News

26 March 2020

The Coronavirus outbreak has demanded a significant change in not only the way we operate in our daily lives but also in the way we operate our businesses and practices. As we are all aware, social-distancing is imperative in ensuring that the Covid-19 infection is limited as much as possible. Of course, for many businesses, […]

25 March 2020

Following the announcement of the increased restrictions on Monday evening, members of the public should only leave the house to:- Shop for basic necessities, as infrequently as possible; Exercise, once per day; Obtain necessary medical care, or to provide care or help to a vulnerable person; and/or Travel to/from work (where absolutely necessary) What do […]

25 March 2020

With rising concerns about Coronavirus, we want to advise our clients that we are taking all appropriate steps to ensure the continuity of our business and service to you. Berry Smith LLP remains open but if we are required to close our offices, we have contingency plans in place to enable our staff to work […]

24 March 2020

As the Coronavirus/COVID-19 pandemic develops here in the UK, we have continued to receive queries from both individuals and employers on how various employment issues should be dealt with as a result of the Coronavirus. We have therefore set out a list of frequently asked questions. As the pandemic is continually changing and advice issued […]

24 March 2020

The impact of Covid-19   As of Monday morning (23 March), there were 5,683 confirmed cases of Covid-19 or Coronavirus in the UK. Social distancing and other measures imposed by the government have had a significant impact on every aspect of life, including business. Businesses up and down the country are grappling with previously unforeseen […]

24 March 2020

With the Coronavirus/COVID-19 pandemic continuing to develop here in the UK, both employers and workers may suffer financially in the coming weeks and months. In an effort to assist both employers and employees during this crisis, the Government announced a number of measures on 20th March 2020, which included access to support under the Coronavirus […]

18 March 2020

With the global outbreak and rapid spread of Coronavirus, Governments and businesses around the world are endorsing preventative measures to contain and delay the spread of the infection, including closing schools and businesses and restricting travel. While these measures are, of course, being taken in the interests of health and well-being, there will inevitably be […]

17 March 2020

As the impact of Coronavirus (COVID-19) on business and the economy continues to escalate, the construction sector faces the prospect of imminent and widespread site shutdowns. This will inevitably lead to claims by employers for delay and LADS and claims by contractors for prolongation and loss and expense. An issue that has yet to be […]

5 March 2020

As of 16th March, a total of 1,543 people in the UK have tested positive for the Coronavirus (COVID-19). Based on the World Health Organisation’s declaration that this is a public health emergency of international concern, the UK Chief Medical Officers have raised the risk to the UK from low to moderate. As public concern […]

2 March 2020

Q – My husband and I were married in Pakistan, but have lived in Wales since our marriage (of more than 20 years). We were divorced several years ago, in Wales, and agreed the financial arrangements and obtained an order with the help of solicitors. Everything was amicable. I have now received court papers, from […]

25 February 2020

On 1 January 2020, upon the arrival of a new decade, an updated version of the International Chamber of Commerce’s (ICC) Incoterms rules came into force. Incoterms are a set of rules which facilitate the conduct of global trade between a seller and a buyer, covering some of the practical elements of a contract (such […]

12 February 2020

As the costs involved in replacing Aluminium Composite Material cladding systems continue to escalate, Gavin Hoccom, Senior Associate at Berry Smith, considers the implications for construction professionals and property owners. The tragedy which befell the Grenfell Tower requires no introduction. Its cause has been widely attributed to the Aluminium Composite Material (ACM) panels in which […]

6 February 2020

The UK is no longer a member of the European Union. Brexit has at last, taken effect (albeit not fully). Many aspects of UK law and regulation, particularly in respect to trade, have been underpinned by that of the EU and, consequently, many organisations will be concerned about the impact of Brexit on their commercial […]

30 January 2020

In the recent case of Casamitjana v League Against Cruel Sports, an Employment Tribunal ruled that ethical veganism is a philosophical belief that is protected by law against discrimination. Background In this case, the Claimant, Mr Casamitjana claimed that he was unfairly dismissed by the Respondent, an animal welfare charity, as a result of him […]

30 January 2020

April 2020 will be an important month for both employers and us as employment lawyers, with a number of changes to the law being implemented. This article is intended to provide a heads up for employers as to those changes, so as to enable plenty of time to prepare. Written statement of key terms/employment particulars […]

12 December 2019

Dan Dowen, an associate in our commercial department, considers the GDPR implications of sending out corporate Christmas cards. As we enter the season of merry festivities, we have started to receive some interesting questions about GDPR, such as, when Santa Claus makes his list of children’s names, is he in contravention of GDPR and should […]

11 December 2019

Paul Evans, Senior Associate at Berry Smith LLP, considers the issues surrounding GPs leaving practices and the safeguards that can be put in place to preventing a single partner from being left personally responsible for the liabilities of a practice. Background GP Practices across England & Wales are being forced to operate with significant gaps […]

11 December 2019

With the festivities in full swing, too many employers will be letting their guard as well as their hair down this Christmas. The aftermath of the office party can be open season for employment claims.  In legal terms, no other time of year should come with quite so many health-warnings.  We set out some tips […]

9 December 2019

There is plenty of snow forecast for January 2020, which will no doubt cause concerns for both employers and employees. Some employees may be wondering how they are going to get to work due to travel disruptions and employers will have to deal with the difficulties surrounding absences, health and safety and pay. We have […]

8 December 2019

As construction company failure rates show little sign of improvement, Gavin Hoccom, Senior Associate at Berry Smith, considers the position of the construction company entering or facing insolvency as a consequence of non-payment by an employer. It is a common occurrence: a construction company faces insolvency for no reason other than its employer has taken […]

3 December 2019

Berry Smith is delighted to have advised the management team of Just Rollers on its recent buy-out of the Cwmbran based business. Originally founded in 1970, Just Rollers is the largest rubber and polyurethane industrial roller manufacturer in the UK, with sales growth of over 66% in four years and a long held reputation for […]

1 December 2019

Benjamin Delve, of Berry Smith Lawyers, considers how a landmark case saw the redefining of the word ‘mother’ Largely drowned out by recent Supreme Court rulings and the noise around Brexit, the Rt Hon Sir Andrew McFarlane (the President of the Family Division) made a landmark ruling in the High Court on 25 September 2019. […]

1 December 2019

In the beloved Christmas film, Home Alone, Kevin, a young boy accidentally left at home for the Christmas holidays, leaves the following message for Santa Clause: “This is extremely important. Will you please tell Santa that instead of presents this year, I just want my family back?” The Christmas season is a special time for […]

22 November 2019

Background Bentley Clothing, a Manchester-based family firm issued proceedings for trademark infringement against the world-renowned luxury car manufacturer, Bentley Motors. Bentley Clothing has been selling clothing under the brand name ‘BENTLEY’ since 1962 and have registered and owned the trademark for clothing since 1982. However, in 1987 car giant Bentley Motors also began to sell […]

19 November 2019

This Thursday, 21st November is Carers Rights Day, which is a day where organisations come together to help carers understand their rights and help them find out how they can get the help and support they are entitled to. A study carried out by Carers UK found that 5 million people in the UK are […]

12 November 2019

This week is Anti-Bullying Week, which is a week where businesses, schools and members of the public come together to take a collective stand against bullying. This article considers what bullying and harassment mean in a legal context and specifies some measures that employers can put in place to prevent and address bullying in the […]

7 November 2019

Once again, Berry Smith features prominently in the recently published independent guides to the legal profession in the UK. In both the respected Legal 500 and Chambers & Partners guides Berry Smith is recognised as one of the leading law firms in Wales. It is recommended in a record number of 13 areas of practice […]

30 October 2019

In the recent case of Conisbee v Crossley Farms Ltd, the Employment Tribunal held that vegetarianism is not a protected characteristic. Facts The Claimant is a vegetarian and he worked for the Respondent as a waiter for 5 months before resigning. The Claimant brought a claim of discrimination on the grounds of religion and belief, […]

30 October 2019

As World Menopause Day took place on 18th October, it is time to address the taboo that exists in the workplace. Menopausal women are the fastest growing demographic in the workforce. Employers must therefore ensure that they are aware of their legal obligations and what they can do to support their staff. Research demonstrates that […]

10 October 2019

Due to the high level of demand, Berry Smith has released an extra date for this training seminar. It is aimed at HR professionals and managers with HR responsibilities which will be hosted by Sarah Alford, a senior associate and Wendy Stamp, a HR consultant in the Employment & HR team. Places for the seminar […]

8 October 2019

With the Rugby World Cup already underway, some employees may be ready to kick back and relax and enjoy the tournament. However, some employers may have concerns regarding how to maintain a productive workplace during the rest of the tournament, which runs until 2 November. In particular this may be a concern given that the […]

8 October 2019

April 2020 will be an important month for both employers and us as employment lawyers, with a number of changes to the law being implemented. This article is intended to provide a heads up for employers as to those changes, so as to enable plenty of time to prepare. Holiday reference period From 6th April […]

12 September 2019

Leading Welsh law firm, Berry Smith, is celebrating the success of a double nomination at the Wales Dealmakers Awards 2019 this Summer. The awards, which are set to be held on September 26 at the Mercure Holland House hotel in Cardiff, will recognise the top acquisitions, funding deals and buyouts in Wales, bringing together the […]

11 September 2019

Jane Rees, Associate at Berry Smith LLP, considers the steps that can be taken should parts of a tree encroach onto your property.     Whilst trees can add a great deal of beauty to our surroundings, problems can arise when they are not maintained properly.  So, what can you do if the branches of a […]

5 September 2019

  In the recent case of Okedina v Chikale, the Court of Appeal (CA) ruled that an employment contract was enforceable despite immigration rules being breached. Facts Ms Chikale, a Malawian national worked as a live-in domestic worker for Mrs Okedina in the UK, after Mrs Okedina had obtained a six months visa for her.  […]

5 September 2019

In our January 2019 newsletter we addressed the consultation published by the Department for Business, Energy and Industrial Strategy (BEIS) titled “Pregnancy and maternity discrimination: extending redundancy protection for women and new parents”. Within this consultation the BEIS proposed to the government that women and new mothers who have recently returned to work should be […]

20 August 2019

What is ring-fencing? By 1 January 2019, all UK banks with more than £25 billion in retail deposits were required to have separated their retail banking services from their investment banking, also known as ‘ring-fencing’. Ring-fencing aims to increase stability in UK banks and support consumer banking by protecting it from unrelated risks in the […]

16 August 2019

Lauren Parsons, Solicitor at Berry Smith, considers the liabilities of landowners in respect of the presence of Japanese Knotweed on their land.    After the Court of Appeal’s decision in Williams v Network Rail Infrastructure Limited, it is vital that landowners are aware of their rights, responsibilities and liabilities in respect of Japanese Knotweed.   […]

10 August 2019

Q – My partner and I recently separated following a lengthy relationship. We have one child together, aged 9, who lives with me. Following our separation my partner has moved to Dubai, to work, and is refusing to make any financial contributions for our son. What can I do?   A – If you are […]

9 August 2019

Berry Smith is holding a training seminar aimed at HR professionals and managers with HR responsibilities which will be hosted by Sarah Alford, a senior associate and Wendy Stamp, a HR consultant in the Employment & HR team. Places for the seminar are selling out quickly, so book now to avoid disappointment       […]

6 August 2019

In the case of Tillman v Egon Zehnder Ltd, the Supreme Court has upheld a non-compete restriction in the first employment competition case to have reached the court in over a century. Ms Tillman was a former investment banker for management consultancy firm Egon Zehnder. Her employment contract included a non-compete clause that aimed to […]

16 July 2019

Landlords must be sure leases are correctly drafted to enable action against tenants who are not paying their rent. In a challenging environment for landlords, it is vital they are aware of the options available to them should they face a non-paying tenant. When a lease is being drafted, it is important for landlords to […]

12 July 2019

What is a pre-nup? A ‘pre-nup’, or pre-nuptial agreement, is a legal agreement entered into by a couple prior to their marriage. Usually, the agreement will set out how the couple intend to manage their financial affairs. We didn’t get a pre-nup, but can we get a post-nup? Nuptial agreements can be entered into before, […]

12 July 2019

Sarah Alford, a senior associate specialising in employment and HR law at Berry Smith Lawyers, offers a practical guide to help organisations recruit the right employee The success of a business often turns on the skill and commitment of its staff.  Therefore, finding the right person for the job is crucial for any organisation. Despite […]

11 July 2019

The recent case of Miss N Lomana Otshudi v Base Childrenswear Ltd, serves as a reminder to employers that acts of discrimination can have significant financial consequences. Background In this case, the Claimant, Miss Otshudi, was dismissed after three months’ employment. The Respondent stated that the reason for her dismissal was redundancy. Miss Otshudi appealed […]

9 July 2019

“Surprised and disappointed” was British Airways’ (BA) response to the news that, following an extensive investigation into the cyberattack on BA in 2018, they would be the first organisation to be fined by the Information Commissioners Office (ICO) for infringements of the General Data Protection Regulation (GDPR). Let’s recap…. In September 2018, BA discover they […]

7 July 2019

Celebrity press has reported this week that Nicholas Cage’s marriage to Eika Koike came to a prompt end on 31st May when the judge in Clark County, Nevada, granted the divorce just over two months after they were married on 23rd March 2019. The couple had been married only 4 days before Nicholas Cage applied […]

28 June 2019

Given the ever-increasing rate of construction company failures, Gavin Hoccom, Senior Associate at Berry Smith, considers the protection which suppliers to the construction industry may obtain through the use of retention of title clauses. The last 12 months have been a torrid time for the construction sector, with the collapse of an estimated 943 construction […]

27 June 2019

In the past few years there has been a lot of discussion regarding sexual harassment in the workplace. In addition, stories regarding high profile figures such as Sir Phillip Green using non-disclosure agreements to cover up allegations of sexual harassment have come to light and the “me too” movement began. Following this highly topical issue, […]

18 June 2019

It is important that employers get the position right when it comes to employee references as an employer could potentially be liable to the employee and the new employer if they get it wrong. This article therefore includes some top tips for employers to consider when providing employee references. Generally an employer has no legal […]

7 June 2019

Leading UK Law Firm Appointed By Cancer Charity Leading law firm, Berry Smith, has been appointed by Tenovus Cancer Care as its new legal representative. The award-winning law firm, which has offices based across the UK, has been appointed by the Welsh charity to oversee its legal affairs following a competitive tender process completed at […]

4 June 2019

Berry Smith acted for AIM listed Yourgene Health Plc, the international molecular diagnostics group on its acquisition of Delta Diagnostics (UK) Limited, which trades as Elucigene, for a consideration of £9.2 million. Elucigene is a Manchester based, molecular diagnostics manufacturer and developer, whose products focus on reproductive health and oncology, including products for cystic fibrosis […]

28 May 2019

Introduction In the case of Antuzis v DJ Houghton, the High Court has ruled that directors of a limited company can be personally liable for causing the company to act in breach of its contractual and statutory obligations. Facts The Claimants were employed by the Respondent, DJ Houghton Catching Services, as chicken catchers. They were […]

26 May 2019

Q. I have lived with my partner for 10 moving, and we are looking to purchase a property together. We will be purchasing the property with the assistance of a mortgage and I will be paying the deposit, using some money I have saved. If we sell the property in the future, I would like […]

25 May 2019

Q – My partner and I are currently considering having a child through a surrogacy arrangement, as we are unable to have children ourselves. Fortunately, a friend of ours has agreed to act as a surrogate and we have started discussing what should happen. Do we need a contract? A – Surrogacy arrangements have been […]

25 May 2019

Q – I have a 5 year old son from a relationship which ended two years ago. Whilst our separation was amicable, we’ve had little success in determining the childcare arrangements and it seems like my former partner is contesting every facet of our son’s life. Last year, with the help of mediation, we were […]

14 May 2019

Unfortunately, grievances do arise in the workplace and employers may therefore be faced with the daunting and time-consuming task of dealing with the complaints raised. Employers need to ensure that they know what to do when a grievance is raised and how to minimise the risk of potential claims and upset to staff. Dealing with […]

6 May 2019

Leading commercial law firm, Berry Smith, has strengthened its team with a series of key promotions. The independent Welsh law firm has promoted six of its team members in its Cardiff and Bridgend offices. Paul Evans and Sarah Alford are promoted to the role of Senior Associate with Dan Dowen, Michael Shutt, Benjamin Delve and […]

30 April 2019

Increasingly in recent years, a work life balance has become more and more important for employees and as a result some employers will have seen an increase in flexible working requests. It is therefore important that employers know how to deal with flexible working requests fairly and objectively in order to minimise the risk of […]

17 April 2019

Financial penalties for employers On 17th December 2018, the government published the Good Work Plan which set out the government’s vision for the future of the UK labour market. Within the plan the government committed to a range of policy and legislative changes. As a result of the Good Work Plan, the Employment Rights (Miscellaneous […]

25 March 2019

In the case of Gan Menachem Hendon Ltd v De Groen, the Employment Appeal Tribunal (“EAT”) has held that a Nursery worker was not subjected to direct discrimination on the ground of religion or belief when she was dismissed from a Jewish nursery for cohabiting with her boyfriend. The Claimant, Zelda De Groen, was employed […]

15 March 2019

In the case of Network Rail Infrastructure Ltd v Crawford, the Court of Appeal (“CA”) has held that a worker’s right to a compensatory rest break under the Working Time Regulations 1998 need not be an uninterrupted rest break of 20 minutes where workers fall within a number of “special cases”. Under regulation 12(1) of […]

1 March 2019

Q. One of my friends has told me that she and her husband have transferred their property to their children to avoid care home fees. Is this something I should consider? A. If you transfer your property to your children, you have no legal right to continue living in the property. It is only with […]

26 February 2019

  April is an important month for employers and us as employment lawyers – it is when we see a raise in rates and certain statutory payments. There are also some changes to the law surrounding itemised payslips.   From 1 April 2019 the following increases to the National Minimum Wage and National Living Wage […]

20 February 2019

Alexandra Mitchell, Solicitor at Berry Smith, considers the recent changes proposed by The Law Commission to the RTM legislation. Changes have been proposed by The Law Commission to make it less complicated for leaseholders to obtain control of the day to day management of their buildings in England and Wales. They have released a 3 […]

19 February 2019

In the case of Federación de Servicios de Comisiones Obreras (CCOO) v Deutsche Bank SAE, Advocate General Pitruzzella provided his opinion that under the EU Charter of Fundamental Rights and the EU Working Time Directive, employers should keep records of actual daily hours worked for full-time workers who have not expressly agreed to work overtime. […]

7 February 2019

In the case of Chatfield-Roberts v Phillips & Universal Aunts Limited, the Employment Appeal Tribunal (“EAT”) held that the right to use a substitute can be consistent with employee status. The Claimant worked as a live-in carer for the first Respondent’s uncle, Colonel Henry Brooke. The second Respondent, Universal Aunts Limited was an agency that […]

6 February 2019

In the case of Lamb v The Garrard Academy, the Employment Tribunal (“ET”) erred in determining that an employee off sick for four months with PTSD was not disabled. The Claimant, Ms Lamb had worked for the Respondent, The Garrard Academy as a teacher. In March 2012, the Claimant raised two grievances and despite being […]

6 February 2019

In the case of Ameyaw v PWC, the Employment Appeal Tribunal (“EAT”) held that the Employment Tribunal (“ET”) does not have the power to remove judgements from the on-line public register. The Claimant, Miss Ameyaw, applied to have a previous ET judgment, removed from the public register, or in the alternative she asked for her […]

5 February 2019

In the case of J v K and another, the Court of Appeal (“CA”) granted an extension of time to appeal as the Appellant had not been notified that the Employment Appeal Tribunal (“EAT”) could not accept emails exceeding 10MB. Appeals must be received by the EAT no later than 42 days from the date […]

5 February 2019

In March 2016, the Department for Business, Energy and Industrial Strategy (BEIS) and the Equality and Human Rights Commission (EHRC) carried out research into pregnancy and maternity issues at work.  It revealed that 77% of women reported negative experiences at work related to their pregnancy or maternity. In addition, research carried out by the Women […]

1 February 2019

Q – I have recently got engaged and am in the process of planning a Summer Wedding. I really want to get married on the beach in West Wales. Is this possible? A – Couples who choose to marry in Wales, or England, can get married in a register office, a building of the Church […]

1 February 2019

Q. I have read in the newspaper that siblings could soon enter into civil partnerships. Is this correct? A. Currently, under the Civil Partnership Act 2004, two people of the same sex may be registered as civil partners. Prior to the implementation of the Marriage (Same Sex Couples) Act 2013, registration as civil partners was […]

25 January 2019

A married couple have succeeded in having a restrictive covenant modified to allow them to build more than one house on part of their land. The couple had bought the land together with a farmhouse in 2001 for £600,000 from a college. They then obtained planning permission allowing them to convert two outbuildings, the “Modern […]

24 January 2019

Connected Capital Networking, powered by NatWest and supported by Berry Smith Lawyers, is back For 2019! We look forward this time to welcoming you to the NatWest Entrepreneur Accelerator Hub in Cardiff for an evening of Networking & Refreshments. Connected Capital Networking Cardiff is an event exclusively for young professionals & business owners in Cardiff and […]

15 January 2019

Nick Parker, a dispute resolution partner at Berry Smith Lawyers and a civil and commercial mediator, considers changes ahead in commercial dispute resolution. The start of a new year gives an opportunity to look forwards.  The landscape of commercial dispute resolution faces significant change in the year ahead, building on issues have been the subject […]

9 January 2019

In the case of Williams v Trustees of Swansea University Pension and Assurance Scheme, the Supreme Court has held the calculation of a disabled employee’s pension entitlement using his reduced, part- time salary (as opposed to his earlier full- time salary, prior to reasonable adjustments) did not constitute unfavourable treatment for the purposes of section […]

9 January 2019

The Women and Equalities Committee (WEC) has published the Government’s response to its report on sexual harassment in the work place. The WEC report, which was published in July 2018, identified a number of limitations with current laws and practices, and called for various reforms in an effort to tackle sexual harassment in the workplace. […]

9 January 2019

In Uber B.V. and others v Aslam and others, the Court of Appeal has upheld the Employment Appeal Tribunal’s (“EAT”) decision that Uber drivers are workers rather than self- employed contractors. Uber allows customers to use a mobile phone app to book a ride with drivers that also have the app. The drivers own their […]

9 January 2019

In the case of Stefanko and others v Maritime Hotel Ltd, the EAT has held that the Claimant should have received a statement of particulars despite the fact that she was only employed by the Respondent for 6 weeks. Under section 1(2) Employment Rights Act 1996, an employee is entitled to receive a statement of […]

9 January 2019

In the case of Barnard v Hampshire Fire and Rescue, the Employment Appeal Tribunal has held that a series of role changes or promotions will not necessarily break the ‘stable working relationship’ for the purposes of calculating time limits for an equal pay claim. Under the Equal Pay Act 1970, a Claimant has 6 months […]

9 January 2019

On 17 December 2018, the government published the “Good Work Plan”, which it has described as “the biggest package of workplace reforms for over 20 years”.  The publication sets out further detail on its response to the Taylor Review, which was a review carried out into working practices in the UK.  The government has also […]

9 January 2019

In the recent case of R (on the application of the Independent Workers Union of Great Britain) v Central Arbitration Committee [2018] EWHC 3342, the High Court has agreed with the Central Arbitration Committee’s (“CAC”) finding that a group of Deliveroo riders are not workers for the purposes of collective recognition, because their contracts contain […]

13 December 2018

Although trademark registration is not compulsory in the UK, it is certainly advisable. Securing a registered trademark protects your brand and provides you with the tools and mechanisms to prevent someone using similar signs and making money off the back of your business. As part of our recent campaign encouraging businesses to register trademarks, we […]

13 December 2018

Gavin Hoccom, Senior Associate at Berry Smith, considers the implications for directors and shareholders following a recent decision of the High Court in relation to the use of a limited company to avoid payment to a building contractor for construction works. According to the most recent government statistics, there were 5.7 million small and medium […]

6 December 2018

Paul Evans, Associate at Berry Smith, discusses the importance of partnerships having in place a well drafted, up to date partnership agreement. Many traditional businesses still operate as a partnership instead of incorporating as a limited company. The partnership model offers a lot of advantages to those who choose to run their business this way. […]

4 December 2018

ACAS have recently issued fresh guidance on performance management, following research undertaken by NatCen Social Research on its behalf. The research found that: Only 1 in 4 employers adapt performance management systems for staff with special needs and disabilities and conditions such as dyslexia and autism Only one in ten employers used performance management systems […]

4 December 2018

In Tribunalul Botoşani v Dicu (Case C-12/17), the ECJ has held that a Romanian law which ‘suspends’ the employment contract during parental leave and prevents the accrual of annual leave during this time is permissible, and does not infringe the Working Time Directive. Ms Dicu was a Judge at the Royal Court of Botosani. After […]

3 December 2018

Q. My partner and I have lived together for 5 years and would like to ‘take our relationship to the next level’. However, neither of us are particularly religious and we are considering, rather than marriage, entering into a Civil Partnership. We aren’t the same sex, however; is this an issue? A. Since the Civil Partnership […]

22 November 2018

Every business will have some form of Intellectual Property (IP), from larger corporate companies down to local family run businesses. It’s the product or services that you have developed that sets you apart from your competitors. We know that, as a business, there are numerous issues you will face involving the development of the product, […]

20 November 2018

In the case of Hargreaves v Manchester Grammar, the Employment Appeal Tribunal (“EAT”) held that the failure of the employer to disclose evidence in favour of the employee to a disciplinary panel did not render the dismissal unfair. The Claimant was employed by the Respondent as a teacher and had an unblemished career, until it […]

12 November 2018

In the case of British Airways plc v Pinaud, the Court of Appeal (“CA”) held that a worker who was required to work 53.5% of full-time hours but was only paid 50% of full-time pay had been treated less favourably.  The Claimant, Ms Pinaud, was employed by British Airways as a cabin crew purser. She […]

12 November 2018

In the case of George v London Borough of Brent, the Employment Appeal Tribunal (EAT) has commented that a redundancy dismissal is likely to be unfair where an employer fails to comply with a contractual obligation to offer a trial period for an alternative role. The Claimant had been employed by the Respondent as a […]

12 November 2018

In the case of Addison Lee Ltd v Lange & Ors, another recent ‘gig-economy’ case brought against the taxi and courier firm Addison Lee, the Employment Appeal Tribunal (EAT) held that private hire drivers were workers and not independent contractors. The three Claimants were private hire drivers for Addison Lee. They brought claims against the […]

12 November 2018

In the case of Wood v Durham County Council, the Employment Appeal Tribunal (EAT) held that a tendency to steal, which the employee claimed to be a manifestation of his post-traumatic stress disorder (PTSD) and associative amnesia, was not an impairment and therefore does not meet the definition of disability for the purpose of bringing […]

9 November 2018

We are delighted to see that Berry Smith features prominently in recently published independent guides to the legal profession in the UK. In both the prestigious Legal 500 and Chambers & Partners guides Berry Smith is recognised as a leading law firm in Wales, and is recommended in a record number of 13 areas of […]

30 October 2018

On 25th October, the Information Commissioner’s Office (ICO) fined Facebook £500,000 for its serious breach of data protection laws between 2007 and 2014. This follows a Notice of Intent to fine Facebook which was issued in July 2018 as part of the ICO’s wider investigation into the breach. Upon conclusion of its investigation, and having […]

25 October 2018

In the case of R v Minister for the Cabinet Office, the Administrative Court held that government negotiators had not made an express promise concerning consultation over a government department’s remit for negotiating pay. The Claimants in this case consisted of three independent trade unions who represented 200,000 civil servants employed by government departments, agencies […]

25 October 2018

Dan Dowen, a solicitor in the commercial department at Berry Smith, provides an update on this week’s breaking news surrounding the Morrisons’ data leak. The Court of Appeal upheld a High Court decision that Morrisons is liable for a data breach that resulted in thousands of their employees’ details being posted online by a disgruntled […]

24 October 2018

In the case of Hawkes v Ausin Group (UK) Ltd, the Employment Appeal Tribunal (EAT) held that the failure of the Respondent to hold a meeting with the Claimant before his dismissal, did not render the dismissal unfair.   The Claimant was a volunteer reservist with the Royal Marines and was employed by the Respondent […]