The Employment Appeal Tribunal (EAT) has held, in Radecki v Kirklees Metropolitan Borough Council, that removing an employee from payroll while he was suspended and negotiating a compromise agreement did not terminate the employment relationship. The date of a subsequent letter, clearly stating the employment relationship had ended, was in fact the effective date of termination (EDT).
In Tradition Securities and Futures SA v X and anor the Employment Appeal Tribunal has held that a tribunal only had jurisdiction in relation to the sex discrimination X allegedly suffered in London, and not the discrimination she alleged to have previously suffered while working in Paris. An argument that it should be treated as a continuing act was rejected.
You do not need to be an owner of land to make an Application for Planning Permission. A Local Planning Authority is not required to publicise all Planning Applications but is now obligated to do its best to make sure that owners know of them.
Tips distributed through a ‘tronc’ system do not count towards minimum wage:
The European Commission has led the requirement for certification of energy performance for buildings. After 6 April 2008, in the UK Landlords or developers wishing to sell or let offices of a size in excess of 10,000m² are required to publish certificates indicating the building’s energy efficiency.
The High Court has recently granted a permanent injunction to prevent owners building on rear gardens despite earlier “infill” development on an estate. In this case, the key finding was that a so-called building scheme existed under a Deed of 1890. Under this restrictive covenants are mutually enforceable by all owners within the scheme. There is no need to call upon the original imposer of the covenants in order to enforce them. The covenants are enforceable regardless of when they were entered into
In the case of Watson v Croft Promo-Sport Limited, the High Court awarded damages to local residents rather than an injunction in respect of a nuisance caused by periods of intense noise generated by a local motor racing circuit some 300 meters from the nearest houses.
Pity the poor pub landlord. Beset with considerable drops in income, increases in taxation, the significantly reduced consumption of beer and news that many more villages are now “dry”, as pub closures mount, the ban on smoking is largely regarded as salt poured into a wound.
An intra-group transfer of assets at less than market value will be a distribution in kind, and therefore subject to the statutory rules on distribution.
The Court of Appeal, in Dynamex Friction Ltd and anor v Amicus and ors 2008 has held that an employment tribunal correctly concluded that dismissals effected by an administrator were not transfer-related where there was no collusion between the administrator and the director of the insolvent company who eventually purchased its assets and business.
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