Can the BBC recover salary from Mr Huw Edwards: An employment lawyer’s perspective
The BBC's recent announcement of its intention to recover salary paid to former broadcaster, Mr Huw Edwards, during the period between his arrest and resignation has sparked widespread discussion and debate. This article explores the BBC's prospects of recovering this money from Mr Edwards and considers some key principles governing the recovery of wages paid to employees.
Employer’s new duty to prevent sexual harassment
Following the #MeToo movement and a government consultation in 2021 which revealed 54% of employees had experienced sexual harassment at work, there has been a focus on how employers can prevent sexual harassment in the workplace. From 26 October 2024, employers will be under a new legal duty to prevent sexual harassment of their employees in the workplace.
Proprietary Estoppel: a potential remedy for an unkept promise
Proprietary estoppel is an equitable concept that allows the court to stop one party (Party A) using their legal rights when doing so would be very unfair (unconscionable) to another party (Party B). This arises when Party A makes a promise or assurance (known as a representation) to Party B. Party B relies upon that representation to their detriment (i.e. spends money or turns down a benefit), and it would be ‘unconscionable’ for Party A not to uphold their representation. This could be used as an alternative claim to contesting a will.
“Pre-action Protocols” in family cases: What happens before submitting an application to the court?
At the end of April this year, the Family Procedure Rules, which govern how family proceedings are dealt with, were updated to place a much greater focus on “non-court dispute resolution” (NCDR). In an effort to divert as many cases as possible away from court, the rules require couples to consider using a form of NCDR instead of making an application to court to resolve their dispute. Judges now have powers to halt proceedings if they consider that a couple have not properly looked into whether there is a form of NCDR that could assist them.
King's Speech: A Storm Brewing for Employers
Today’s King’s Speech has outlined the Labour Government’s ambitious plans to shake up the workplace and, as predicted, employers are in for a tumultuous period of change.
National Semiconductor Strategy
Following the recent publication of the UK’s National Semiconductor Strategy, this article considers how the UK seeks to secure a leading role in the global semiconductor sector and what UK businesses need to be doing now.
Pension Sharing Orders on Divorce
When considering the issue of finances upon a Divorce, pensions should always form part of this discussion. By ignoring pensions, this could mean that you are missing out on potential long-term income and future financial security.
Avoiding certain pitfalls when dealing with a divorce
Rebecca Pike discusses the impact the Divorce Law Reform has had on the whole divorce process, and the common pitfalls that must be considered when ending a marriage or a civil partnership.
What could happen to my jewellery after my divorce?
Jewellery can become a point of contention for some divorcing couples, as they attempt to resolve their financial matters following the breakdown of their marriage. Jewellery can hold a significant emotional attachment for some, which can cause difficulty in reaching a financial settlement, and valuing such items on the second-hand market can be problematic.
Death of a shareholder: What to do with the shares
Dealing with the death of a shareholder can be a complex and emotional process. It is essential to approach the situation with care, to be aware of the necessary steps to handle the deceased's assets properly and consider the steps that can be taken in advance of any such event.
Case Law Spotlight: Comparative advertising and the misleading marketing message
Gibraltar (UK) Limited & Vet Plus Limited vs Viovet Limited – High Court – [2024] EWHC 777 (Ch) This High Court case concerned a dispute over comparative advertising in the context of veterinary nutraceuticals. The High Court considered whether advertising infringed upon the claimants' trademarks through the implication that their products were comparable in both nature and efficacy to the defendant’s products.
Fit for Purpose? Unpacking the Proposed Changes To Fit Notes For Individuals With Mental Health Issues
The government have recently proposed a change to how individuals in the UK will be treated when visiting their GP for mental health issues. But do the proposals have any merit and will the changes ever see the light of day?
