News

9 December 2024

Failure to pay may seem like grounds for termination, but this isn’t always the case. Acting prematurely could backfire, potentially putting you in breach of the contract. Do You Have a Contractual Right to Terminate? In cases of late payment, parties typically have two legal routes to consider: However, neither guarantees an automatic right to […]

6 December 2024

The Supreme Court’s Landmark Decision on Force Majeure and “Reasonable Endeavors” In the recent case of MUR Shipping v RTI, the Supreme Court ruled that the “reasonable endeavours” proviso in a force majeure clause does not oblige parties to accept non-contractual performance, even if it would resolve the issue created by the force majeure event. What […]

6 December 2024

Intellectual Property (IP) can arise in various shapes and sizes. Understanding the various forms of IP is useful for considering who and how your IP is owned and can be used. In business, it is common for multiple parties to desire the rights in certain IP. The following is an overview of the rules of […]

3 December 2024

What is a Lasting Power of Attorney for Health and Welfare? A Lasting Power of Attorney is a document in which you (the donor) give someone else (the attorney(s)) the power to make decisions on your behalf. A Lasting Power of Attorney for Health and Welfare grants your attorney the authority to make decisions regarding […]

28 November 2024

Recently, you may have seen several allegations against high-profile figures making headlines, highlighting the importance of conducting successful investigations. These can involve grievance investigations, disciplinary investigations and other forms of investigation in the workplace.  Dealing with the intricacies of workplace investigations can be fraught with difficulties. For many employers, the decision to appoint an external […]

28 November 2024

On 3rd December 2024, Sarah Alford (Partner) and Caitlin Rees (Associate) in our Employment & HR department at Berry Smith, will be speaking about the upcoming employment law reforms, including the proposed changes to family leave rights, at the Women at Work Wales Conference, hosted by Policy Insight Wales.   We therefore thought that now was […]

20 November 2024

CST Wealth Management Limited is a renowned chartered financial planning firm based in Bridgend, managing an impressive portfolio of individual and business clients with approximately £170 million in assets under advice. Brooks Macdonald is one of the UK’s leading wealth management firms, focused on providing expert investment management and financial planning. Berry Smith worked closely […]

18 November 2024

Sky v SkyKick In a key case for trade mark law, the Supreme Court recently handed down its long-awaited judgment in Sky v SkyKick. The legal issue at hand was whether Sky’s trade marks had been validly registered, given the broad scope of their coverage. Originally, Sky sued SkyKick, a cloud management company based in […]

7 November 2024

A £279m partnership in the UK Government’s life sciences sector The UK government recently announced a £279 million investment in its life sciences sector through a partnership with Lilly, a multinational pharmaceutical company. This significant investment is aimed at accelerating healthcare innovation and advancing new care delivery models, particularly focused on improving health for people […]

5 November 2024

After weeks of rumour and speculation, Chancellor Rachel Reeves delivered Labour’s first Budget in 14 years and, in doing so, introduced significant changes to Stamp Duty Land Tax in England. What is Stamp Duty Land Tax? Stamp Duty Land Tax (SDLT) is a tax you must pay when you purchase an interest in land or […]

31 October 2024

The rumours prior to the unveiling of the Autumn Budget were that Agricultural Property Relief was to be scrapped. While this was not the case there have been considerable changes. If you own agricultural property, it is imperative that you consider the recent announcements.  What is Agricultural Property Relief? Agricultural Property Relief is an Inheritance […]

31 October 2024

The Chancellor’s announcements in the October budget have reduced the effective of Business Property Relief. If you are a sole trader, in partnership, and/or own a company, it is important that you consider the changes being introduced in April 2026. What is Business Property Relief? Business Property Relief is an Inheritance Tax relief which can […]

29 October 2024

On 10th October 2024, the government introduced a new Employment Rights Bill (‘the Bill’) to enact many of Labour’s manifesto commitments to improve the employment rights of workers and employees. This article sets out some of the Bill’s key provisions. The Government is currently consulting on the above proposals and most will likely come into […]

29 October 2024

Mental Health Awareness day took place earlier this month on 10th October. Mental Health UK report that one in ten people (10%) tackle the challenges of living with an anxiety disorder at any one time and people aged between 35-59 are more likely to be affected by an anxiety disorder. Women are twice as likely […]

24 October 2024

The Data Protection Audit Framework The Information Commissioner’s Office (ICO) have recently launched a new audit framework designed to help businesses assess their own compliance with key requirements under data protection legislation. The framework has been launched to encourage businesses to identify and implement any necessary steps to improve their data protection practices. The framework […]

23 October 2024

With the passing of the Renters’ Reform Bill imminent – expected in November 2024 – it is crucial for private landlords in England to consider how the changes will impact them. Often referred to as the ‘English equivalent’ of the Renting Homes Wales Act 2016, the Bill has already been widely criticised as unfairly stacking […]

18 October 2024

Berry Smith again features strongly in the latest independent guides to the legal profession in England and Wales. Each of our teams (Corporate, Dispute Resolution, Commercial, Commercial Property, Employment & HR, Family and Private Client) are ranked, with individual lawyers also recognised. The Legal 500 and Chambers & Partners have recently published their annual rankings. […]

16 October 2024

On September 11, the High Court ruled against easyJet on one of its trade mark disputes in favour of Easyfundraising. The large airline company is a part of the easyGroup which has been trying to restrict the use of ‘easy’ by smaller companies in their brands. Easyfundraising, a service that helps users raise funds through […]

2 October 2024

Considering how the Supreme Court’s TUI -v- Griffiths decision could assist litigants seeking permission for expert evidence late in the day. The recent UK Supreme Court judgment in the case of TUI -v- Griffiths has attracted significant attention and discussion amongst litigation practitioners due to its implications for how the Court will treat expert evidence. […]

1 October 2024

Mental Health Awareness day took place earlier this month on 10th October. Mental Health UK report that one in ten people (10%) tackle the challenges of living with an anxiety disorder at any one time and people aged between 35-59 are more likely to be affected by an anxiety disorder. Women are twice as likely […]

1 October 2024

The Worker Protection (Amendment of Equality Act 2010) Act 2023 comes into force on 26 October 2024. It amends the Equality Act to create (a) a new duty on employers to take ‘reasonable steps’ to prevent sexual harassment of their staff, and (b) a power for the Employment Tribunal to uplift sexual harassment compensation by […]

26 September 2024

Terms and conditions (T&Cs) are an essential agreement which form the legal basis upon which businesses trade with each other and their customers. Although it is not a legal requirement for every business to have T&Cs, having a set to rely on in the event of a dispute will place your business in a stronger […]

25 September 2024

Welsh Government have published an updated statement on the progress of the much-anticipated Building Safety (Wales) Bill. The Building Safety Act 2022 was introduced following the tragic events of Grenfell Tower to substantially improve the safety standards of residential buildings, along with granting residents and homeowners greater rights, powers, and protections. Welsh Government plan to […]

20 September 2024

The Berry Smith corporate team have been recognised as one of the top 10 legal advisors in Wales, according to the MarketIQ HY1 2024 Experian UK M&A Report. The team are thrilled to have retained their position as 4th ranked legal advisors in the Experian UK M&A Review for the first half of 2024, following their […]

4 September 2024

It should come as no surprise that starting a business is hard work; it takes innovation, commitment and a splash of good luck. One of the main obstacles faced by would-be startup businesses is obtaining sufficient funding to get the initial idea off the ground. You may be in a position to self-fund initially, but […]

3 September 2024

As social media becomes more prevalent, allowing individuals to freely share their views online for all to see, it raises questions on how companies can limit what their employees publish online. To what extent employers are allowed to monitor/control their employees’ social media? Monitoring the use of social media can create legal issues if employers […]

3 September 2024

In the recent case of Wharton v Sheehan Haulage and Plant Hire Ltd, the Employment Appeal Tribunal held that in unlawful deductions from wages claims, the 3 month time limit ran from the date of deduction, not the termination date of employment.  In this case, the date of the deduction was after the termination date, […]

28 August 2024

Jane Rees, Associate Solicitor at Berry Smith LLP, considers the difficulties faced by land owners affected by the flow of rainwater from higher land.  It is commonly known that land owners have a measured duty of care to ensure that they do not do anything on their land that would cause damage to neighbouring land, […]

7 August 2024

This week, Berry Smith’s corporate team is once again celebrating the success of being shortlisted for the Wales Dealmakers Awards. The Wales Dealmakers Awards 2024 will be held at the Mercure Holland House Hotel in Cardiff on the 26th September 2024. The evening will bring together corporate lawyers, finance advisers and funders to celebrate a […]

6 August 2024

For the next part of the Berry Smith ‘Startup Advice’ mini-series, the team has put together a list of the essential contracts which every startup business should consider having in place. Regardless of the type of business you run, ensuring you have acquired the necessary contracts from the offset is a fundamental factor in achieving […]

2 August 2024

The introduction of ‘no-fault’ divorce in April 2022 made the divorce process more accessible, affordable and amenable, helping to reduce conflict by removing the need to apportion blame for the breakdown of the marriage and moving the process online. However, whilst information provided by HM Court and Tribunal Service is helpful, in guiding parties through […]

31 July 2024

On 17th July 2024, the Labour party, in the King’s Speech, set out their agenda for their intended legislative changes in their first few months in government. The new government will likely introduce an “Employment Rights Bill” (the “Bill”), which will set out a number of changes which will affect both employers and employees in […]

31 July 2024

A Dispute Resolution Appointment (DRA) is a form of alternative dispute resolution (ADR) which aims to resolve disputes without a full hearing in an employment tribunal. DRA has been introduced by the Wales Employment Tribunal for the more complex cases with long final hearings (those listed for over 6 days), such as in discrimination and […]

26 July 2024

Starting a new business is an exciting journey filled with potential and opportunity. However, amidst the excitement, many entrepreneurs overlook crucial legal and contractual considerations. These oversights can lead to setbacks, delays, financial losses and, in the worst case, the failure of the business. As a leading law firm in South Wales, specialising in helping […]

18 July 2024

Starting a business can be an exciting yet equally daunting process. You’ve had the business idea, assessed the market, created a business plan – so what next? Choosing the right legal structure to suit the needs of your business is a fundamental decision, requiring careful consideration of your long term objectives. There are a number […]

10 July 2024

The school term is nearly over and summer holidays are fast approaching, with many families looking forward to a well earned break abroad in the sun. However, when parents separate, holiday arrangements can become a minefield as parents look to arrange trips and vacations for their children. Communication between the separated parents in relation to […]

9 July 2024

If you have ever entered into a commercial contract, you may be familiar with seeing the words best, reasonable, and all reasonable endeavours. After seeing these phrases, you may have wondered what these phrases mean and why your business needs to be aware of them. What is the purpose of an endeavours clause? An endeavours […]

5 July 2024

Following the recent General Election results, a Labour Government is now in place. This change in government is prompting many family law specialists, including ourselves at Berry Smith, to evaluate its potential impact on family law in England and Wales. One area of interest is cohabitation law, with reform in this area now potentially on […]

3 July 2024

On 1st July 2024, new amendments to the TUPE regulations (the Transfer of Undertakings (Protection of Employment) Regulations 2006) have come into effect for any transfers which occur after 1st July 2024. What is TUPE? Protection is afforded to employees and obligations are placed on employers under the Transfer of Undertakings (Protection of Employment) Regulations […]

3 July 2024

What is a whistleblower? A whistleblower is someone who reports wrongdoing which is in the public interest, also known as a protected disclosure. Who is protected? The Employment Rights Act 1996 protects employees from being dismissed and affords protection to both employees and workers from suffering a detriment. Workers can amount to, among others, agency […]

3 July 2024

Starting a business can be a daunting experience. With an abundance of information available to you (some usual, some not) how do you decide what to rely on, what will be of benefit or what to focus on? The commercial team here at Berry Smith has provided 5 tops tips for every start ups to […]

3 July 2024

Berry Smith are delighted to have represented the shareholders of Anthony A Davies Limited in their sale to the management team. The deal, backed by Development Bank of Wales paves the way for the business’ future growth plans and will cement their position as a market leader in the industry. Anthony A Davies Limited is […]

25 June 2024

A “pay when paid” clause seeks to provide that a contractor will only pay a subcontractor for completed work once the contractor has received payment from the employer. Fortunately, for those doing the work and awaiting payment, there is limited scope for pay when paid clauses to apply to effectively resist payment. Under the Construction […]

13 June 2024

Lauren Parsons, Senior Associate at Berry Smith, considers the story so far following the recent ruling in Davies -v- Bridgend County Borough Council. The beginning. It is well established that Japanese Knotweed can have a significant impact on the value (as well as marketability and insurability) of land. This is because it can be very […]

29 May 2024

Neurodiversity in the workplace is very much a “hot topic” at the moment and employers are more aware of the need to understand their responsibilities and duty of care to employees who are neurodiverse. Neurodiverse individuals are those whose brains may work in different ways and includes medical disorders and conditions, such as learning difficulties, […]

29 May 2024

June is Pride Month 2024. With that in mind, this article discusses the importance of promoting workplace diversity, equity and inclusion. A workplace culture that promotes diversity, equity and inclusion will encourage employee retention, attract great candidates and increase productivity and enhance an employer’s reputation. Research by Culture Shift in February 2021 found that almost […]

23 May 2024

A recent Supreme Court judgement, RTI Ltd v MUR Shipping BV, has highlighted the importance of certainty in commercial contractual terms. It was unanimously ruled that, while a force majeure clause can only be relied upon if a party has taken reasonable steps to avoid the effect of the force majeure event, these reasonable steps […]

16 May 2024

As Hugh Grant has recently discovered, a Part 36 offer is a powerful tool in the world of litigation / dispute resolution, after opting to accept such an offer to settle his claim against News Group Newspapers (NGN).  Jane Rees, Associate of Berry Smith LLP, considers the tactical move made by NGN’s lawyers and the […]

8 May 2024

Patrick Howarth joins from Ruben Lewis and O’Brien, at which he was a partner and head of the firm’s litigation team, and Hannah Davies joins as a solicitor, whilst Solicitor Antony Gibbons is promoted to Associate in the Construction Team and Polly Miller has been promoted to Claims Manager.  The promotion and recruitment of an […]

7 May 2024

Leading independent Welsh law firm, Berry Smith, has further strengthened its teams with six significant promotions. Dan Dowen has been promoted to Partner in its Commercial team, Ellen Lewis to Associate in the Corporate department, Antony Gibbons to Associate and Keira Anne Dowsell to Solicitor in Dispute Resolution and Conor Lynn to Associate and Alex […]

2 May 2024

The recent fertility of adjudication enforcement case law has continued in the past week. We have seen a useful reminder of the principles for using the Part 8 procedure to prevent adjudication enforcement in TClarke v Bell Build (a very concise judgment which you can read here) and a lesser seen example of non-enforcement of […]

30 April 2024

The week of 13th to 19th May 2024 is Mental Health Awareness week. The last few years have been challenging for most people, impacting the mental health of millions of people worldwide. Despite the significant improvements in mental health awareness over recent years, our experience is that dealing with mental health concerns amongst the workforce […]

30 April 2024

As we approach the summer months, employers may be receiving a higher number of annual leave requests than usual. With that in mind, this article considers some frequently asked questions regarding holiday entitlement in the workplace. How much annual leave are staff entitled to?  Most workers (with some limited exceptions) have a statutory right to […]

23 April 2024

Obtaining an early judgment in your favour following a defendant’s failure to either adequately respond to a claim or indeed respond at all, is what many claimants would (understandably) cite as their ‘ideal’ outcome or best case scenario when they set out to commence litigation. Whether it be a breach of contract argument with a […]

22 April 2024

Berry Smith’s Commercial Property team has once again been shortlisted for Property Law Firm of the Year at the Insider Wales Property Awards which will take place on Thursday 13 June 2024 at the Coal Exchange in Cardiff. Berry Smith Lawyers is a well-established, Cardiff based, law firm comprising 11 partners and approximately 80 staff […]

16 April 2024

The Berry Smith FC team are descending on Leeds for the @BusinessFives National Football Finals. Following a victorious regional event in Cardiff, the mixed team are hoping to add some more silverware to the trophy cabinet.  Aside from aiming for success on the pitch, the team are proud to support @WalesAirAmbulanceCharity and are wishing to […]

9 April 2024

As we are living in an increasingly digital era, online shopping has become the norm meaning that businesses have to take care to ensure that their standard terms and conditions are brought to their customer’s attention sufficiently. Ensuring that terms and conditions are effectively incorporated into a contract of sale without impeding the ease and […]

9 April 2024

Avid readers of the Seasonal Berry Smith Commercial Newsletter may recall the ongoing dispute between supermarket giants Tesco and Lidl which we last covered in 2023. You can read about it HERE Previously, High Court Judge Joanna Smith concluded that Tesco’s use of the same yellow and blue colour scheme for their Clubcard Prices signage infringed […]

9 April 2024

Food inflation has fallen within the past year, with it reaching 5% in February following a high of almost 20% in March of last year.  However, the introduction of post-Brexit border checks which has been delayed several times over fears they could fuel inflation, have begun to be introduced from the start of this year. Food […]

8 April 2024

Berry Smith are delighted to have advised valued client, Cardo Group Limited through another acquisition process following on from their acquisition hat-trick last year.  South Wales based A&N Lewis was founded over 30 years ago and are Cardo Group’s latest acquisition in the construction industry due to their strong shared values. The acquisition will bolster […]

3 April 2024

Berry Smith LLP have successfully acted for the Claimant in the cross-enforcement of two separate adjudications: Wordsworth Construction Management Ltd -v- Inivos Ltd t/a Health Spaces [2024] EWHC 617 (TCC) In an unusual move, the Court has ordered that the decisions made in two separate adjudications (arising under the same construction contract) should be set […]

27 March 2024

On 6th April 2024, the new Carer’s Leave Regulations come into force. The Regulations will give employees a right to take up to one week of statutory unpaid carer’s leave within a 12 month period to care for or to arrange care for dependants with long-term care requirements. In order to be eligible for carer’s leave […]

27 March 2024

On 8th March 2024, the new Paternity Leave (Amendment) Regulations come into force. The Regulations will change the way paternity leave is dealt with, particularly in relation to the require On 6th April 2024, the new Protection from Redundancy (Pregnancy and Family Leave) Act (the “Act”) comes into force. The Act serves to provide further protection […]

19 March 2024

In Sleaford Building Services Limited v Isoplus Piping Systems Limited, a dispute between the parties had been referred to adjudication at which it was found that Sleaford should pay Isoplus £323,502.32. Following the passing of the deadline for payment, and being on notice that Sleaford would contest the decision, Isoplus made an offer to settle […]

15 March 2024

After a long break away from the world of football, a team from #Berry Smith returned to the pitch at the Business Fives Cardiff tournament. Alongside competing against and networking with fellow Cardiff based companies, @Business Fives provides the opportunity to raise and win some well-deserved money for various charitable causes. After an afternoon of […]

14 March 2024

Lauren Parsons, Senior Associate at Berry Smith, considers the recent ruling in Parker-Grennan -v- Camelot UK Lotteries Ltd EWCA Civ 185. Background In 2023 Mrs Parker-Grennan claimed against Camelot in relation to an Instant Win Game she had played on the National Lottery website. The game gave players a chance to win between £5 and […]

6 March 2024

Apple has been fined a penalty of over £1.5bn by Brussels as a result of breaching competition laws. The fine has come following an investigation which found that Apple had purposely limited competition from music streaming services such as Spotify. Originally, the penalty was forecasted to be four times less than the final figure, leading […]

5 March 2024

On 8th March 2024, the new Paternity Leave (Amendment) Regulations come into force. The Regulations will change the way paternity leave is dealt with, particularly in relation to the requirements regarding notice and evidence. It will also make changes to the period within which paternity leave must be taken and the requirement to take paternity […]

5 March 2024

On 22nd February 2024, the Equality and Human Rights Commission published their first guidance on menopause in the workplace. Whilst the guidance does not constitute a change in the law, it does provide employers with clarification of protections under existing law which may apply to workers who are experiencing menopausal symptoms. Workers are already protected […]

27 February 2024

Following the referendum which took place in June 2016, the United Kingdom withdrew from the European Union. The UK’s departure has had a profound impact on cross-border trade in numerous ways. One aspect which has received less media attention, yet has had significant implications, is the changes to the law regarding parallel imports and exhaustion […]

22 February 2024

On 1 February 2023, the landmark judgment of the Supreme Court in the case of Fearn & Others v The Board of Trustees of the Tate found that the Tate Gallery’s viewing platform constitutes a legal nuisance.  Jane Rees, Associate at Berry Smith LLP, considers how this ruling could influence future claims in nuisance.   […]

15 February 2024

The concept of subscription contracts is not new; in fact these types of contracts are increasingly common and well-known across a range of industries. From gym memberships to Netflix, subscription contracts are common place in many aspects of our life. It is therefore not surprising that the Digital Markets, Competition and Consumer Bill (DMCC Bill), […]

12 February 2024

As a supposed alternative to litigation, Adjudication has consumed a lot of Court time recently.  The theme continues to be that the parties should “pay now and argue later” when it comes to Adjudication awards in one party’s favour. In other words, it is likely that the Court will uphold and enforce the decision of […]

30 January 2024

Employers and workers in the UK will be anticipating an increase in seasonal colds and flu at this time of the year, due to the cold weather. Sickness absence can be costly to employers, but also concerning for employees that need to take time off. Supporting employees and effectively managing sickness absence could help employers […]

30 January 2024

On 21 November 2023, the Government announced that it had accepted the Low Pay Commission’s recommendations on minimum wage rates to apply from 1 April 2024. This is the largest ever increase to the minimum wage in cash terms. From 1 April 2024, the national living wage will be extended from workers aged 23 and […]

26 January 2024

Mr Jenkins has acquired 52 per cent of the club from the Newport AFC Supporters Trust after a new ownership model was approved in September 2023 and sanctioned by the EFL. Paul Evans, Corporate Partner, led the team at Berry Smith which acted on the transaction. The takeover means that Mr Jenkins will not only […]

25 January 2024

Some of the lesser-known implications of the Renting Homes (Wales) Act 2016 – for both Landlords and Tenants, in the event of a contract-holder’s death. A year on from the eventual introduction of the long-awaited RHW Act 2016 last December, there has been significant discussion amongst practitioners, agents, landlords and tenants alike regarding some of […]

19 January 2024

First time buyers can experience significant challenges getting started on the property ladder. Increasing house prices coupled with rising living costs and rental expenses can make it seem impossible to save for a deposit. Turning to family, not just Mum and Dad but also siblings or Grandparents, to help fund part of a deposit is […]

19 January 2024

To be asked to act as someone’s executor, is, you would think, a great compliment. You are trusted to accept and to carry out the duties associated with the role proficiently. However, it can also be a burdensome and prolonged process, especially when you are grieving a loss. What is an executor? An executor (also […]

9 January 2024

Cerys Laskey, a solicitor at Berry Smith, considers the serious implications of failing to challenge the opposing party’s evidence in Court proceedings. The Supreme Court has recently handed down its much-awaited judgment in the case of Griffiths v TUI [2023] UKSC 48.  The dispute arose after Mr Griffiths contracted a serious stomach illness whilst on […]

2 January 2024

Lauren Parsons, Senior Associate at Berry Smith, considers the importance of registering a lease.  Since the Land Registration Act 2002 came into force on 13 October 2003 it is compulsory to register a lease at Her Majesty’s Land Registry (‘HMLR’) if the term of the lease is over seven years. The responsibility to register the […]

19 December 2023

In the most significant case regarding the relationship of the courts and out of court dispute resolution processes for almost 20 years, the Court of Appeal recently handed down a significant decision.     Until now, the seminal case on the topic was Halsey v Milton Keynes General NHS (2004) which established that the Court could […]

14 December 2023

Smooth commercial transactions are essential for the success of any company, regardless of size. Small businesses and large corporations alike rely on having robust, carefully drafted commercial contracts in order to facilitate successful commercial relationships. As we enter a new year, the importance of these contractual arrangements in a fast-paced commercial landscape cannot be overstated. […]

12 December 2023

Artificial Intelligence (AI) is revolutionising the way we interact with technology and the internet. It is a rapidly evolving technology that tries to simulate human intelligence using machines, enabling them to perform a wide range of tasks. Due to advancements at unprecedented pace, the resulting creations by the work of AI are raising questions in […]

12 December 2023

As the new year approaches, many businesses begin thinking about updating and amending their standard terms and conditions (and here at Berry Smith we recommend regular reviews) and are considering the key areas that may be of particular concern in the coming year. For example, in an attempt to tackle rising costs, we suggest businesses […]

6 December 2023

A new fixed recoverable costs regime came into force on 1 October 2023 which will have substantial impact on all civil cases issued in Court after that date for a value between £10,000 – £100,000.   The new rules fix the costs which a ‘winning’ party in litigation may recover from the losing party. There […]

29 November 2023

With the festivities in full swing, the aftermath of the office party can be open season for employment claims. Complaints of harassment are likely to be the first on the list in the sober light of day, with sexual harassment being the main contender. Recently the Worker Protection (Amendment of Equality Act 2010) Bill has received […]

29 November 2023

The Government has recently published its response to the consultation on ‘Retained EU Employment Law’, and to the consultation requirements under TUPE. It has also responded to the earlier consultation on calculating annual leave entitlement for part-year and irregular hour workers following the Supreme Court’s decision in Harpur Trust v Brazel. Working time record-keeping obligations […]

23 November 2023

Ofcom, the industry regulator for the Royal Mail has fined them £5.6 million for missing delivery targets. Under the rules dictated by the regulator, Royal Mail is required to deliver 93% of first class mail within one working day and 98.5% of second class mail within three working days. However, during the 2022-23 financial year, […]

16 November 2023

PWIDF Ltd is a Newport based specialist door manufacturer, locally renowned for quality and craftmanship. The company was founded by Paul White in 1996 and has since developed a strong reputation within the market due to the precision and high calibre of their fully compliant fire doors. Alongside the manufacture of bespoke fire doors, PWIDF […]

15 November 2023

In February 2023, the UK Government announced that they were reviewing the current payment practice regime as it is due to expire next April. The review, titled the ‘Prompt Payment and Cashflow Review’, includes focus on how successfully the current regulation was performing in relation to late payment and to determine whether it required extending […]

15 November 2023

We are thrilled to share that Berry Smith’s Employment and HR team has been shortlisted for the 2023 Wales Legal Awards in the ‘Employment Team of the Year’ category. The Employment and HR team is headed by Sarah Alford, Employment Partner, and made up of three other experienced, specialist employment lawyers, Michael Shutt, Caitlin Rees […]

31 October 2023

As of 12th October 2023, transferring personal data from the United Kingdom to the United States became simpler, due to the introduction of a new UK-US data bridge under the UK Extension to the EU-US Data Privacy Framework (DPF). The introduction of the UK-US data bridge allows personal data to be transferred to the US […]

31 October 2023

Access to Work is a government programme aimed at supporting individuals who have a physical or mental health condition or disability to take up or remain in work. To be eligible for Access to Work, the individual must: The support the employee receives will depend on their needs. Access to Work support covers a wide […]

31 October 2023

Following the outbreak of the Coronavirus pandemic, the hybrid system of working became more popular. A number of workers are now able to work in the office, at home or in some cases even from abroad. It is currently estimated that around 78% of companies allow a form of hybrid working, according to data from […]

31 October 2023

Berry Smith has again featured prominently in the publication of the two leading annual independent guides to the legal profession in England and Wales. In the recently published editions of both the Legal 500 and the Chambers & Partners guides, the firm is listed highly for Corporate and Commercial, Dispute Resolution, Commercial Property, Employment & […]

5 October 2023

In 2019, Coleen Rooney publicly accused Rebekah Vardy of leaking posts from her private social media account to the British newspaper, ‘The Sun’. Vardy responded with a lawsuit against Rooney, suing her for libel in a case that would be colloquially labelled as ‘Wagatha Christie’. Due to their relationships with famous British footballers, the name […]

28 September 2023

In the ongoing efforts to enhance the Employment Tribunal process, His Majesty’s Courts and Tribunals Service (HMCTS) introduced updated versions of the ET1 and ET3 forms on 3rd August 2023. The ET1 and ET3 forms are the proscribed forms which must be used in order to commence and defend a claim in the Employment Tribunal. Certain information must be […]

28 September 2023

There has been a recent case at the Inner House of the Court of Session (the Scottish equivalent of the Court of Appeal) which held that the benefit of a non-contractual share incentive plan transfers under the Transfer of Undertakings (Protection of Employment) Regulation 2006 (“TUPE”). This decision confirms that TUPE can cover share scheme […]

28 September 2023

Berry Smith Lawyers is pleased to support the Senedd Insight’s Creating Healthy Workplaces Wales conference, where Caitlin Rees, an Associate in the Employment & HR department, has been invited to speak at the event. Caitlin said I am really looking forward to speaking at the Senedd Insight’s Creating Mentally Healthy Workplaces Wales Conference on Thursday 19 […]