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Restrictive covenants what happens if they are unenforceable?

Employers often use restrictive covenants in employment contracts to ensure that their business is protected from the issues caused by an employee leaving to join a competitor. In the recent case of Tillman v Egon...
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Claiming for bile duct injury after cholecystectomy

Common complications of surgical procedures are often described as recognised risks but that doesn’t necessarily mean that the injured patient is not entitled to compensation for the injury. One such surgical complication is bile duct...
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Share option schemes: solution to motivation, retention and growth in a competitive sector?

Our Corporate Transactions team are seeing an increasing number of transactions that involve the exercise of employee share options prior to the sale of a company, particularly in the tech sector. HMRC reported that a...
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A timely reminder to be aware of the signs and symptoms of meningitis

When meningitis strikes, it often does so without warning followed by swift and devastating deterioration. Parents and healthcare practitioners must be alert to the danger signs and ready to act quickly to avoid tragic consequences....
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Zero hour contract workers could be compensated for cancelled shifts

The Taylor Review (2017) found that the strength of the UKs labour market is built on flexibility with many benefits for both workers and businesses. In particular zero hours contracts held many benefits for workers...
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Guest safety and hotelier responsibility: Understanding liability when guests get hurt

Does a hotel owe a duty of care to guests to take reasonable care to protect them against injury caused by the criminal acts of third parties? Yes said the High Court in the recent...
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Does covertly recording a meeting count as misconduct?

In the recent case of Phoenix House v Tatiana Stockman, the Employment Appeal Tribunal was asked to decide whether an employee covertly recording a meeting can be classed as misconduct? Brief facts of the case...
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Delayed diagnosis of cancer – Can I make a claim?

According to cancer charity, Cancer Research, every two minutes someone in the UK is diagnosed with cancer. The NHS deals with over 350,000 new cases of cancer each year. Around a third of those are...
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Introducing Kim Milan, head of the Personal Injury team

Kim Milan leads Boyes Turner’s highly regarded personal injury team. A specialist in catastrophic injury cases, Kim acts for clients with acquired brain damage, spinal injuries and serious orthopaedic injuries. We pulled Kim away from...
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Does your business have a whistleblowing policy?

A 2019 whitepaper has revealed that 35% of UK businesses surveyed online have no system in place for whistleblowing. The report by EQS gathered online feedback from 1400 companies in Germany, France, Switzerland and Great...
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Where to go on holiday with a disabled child?

Children love the school holidays but as all parents know, holidays need planning, particularly when the family includes a disabled child. So, with summer almost here, here are a few ‘staycation’ holiday opportunities for disabled...
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Can I claim surrogacy costs after negligent cervical cancer?

Delays in diagnosis and treatment of cervical cancer can be fatal or can result in the need for radical treatment with ongoing side-effects such as pain, premature menopause, impaired bowel and urinary function, painful sexual...
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Inquests into stillbirths

According to Tommy’s, the largest charity which funds research into the causes of miscarriage, stillbirth and premature birth, there are, sadly, nine stillbirths every day in the UK. That adds up to too many families...
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Payment for services without a contract: key principles of Quantum Meruit

The High Court has clarified the position regarding quantum meruit claims in the recent case of Moorgate Capital v H.I.G. European Capital Partners LLP [2019] EWHC 1421 (Comm). In the absence of a contract there...
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Brain injury acquired in childhood: when the signs of damage emerge years later

Nicola Anderson, associate – solicitor with Boyes Turner’s specialist medical negligence team discusses what happens when the signs of a childhood brain injury affect adulthood. What is acquired brain injury or ABI? Brain injury occurring...
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What must employers consider if an employee claims to have a disability for the first time at a dismissal appeal meeting?

The case of Baldeh v. Churches Housing Association of Dudley and District Ltd provides useful guidance on how to deal with new allegations of a disability which are only raised at the appeal meeting and...
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