Employers may suspend employees as a first response to a potential disciplinary matter without it being a breach of the implied term of trust and confidence between them, provided there is reasonable and proper cause, the Court of Appeal has ruled.
Will-makers with financial responsibility for a partner should note that a wish to prevent their partner's children from previous relationships inheriting when the partner dies may not be an adequate reason for cutting the partner out of their will, a recent ruling illustrates.
Employers can legally provide 'special case' workers - whose jobs may prevent them taking a continuous 20-minute break for every six hours worked as required under working time laws - with frequent, shorter breaks, the Court of Appeal has confirmed.
Employers with, or considering including bad leaver provisions in their articles or a share purchase agreement should consider whether they could amount to an unenforceable penalty, or be unconscionable or an unlawful deduction from wages.
Dissenting directors in a boardroom dispute should not 'go public' with the dispute or with confidential company information, and confine these to debate and discussion within the boardroom - or risk breaching their statutory duty to exercise independence in their role, a ruling makes clear.
Employers trying to justify an apparently discriminatory provision, criteria or practice can do so by justifying it in general - balancing its impact against employees sharing a protected characteristic that affects when they can work - and not its impact on the particular employee complaining about it.
Employers entitled to access an employee's personal internet accounts on a company phone or other device should avoid changing the security details on those accounts as this may breach their duty of care towards the employee, a ruling makes clear.
Family members and dependents seeking to claim 'reasonable financial provision' from a deceased's estate must file their claim with the court within the statutory six-month time limit, and should not rely on a 'standstill' agreement to justify their delay, a recent case makes clear.
Employers must ensure their recruitment policies do not systemically favour job candidates with protected characteristics, such as a particular gender, sexual orientation, race or disability. However, they can operate a 'positive action plan' provided the relevant candidates are genuinely as well qualified as other candidates to do the job - or risk a discrimination claim.
Landlords with unlet, unoccupied commercial properties will welcome a Court of Appeal ruling that a scheme allowing them to avoid paying business rates on them is valid and lawful.