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Uncategorized | Lawyers & Legal Counsels

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Remedies for unfair dismissal

Remedies for unfair dismissal

The Employment Rights Act 1996 (ERA 1996) sets out the remedies available to claimants in cases of unfair dismissal. Where a tribunal finds that an employee has been unfairly dismissed, the tribunal may apply the following remedies in favour of the employee: Order the employer to reinstate or re-engage the claimant  Although orders for reinstatement or re-engagement are quite rare in practice, a tribunal has...

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A step by step guide to bankruptcy proceedings

A step by step guide to bankruptcy proceedings

Legal threshold   You may apply to make someone bankrupt if you are owed at least £5,000. Although you can commence bankruptcy proceedings without engaging the services of lawyers, it is strongly advised that you seek prior legal advice as bankruptcy proceedings can be complicated. There are serious implications in making someone bankrupt and you want to be sure that you are following the correct...

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Prescribed information relating to tenancy deposits

Prescribed information relating to tenancy deposits

There are several requirements that a landlord must comply with when dealing with a tenancy deposit. Section 213 of the Housing Act 2004 sets out the requirements relating to tenancy deposits. Pursuant to s.213, where a landlord receives a deposit in relation to a tenancy the landlord must comply with the requirements of an authorised scheme within 30 days of receiving the deposit. In order...

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Royal Mail fined for breaking competition law

Royal Mail fined for breaking competition law

The Royal Mail was recently fined a record £50m for breaking competition law. The fine was levied by OFCOM after the communications regulator concluded that Royal Mail stifled competition by increasing the price of its wholesale service for competitors who used their own workers for delivery in certain areas and only used the Royal Mail for delivering letters in some areas. OFCOM concluded that by...

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Brief Overview of TUPE Regulations

Brief Overview of TUPE Regulations

The Transfer of Undertakings (Protection of Employment) Regulations [TUPE] preserves employees’ working terms and conditions when a business or part of a business is transferred to a new employer. Under the provisions of TUPE the incoming business steps in and assumes the rights, responsibilities, liabilities and duties of the outgoing business. The employees of the outgoing business become employed by the incoming business on the...

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House of Fraser settles case with landlords

House of Fraser settles case with landlords

House of Fraser can now focus its efforts on rescuing its struggling business after the department store reached an out-of-court settlement with its landlords. House of Fraser would have had to defend the lawsuit in the Edinburgh Court of Session next week if it had not reached a deal with the group of landlords. The legal challenge brought by the landlords relates to a company...

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Unfair Consumer Contract Terms

Unfair Consumer Contract Terms

Consumer Rights Act  The Consumer Rights Act 2015 is a very important piece of legislation that provides several levels of protection to consumers in the UK. The legislation came into force on 1st October 2015 and it consolidated consumer protection laws — it replaced the Sale of Goods Act 1979, Unfair Terms in Consumer Contracts Regulations 1999 and the Supply of Goods and Services Act...

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Tenancy Deposits in Relation to Possession Proceedings

Tenancy Deposits in Relation to Possession Proceedings

Pursuant to section 213 of the Housing Act 2004 any deposit paid to a landlord in connection with the tenancy must be dealt with in accordance with an authorised tenancy deposit scheme.  Under the Housing Act 2004 landlords must protect the deposit received from tenants within 30 days from the date the deposit was received by the landlord. Simply protecting the deposit with an authorised...

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Grounds for Possession 

Grounds for Possession 

Landlords are well aware that obtaining possession of their properties could sometimes involve a difficult and somewhat confusing process. Most tenancies issued today are Assured Tenancies. The laws governing the repossession of assured tenancies are contained in the Housing Act 1988. Specifically, Schedule 2 of the 1988 Act sets out the grounds on which landlords may seek possession of their property. Schedule 2 of the...

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Employment Law Case Review

Employment Law Case Review

MR  G NYATHI -v- SECRETARY OF STATE FOR JUSTICE (UKEAT/0229/17) OVERVIEW This case looks at the “reasonable adjustments” that an Employment Tribunal can be expected to make for a disabled party pursuant to section 20 of the Equality Act 2010. It also considers the need for an Employment Tribunal Judge to cause a telephone call to be made to enquire about the absence of a...

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