uk
T: 0151 224 0503
In the recent case of Greasley-Adams v Royal Mail Group Limited the claimant attempted to argue that he had suffered harassment by reason of conduct which he was not aware of at the time it occurred. He only became aware of the conduct when it was revealed as part of a bullying & harassment investigation against him.
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In the recent case of Higgs v Farmor’s School the claimant was dismissed from her role as a pastoral administrator after putting posts on Facebook which criticised aspects of relationship education in primary schools which she saw as contrary to Biblical teaching. She was dismissed by the respondent on the basis that someone reading the posts might consider that she held homophobic and transphobic views. She claimed direct religion or belief discrimination and harassment. Her claim was unsuccessful in the employment tribunal but her appeal to the Employment Appeal Tribunal was allowed. The EAT, in finding that the tribunal had incorrectly applied the test for direct religion or belief discrimination, set out some helpful guidance on the approach to be taken in such cases:
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The government has announced in a written statement to parliament that it is abandoning the sunset clause in the Retained EU Law (Revocation and Reform) Bill.
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Under new laws which have recently received Royal Assent, parents will receive additional support in relation to neonatal care and additional workplace protection from redundancy during pregnancy and family leave.
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