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Worker Status Takes An Expensive Turn...

Worker Status Takes An Expensive Turn...

Published: 1 December 2017

Until yesterday, there were only a handful of “worker” cases. As an eminent employment QC has just stated about the case of King –v- Sash Windows in the press, this may be the decision to turn that trickle of cases into a flood.

Fletcher Day solicitors in São Paulo 26 November to 3 December 2017

Fletcher Day solicitors in São Paulo 26 November to 3 December 2017

Published: 16 November 2017

Fletcher Day are pleased to announce that Jovita Vassallo and Luiz Costa will be attending the XXIII Conferencia Nacional da Advocacia Brasileira, to be held in São Paulo from 27 to 30 November 2017.

Fletcher Day joins Will Aid for November 2017

Fletcher Day joins Will Aid for November 2017

Published: 2 November 2017

The Fletcher Day Private Client team are delighted to announce their participation in the charity Will writing initiative Will Aid, for the month of November 2017.

Fletcher Day to host Employment Seminar on 21 November 2017

Fletcher Day to host Employment Seminar on 21 November 2017

Published: 20 October 2017

Fletcher Day and Outer Temple Chambers are delighted to be holding their first joint Employment Law Seminar followed by drinks and canapes

Excellence of Fletcher Day teams recognised by Legal 500 2017 Directory

Excellence of Fletcher Day teams recognised by Legal 500 2017 Directory

Published: 12 October 2017

The 2017 edition of Legal 500 has recognised the outstanding work of several of the Fletcher Day teams.

Are non-compete restrictive covenants now, in fact, as useful as a chocolate tea pot?

Are non-compete restrictive covenants now, in fact, as useful as a chocolate tea pot?

Published: 3 October 2017

If a key or senior employee of your company jumps ship and wants to joins a competitor; that non-compete restrictive covenant in their Service Agreement or Employment Contract will prevent them from doing so, and protect your business, won’t it?

Hmmmmm.  Well, maybe not.

Tenants beware. Is a lease called a lease actually a lease?

Tenants beware. Is a lease called a lease actually a lease?

Published: 6 September 2017

Imagine this scenario. You, as a tenant, enter into an agreement with a landlord and you think that you have gained all the rights and privileges that are afforded to tenants under the law. The problem is that when you try and enforce those rights, you discover that you are not, in fact, a tenant at all and the “lease” is actually not a lease!!

Fletcher Day growth continues apace with appointment of Corporate and Incentives Lawyer

Fletcher Day growth continues apace with appointment of Corporate and Incentives Lawyer

Published: 16 August 2017

Central London Commercial Law firm Fletcher Day is delighted to announce the appointment of Jeremy Glover as a Consultant within the firm’s rapidly expanding Corporate team.

The Business and Property Courts of England and Wales

The Business and Property Courts of England and Wales

Published: 16 August 2017

Staying at the heart of international dispute resolution 

Background

As the United Kingdom prepares to exit the European Union, steps are being taken to ensure that England and Wales retains its reputation as the ‘go to’ jurisdiction for international dispute resolution.

There are many advantages to conducting litigation in England and Wales. Indeed, the Lord Chief Justice has recently commented that the overall cost of UK dispute resolution ‘compares favourably’ to alternative jurisdictions. In its present state, England and Wales is recognised as one of the fairest and most adaptable systems in the world – particularly in respect of its ability to adapt court procedures to meet the requirements of a particular case.

Irrespective of this position, the ‘business’ Courts of England and Wales previously consisted of the Commercial Court (including the Mercantile Court), the Technology and Construction Court and the courts of the Chancery Division. Whilst these courts all have different names, they all fundamentally deal with matters concerning business and property.

 The new Apprenticeship Levy; Other uses and potential issues?

The new Apprenticeship Levy; Other uses and potential issues?

Published: 9 August 2017

The government’s new Apprenticeship Levy came into effect this year; on 6 April 2017 and applies to employers operating in the UK who have a salary bill of more than £3 Million.  A levy-paying employer must pay a 0.5% levy on their salary bill each month and as a result is given an Apprenticeship Levy allowance of £15,000 per annum to use on “applicable training”.

Is your ground rent spiralling out of control?

Is your ground rent spiralling out of control?

Published: 3 August 2017

GROUND RENT SCANDAL

Background

During the past few months there has been somewhat of an explosion of the ground rent scandal in relation to leasehold houses. This has resulted in the Government recently launching a consultation into banning unfair leasehold practices, including the sale of new build houses which contain punitive ground rent clauses. 

An eight week consultation was launched on 24 July 2017 which will consider the various unfair practices.  This is clearly justified, bearing in mind that there are four million leasehold homes in the UK.

As a result of this scandal Taylor Wimpey have set aside £130m to compensate buyers of new built leasehold houses. 

Shares or Assets - What’s the Difference?

Shares or Assets - What’s the Difference?

Published: 1 August 2017

Whether you are buying or selling a business, it is a significant decision and one which must be considered carefully by all parties involved.

There are two principal ways of acquiring a business in the UK:

1. Asset purchase –the buyer chooses to buy certain assets and rights of a business which are owned by the selling company; and

2. Share purchase – the buyer acquires ownership of the target company in its entirety. This acquisition would include all assets, liabilities and obligations of the business.

Employment Tribunal Fees have been declared unlawful – So, what now?

Employment Tribunal Fees have been declared unlawful – So, what now?

Published: 26 July 2017

The Supreme Court has today – perhaps surprisingly - ruled that the current Employment Tribunal fees system is unlawful.  The claim was bought by Unison, who appealed to the Supreme Court, having lost in both the High Court and also the Court of Appeal.  Whilst a humiliation in no uncertain terms for the government, this is a seminal decision on the rule of law.  In addition, it could potentially open a whole slew of “other” issues not least the basic logistics and implications of repayment of several years’ worth of fees to the claimants who were required to pay them…

An Honest Wage for an Honest Days’ Work

An Honest Wage for an Honest Days’ Work

Published: 25 July 2017

What employers should know about the Taylor “Good Work” Report [July 2017]

Over the last few years we have seen an increasing number of companies in the modern economy move away from traditional employment models for their workforces.  As a result of new technology platforms, a need for cost efficiency and an increasing emphasis on flexibility in the workplace, businesses in the “gig economy” manage their staff on a wide variety of working patterns, or in new contractor-based structures.Companies such as Uber, CitySprint and Deliveroo use app technology platforms to purchase labour from their workforce of contractor-drivers or couriers “per gig” (i.e. a car journey or a delivery).Companies such as Sports Direct, and JD Wetherspoons are using “zero hours” contracts to maintain a bank of available workers without set working hours, ready to meet the fluctuating demands of the business when they arise.

Is your estate entitled to an extra inheritance tax saving?

Is your estate entitled to an extra inheritance tax saving?

Published: 21 July 2017

The Residence Nil Rate Band

With effect from 6th April 2017, a new inheritance tax relief came into force that could save the children of a married couple thousands of pounds in inheritance tax.

Unfortunately, rather than simply raising the inheritance tax threshold from its current rate of £325,000, which would have been much easier to understand, the ‘residence nil-rate band’ (‘RNRB’) was introduced. 

Fletcher Day attended  Toni & Guy 11th Annual Charity Golf Day

Fletcher Day attended Toni & Guy 11th Annual Charity Golf Day

Published: 14 July 2017

A team of golfers from Fletcher Day were delighted to have attended the Toni & Guy 11th Annual Charity Golf Day which took place on Wednesday 13th July 2017.

Each year the Foundation raises money to support Stroke Association, Macmillan Cancer Support and Variety, the Children’s Charity.

Size up Your Investment

Size up Your Investment

Published: 13 July 2017

Are you looking to invest in a business? It’s so easy to dive straight in and transact on a handshake. This could be a costly mistake. Pause and consider the risk profile of investing in the business, as well as the threats to which the business is exposed to. Set out all the terms of the deal in writing.

In this opening article, we highlight some of the fundamental considerations when you are looking at investing equity capital in a business and in a series of EIGHT bite size articles, we examine each of these areas in more detail.

Reclaiming a debt in court? Don’t fall foul of the new Debt Recovery Protocol

Reclaiming a debt in court? Don’t fall foul of the new Debt Recovery Protocol

Published: 10 July 2017

Changes to debt recovery before commencing litigation in England and Wales from 1 October 2017

The implementation of the Civil Procedure Rules in 1999 brought in a new concept:  pre‑action protocols. 

The aim of these protocols was to encourage early engagement and communication between the parties with a view to enabling them to resolve matters without the need to start court proceedings and to save costs. 

However, it has taken the Ministry of Justice until 2017 to suggest a suitable pre-action protocol for the litigation of debts owed by one party to another.  This new protocol applies to any business debt, or claiming payment of a debt from an individual.

Fletcher Day expands Dispute Resolution team with appointment of Senior Associate lawyer

Fletcher Day expands Dispute Resolution team with appointment of Senior Associate lawyer

Published: 6 July 2017

Central London Commercial Law firm Fletcher Day is excited to welcome back Luiz Costa, following his appointment as Senior Associate within the Dispute resolution team. The appointment took effect from Monday 3rd July 2017.

Can TUPE apply on a SHARE ACQUISITION?

Can TUPE apply on a SHARE ACQUISITION?

Published: 5 July 2017

Possibly, in certain circumstances was the (slightly worrying) view of the High Court in the recent case of ICAP Management Services Ltd –v- Berry [2017]. 

Mr Berry was a senior executive in electronic broking with ICAP Management Services Ltd. He was placed in the garden (for his 12 month notice period) when he gave notice to join ICAPs main competitor; BGC.

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