Knowledge

‘Equal opportunities’ is a term used to promote best practice standards under legislation preventing discrimination on six grounds – sex, race, disability, sexual orientation, age and religion or belief. This extends to fair practice in job advertising, conditions of employment, treatment and recruitment. This article explores how equal opportunities law may impact upon your business and what steps you can take to embrace equal opportunities in 2008.

The Treaty of Lisbon has attracted more than its fair share of media controversy. Even by the standards of previous European Treaties, the level of scepticism expressed at least in the press has been significant. Inevitably, the commentary has been fuelled by political agendas and, whilst sometimes informative, can often be inaccurate or misinformed. This is the first in a series of articles in which we attempt to debunk the myth about the Treaty of Lisbon and to explain why it might be relevant to you. Firstly, a little background.

Recent decisions of both the UK Information Commissioner (IC) and the Scottish Information Commissioner (SIC) have ensured that FOI continues to hit the headlines. This is particularly the case in a number of situations where the Commissioners have found that, although the information being requested is caught by certain exemptions under the relevant legislation, nonetheless the public interest in disclosure has outweighed the public interest in retaining the confidentiality of the information.

The Budget of 12 March 2008 includes a number of welcomed proposals for the North Sea fiscal regime, which are now encapsulated in the Finance Bill 2008. The proposed changes should be seen against the backdrop of the ongoing government-industry consultation, as demonstrated by the consultation document Securing a sustainable future (2007), and the wider government commitment, encapsulated in the government’s energy policy (set out in the Energy White Paper of May 2007), to promote investment and maximise production whilst ensuring a fair return for the UK taxpayer.

Recent cases in England dealing with adverse possession have applied the decisions from the House of Lords case of J A Pye (Oxford) Limited v Graham [2002] UKHL30, [2003] 1A.C.419 and from the Grand Chamber of the European Court of Human Rights decision on the case of J A Pye v United Kingdom on 30th August 2007.

Landlord’s hypothec is a common law right of security enjoyed by landlords over any goods sited on the leased premises.  Originally, landlord’s hypothec:  

TUPE – the Transfer of Undertakings (Protection of Employment) Regulations 2006 – applies where a business transfers or a service provision change takes place.  This article looks at how those legal concepts apply in property transactions and examines the TUPE-related issues that buyers and sellers need to know.

In today’s climate of tight margins and scarcity of construction services due to commitments elsewhere, clients are increasingly looking for ways to attract contractors to tender and encourage them to complete on budget.
Many seek to achieve this through a “partnering” approach whereby the parties agree to work in a collaborative manner to carry out the project. Target Cost Contracts (TCC) are often used to support the sharing of financial risks and rewards.

“Planning system delays damaging economy”.  A headline not uncommon 4 or 5 years ago.  Will the reforms in the Planning etc (Scotland) Act 2006 consign it firmly to the past?  The evidence suggests not.  No one underestimated the challenge of reform.  It was always going to be a very difficult balancing act.  There was always a tension inherent in streamlining planning procedures to make them more responsive while increasing public participation. 

The Prime Minster, who only a year ago, was implacably opposed to the idea of any more powers for the Scottish Parliament is said to be considering whether and how Holyrood might take on more responsibility for raising its own revenue.

Agency workers not employees of end user
The Court of Appeal has held in the case of James v London Borough of Greenwich that an agency worker was not employed by the end user client to whom she was supplied, and that a contract of employment should only be implied between the agency worker and the end user where it is necessary to do so to reflect the business reality of the relationship.  The Court confirmed that the mere passage of time will not be sufficient to imply such a contract.

Compensation for unfair dismissal does not include loss for breach of trust and confidence

On 28 January 2008, the Institute of Chartered Secretaries and Administrators (ICSA) published a guidance note highlighting certain legal and practical issues that arise following the implementation, on 1 October 2007, of those provisions of the Companies Act 2006 (the Act) relating to proxies and corporate representatives.

The ICSA paper contains guidance in a number of areas that should help companies, shareholders and advisers get to grips with the new provisions. 

It is now a well-trodden path, from the countryside to the House of Lords, seeking to preserve the right to foxhunting.  It was a path that was trodden again by the Countryside Alliance in late 2007.  However, as in the previous two trips to the House of Lords, they were to return home disappointed.

The subject of gratuitous alienations is a problematic area for the property practitioner.

The application of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) to the transfer of part of a business from the UK to a non-EU entity has been considered by the EAT for the first time since the Regulations came into force in April 2006 in the case of Holis Metal Industries Ltd v GMB Newell Ltd.

The judgement in the high-profile case of RDF Media Group v Clements held that an employee who is in breach of the implied term of mutual trust and confidence cannot rely on their employer’s subsequent breach to claim constructive dismissal and avoid restrictive covenants.

Four English police forces have appealed to the Information Tribunal after being ordered by the Information Commissioner’s Office (ICO) to delete criminal convictions from the Police National Computer (PNC) which is the criminal database for England and Wales.
The ICO received complaints from four individuals whose data had been stored in the PNC. All four cases related to either a caution or a conviction in respect of a non-custodial offence, some dating back almost 30 years. The complainants’ history had been disclosed to prospective employers when they had applied for jobs.

On 20 November 2007, Sir David Walker published his report on disclosure and transparency in the UK private equity industry.  The report, which was commissioned by the British Venture Capital Association in February 2007, follows the consultation document published in July 2007.  It sets out various guidelines for enhancing disclosure by private equity firms (which are authorised by the FSA and invest in the UK) and their large UK portfolio companies.

The European Commission (“Commission”) announced on 28 November that it has launched a formal investigation into possible state aid involving the Dublin-based, low fares airline Ryanair.  The investigation focuses on two contracts surrounding Ryanair’s presence at the French airport of Pau.  The contract between Ryanair and the Chambre de Commerce et d’Industrie de Pau-Béarn (CCIPB) sets out the conditions for Ryanair’s use of the infrastructure at the airport while the agreement between the CCIPB and Airport Marketing Services Ltd (a subsidiary of Ryanair) concerns the marketing services p

To terminate a lease effectively, the landlord or tenant who wishes to bring the lease to an end must give effective notice of their intention to the other party.  Even where the lease specifies an end date, the party seeking to terminate must serve a notice to quit on the other party to bring the lease to an end.   If neither the landlord nor the tenant serves a notice to quit, the lease will be automatically extended for a further period under the principal of tacit relocation.

Effective notice required

Traditionally, one of a lawyer’s skills is using and manipulating words, but when it comes to dealing with sums, even the most talented wordsmith can falter.  All too frequently the lesson from court actions is that more care should have been taken when drafting the documentation involved, and in the case of rent review provisions in leases, extra care is important given the often complex nature of the interplay between the various components to be taken into account or disregarded when identifying what the new rent is to be.  How much simpler therefore to provide a formula for calculating

The eagerly awaited House of Lords decision in the Scottish case of Moncrieff v Jamieson has finally been delivered, in what it is fair to say is a landmark decision for Scottish property rights.  In a unanimous decision, which none the less contains some differences of opinion as to some of the detail, their Lordships have confirmed that it is possible for a servitude right to park to be implied as a necessary accessory to an express right of access, upholding the view originally expressed by the sheriff over four years earlier.
Access and parking

In criminal proceedings a suspect or an accused has a right not to incriminate himself. That right or privilege is principally seen in the context of the person’s right to remain silent, but how far does that privilege extend and can it be relied upon in disciplinary proceedings?