Will-makers need to consider carefully whether and how to exclude adult children from their wills, including whether to write an appropriate side letter, given the risk of the court overruling their wishes and awarding ‘reasonable financial provision’ for an adult child.
Employers should not suspend employees as a first reaction to a potential disciplinary matter, and only after an appropriate initial investigation, and after the employee is given opportunity to respond to the allegations - particularly where the employee’s job is vocational, a recent ruling makes clear.
Companies will welcome guidance on when the court will refuse someone permission to inspect their register of shareholders on grounds the inspection is not for a ‘proper purpose’.
Landlords proposing to oppose a business tenant’s renewal of their lease because they intend to do substantial works on the premises, should ensure their motive for doing the work does not contradict their claim that they genuinely intend to carry out the works.
Employers should ensure their IT policies, employment contracts, and processes and procedures on the use of work computers, software and the internet, make it clear that employees can have no expectation of privacy for documents and other information they create, store, send or receive on the company’s systems or premises.
Employers should ensure non-compete clauses preventing ex-employees from being directly or indirectly 'concerned' or ‘interested in’ competitors, do not prohibit minor shareholdings in those competitors, or risk such clauses being found unenforceable.
Employers should ensure they are clear which payments to employees for voluntary work – for instance, overtime or standby payments – qualify as ‘normal remuneration’ and must be counted when calculating holiday pay, following a significant ruling in the Employment Appeal Tribunal.
Employers should ensure they seek solutions to improve poor relations at work – for example, when investigating grievances – before deciding whether to insist an employee returns to work.