Legal Updates

Immigration Update - April 2017


April 2017 sees another set of changes to the Immigration Rules including the long-debated Immigration Skills Charge and change to the minimum salary thresholds, making it ever more expensive for employers to recruit from outside the EU.

Employment Law Update - Quick Fire! - April 2017


Government White Paper on Great Repeal Bill, April employment law changes and caste discrimination are covered in this month's Quick fire!

Employment Law Update - Important decisions on indirect discrimination


The Supreme Court has handed down two decisions clarifying the scope of indirect discrimination.

Employment Law Update - When does notice of termination take effect?


The Court of Appeal has recently decided that notice of termination takes effect when the employee has personally taken delivery of the letter containing the notice.

Employment Law Update - Cycle courier was a 'worker'


In the latest case concerning employment status in the gig economy, an employment tribunal has held that a cycle courier was a worker.

Employment Law Update - Dismissing for long-term sickness absence


A recent Court of Appeal decision highlights the fine balancing exercise to be carried out by employers when reaching a decision to dismiss an employee on long-term sick leave.

Magistrates’ Court Sentencing Guidelines come into force today


Revised sentencing guidelines for a variety of offences covered by the Magistrates’ Court Sentencing Guidelines come into force today (24 April 2017). These guidelines will apply to anyone (over 18 years of age) sentenced on or after this date, irrespective of date of offence.

Charity Trustees censured for selling property for £15m less than it was worth


Charity Trustees censured for selling The Spiritualist Association of Great Britain's headquarters in Belgravia for £15m less than it was worth.

Motor Matters - Pay attention if you pay commission!


Are your sales staff entitled to be paid commission as part of their contractual pay package? How is this accounted for in the calculation of their holiday pay? Or is it left out entirely?

Motor Matters - Making time for ME(ES) (Minimum Energy Efficiency Standard)


It’s important for all building owners and occupiers to be aware of the Minimum Energy Efficiency Standard (MEES), and especially some key changes which start to take effect from April 2018.

Motor Matters - Cyber security and data breaches - New legal regime(s) - dealers beware


One of the “hot topics” from a recent Motor Forum which Birketts co-hosted was “Cyber Security Breaches”.

Motor Matters - Expand or cash in - stick or twist


For many years working in the UK motor trade has felt like a game of poker, albeit with a few tweaks to the standard rules. Retailers have been working tirelessly to make the best of the hand that they have, frequently trying to hit a target which is out of reach using just traditional retail and fleet means. Doing a mass registration exercise, at very advantageous terms, is fine if you can then spread those vehicles amongst a wide network of sites and dispose of the cars quickly. Smaller operators tend to find that these exercises start to cannibalise their used car stock profiles. They have found it increasingly difficult to play competitively with the hand they have.

Motor Matters - Is 'gross' a state of mind? Making better vehicle margins in a volume led market


Automotive retailing has moved more demonstrably in this decade into a game of commoditisation. Internet selling and in particular the emergence of ‘disruptors’, thinly disguised as so called price comparison intermediaries or ‘price aggregators’, has led to many retailers (and certain OEMs) finding an easy or even lazy route to market.

Workplace exposure to diesel fumes


With recent pressure applied to the UK Government to reduce diesel fuel emissions it is important to recognise how companies can reduce their reliability on diesel and protect employees from the potential risks of exposure.

When justice doesn’t mean justice


The first question most ask having lost an adjudication is an obvious one: can I get round it? Oli Worth of Birketts' Construction and Engineering Team examines further.

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