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Failure to Follow Acas Code Leads to Increased Award

Where an employer has unreasonably failed to comply with the Acas Code of Practice on Disciplinary and Grievance Procedures, an Employment Tribunal (ET) may uplift an award of compensation by up to 25 per cent, as a recent case demonstrates ( Smith v Amadeo...

Landlords Had Reasonable Excuse for Failure to License HMO

A couple who let out a house in multiple occupation (HMO) have defeated an application for a rent repayment order under Section 41 of the Housing and Planning Act 2016 on the basis that they had a reasonable excuse for failing to license the property as an...

ICO Issues Reprimand to NHS Trust Over SAR Response Delays

An NHS trust has been issued with a reprimand by the Information Commissioner's Office (ICO) for failing to respond to subject access requests (SARs) in a timely manner. Article 12(3) of the UK General Data Protection Regulation (GDPR) requires data...

ET Substituted Own View in Bus Driver's Unfair Dismissal Claim

The Employment Appeal Tribunal (EAT) has upheld an appeal against a decision of the Employment Tribunal (ET) that a bus driver was unfairly dismissed, finding that the ET had erred in substituting its own view for that of the employer ( Metroline Travel Ltd...

Settlements Paid 'in Lieu of Penalties' Were Tax Deductible

It is a general rule that payments in the nature of penalties may not be deducted for the purpose of calculating taxable profits. The Court of Appeal recently considered whether the rule prevented payments made to consumers and consumer organisations in...

UT Upholds Decision to Appoint Manager of Block of Flats

The Upper Tribunal (UT) has upheld a decision to appoint a manager of a block of student flats under Section 24 of the Landlord and Tenant Act 1987 . The landlord of the block had let the flats to investment purchasers on long leases. A number of the...

Right to Neonatal Care Leave Confirmed

The government has confirmed that, subject to Parliamentary approval of the regulations implementing the change, parents with babies in neonatal care will be entitled to Neonatal Care Leave from 6 April 2025. Neonatal Care Leave will apply to parents of...

Breach of Contract Claims Must Go to Trial, Court Rules

The Intellectual Property Enterprise Court has refused applications to strike out two claims of breach of contract, or alternatively for summary judgment on the claims, concluding in each case that the claim must go to trial . The claims involved two...

Debt Advice Company Fined for Unsolicited Texts

Businesses that rely on data supplied by third parties for marketing purposes should undertake timely due diligence to ensure that the necessary consent for such use has been obtained. The consequences of failing to do so were demonstrated recently when the...

Second Early Conciliation Certificate Did Not Extend Time

The Employment Appeal Tribunal (EAT) recently ruled that an Employment Tribunal (ET) claim brought nearly three months after the issuing of an early conciliation certificate was out of time, notwithstanding the fact that a second early conciliation...
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