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A B C D E F G H I J K L M N O P R S T V W Y

Blogs

Stotts Tours, are the first UK employer to face prosecution for non-compliance with the auto-enrolment legislation.

The Pensions Regulator, the regulator of work-place pension schemes in the UK, decided to bring charges against Stotts and its managing director after they admitted to deliberately avoiding setting up a work-place pension for 36 of its workers eligible under the auto-enrolment scheme. 

The principle of the Equality Act 2010, is that men and women should get equal pay for equal work.  Therefore employees (including apprentices and those working from home) are eligible to claim, whether they work full time, part time, casual or on temporary contracts, regardless of their length of service.

Usually we can expect fees to rise but The Ministry of Justice have recently announced that the OPG fee refund scheme has now been launched.

Background

Many people make LPA's to ensure that their affairs, both in respect of financial matters and their personal welfare, can be effectively managed on their behalf in the event that they become incapacitated.

A recent High Court decision has highlighted the need for contracting authorities and utilities to ensure that their tender documentation is as clear as can be.

In the case of MLS (Overseas) Ltd v The Secretary of State for Defence, the Ministry of Defence (MoD) was found to have fallen short of the required level of clarity in its tender documentation by not specifically highlighting the fact that a ‘fail’ mark for a particular question would lead to a tenderer being disqualified.

Facts

It has been more than seven years since the Equality Act 2010 was brought into force, yet it has been widely acknowledged that there is still some work to be done in the area of Sex Discrimination.  The Fawcett Report (“Report”) was therefore set up to ask the direct question “Is sex discrimination law in the United Kingdom fit for purpose?”.

This week we learned from the High Court the details of exactly how the information that has become known as the ‘Paradise Papers’ found its way in to the public domain. The papers concern information deriving from law firm, Appleby.

According to court papers prepared by Appleby, the following is an account of how the Paradise papers came to be made public:

An individual should not make a Will if he or she does not have the requisite mental capacity to understand and determine the contents of that Will. In cases where a client is elderly, or has a medical condition such as Alzheimer’s disease, it is important for practitioners to ensure that the client satisfies the correct legal test. In these circumstances the client’s ‘testamentary capacity’ should be considered.

Notices can be served under section 21 of the Housing Act 1988 to require possession of a property let on an assured shorthold tenancy. The required paperwork has been updated recently and both private and social landlords should be aware of the changes.

Changes to Form N5B

HMCTS have released a new version of Form N5B to be used in relation to accelerated possession proceedings after service of a Section 21 notice.

Sport England and UK Sport have revealed that out of the 58 national governing bodies for sport involved with the implementation of the new Code for Sports Governance (“the Code”), 55 have already met all of its requirements. These requirements are considered to be the most advanced in the world and cover important changes designed to increase transparency and diversity in UK sport whilst also ensuring that each sport’s governing body board has ultimate decision-making authority rather than local councils.

Glencore Agriculture B.V. (formerly Glencore Grain B.V.) -v- Conqueror Holdings Limited [2017] EWHC 2893 (Comm)

Introduction

In this case, the High Court considered whether a notice of arbitration was validly served on a party when it was sent to an individual employee’s email address.

Section 76 of the Arbitration Act 1996 (“the Act”) provides that parties are free to agree the manner of service of the notice of arbitration but, failing that, the notice may be served "by any effective means".

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