Owners and occupiers of property should ensure they are clear whether their arrangements with each other amount to a lease or a licence, irrespective of the label, as their rights and obligations under each are very different, as a recent ruling makes clear.
An employee who claimed his dismissal was because he opposed political correctness (PC) which caused him to fall out with his more PC colleagues, could not claim that his view was a ‘belief’ under discrimination laws meaning his dismissal was discriminatory, an Employment Tribunal has ruled.
Parties to contracts should keep contemporaneous records of any performance failures by themselves or the other side - and consider including formal procedures for raising and dealing with alleged performance failures in their contracts - or risk losing a future legal action, the court has made clear.
UK employers who do not already do so may need to start recording each worker’s actual daily hours to ensure they are complying with the EU Directive on working time, following an opinion from the Advocate General of the European Court.
Parties negotiating contracts should ensure they both agree how to recognise when negotiations are complete and a final agreement reached, or risk a future dispute as to whether a legally binding contract was in fact concluded – as a recent ruling demonstrates.
Landlords should monitor activities on their premises and if they suspect or know illegal activity is taking place, take steps to stop it – particularly if notified of it by their local authority – otherwise they could face a criminal conviction.