Parties wishing to expressly vary existing agreements should consider whether their express variations vary other terms of the agreement by implication, taking into account recent Court of Appeal guidance.
Individuals employed by a limited company whose shares are acquired by new owners, remain employed by that company despite the change of ownership, so the TUPE rules do not apply, according to a recent ruling.
Employers may dismiss employees for capability, without offering to redeploy them in another role, if they honestly believe the employee falls short of the basic standards required of all their employees, to the extent it can be inferred that they would be incapable of undertaking any other role in the organisation.
Parties to litigation who are funded by third parties should ensure their third-party funders have agreed to be responsible for the other party's legal costs if they lose, a recent case makes clear.
Parties in a dispute over the meaning of their limited company's articles of association will welcome clarification that the same principles of interpretation apply as to commercial contracts, according to a recent ruling.
Employers should ask employees who refuse offers of alternative employment on redundancy why they have done so before withholding statutory redundancy pay, or unlawfully withholding that pay unlawfully if the employee's refusal is reasonable on grounds of, for instance, ill-health.
Employers should ensure that the contracts of employees on annual salaries, who do not work fixed hours, specify what daily rate of pay applies for various purposes, such as calculating deductions for days on strike, otherwise the law will impose a daily rate which the employer may disagree with.
A spouse divorcing after a short marriage, with no children and who made no contribution to the marriage either as breadwinner or homemaker, may not be entitled to the usual 50/50 split of assets generated during the marriage, a recent ruling makes clear.
Employers whose employees resign should be wary of relying on answers to questions about their lawful future plans as, dependent on their seniority, they may not be under an obligation to tell the truth, according to a recent ruling.
Employers should ensure they have identified who are 'workers', and that they give them 'adequate facilities' to request paid holiday, or risk having to pay arrears for untaken holiday – even if the worker has not requested holiday – when the worker's engagement ends.