Knowing when an employee’s employment ends may seem like an easy question to answer; however, in some cases the answer is not so clear cut. We report on a recent case where termination was communicated through the employee’s solicitor – was this communication sufficient to end employment?
Constructive dismissal - An employer’s repudiatory breach has only a ‘part’ to play
Under the Employment Rights Act 1996 a qualifying employee may bring a claim for unfair dismissal where it terminates the relationship in response to the employer’s actions, rather than being dismissed. This is known as “constructive unfair dismissal”...
When is suitable alternative employment 'suitable'?
Whether an employee reasonably or unreasonably refuses an offer of suitable alternative employment is an important one as it could affect their entitlement to redundancy pay. We look at a recent Court of Appeal decision concerning an employee’s reasonableness in turning down what appeared to be a reasonable offer...
A common dilemma for creditors is whether to pursue court proceedings or insolvency proceedings when endeavouring to collect an unpaid debt. In difficult economic times it is important to ensure that effective debt recovery is a priority for all businesses. In this article we set out some of the advantages of pursuing your debtors by way of insolvency proceedings rather than court proceedings.
The recent case of Lorraine Feltham –v- Freer Bouskell (2013) serves as a warning when preparing a will get instructions promptly and to satisfy any concerns about undue influence or mental capacity quickly.
Invalid will - testamentary capacity, knowledge and approval
The recent Court of Appeal decision in Hawes v Burgess (2013) is an interesting decision in that it shows that, even where the court may not be satisfied that the testatrix lacked testamentary capacity, it may nonetheless be willing to find that she lacked sufficient knowledge and approval of the contents of the will, something which many might regard as an unusual conclusion.
A recent case shows that great care needs to be taken by the legal representatives of both parties when advising their clients as to realistic settlement figures and the risks involved in fighting the action to trial.