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If there has been a breach of contract or there is a tortious issue in construction proceedings (i.e. professional negligence) then the innocent party will normally wish to commence proceedings to obtain a remedy for any loss they have suffered as a result. There are numerous means through which construction disputes can be resolved – …

If you’re involved in a dispute over copyright or think that your intellectual property in a work may be being infringed then you’ll want to know your rights relating to the work. This post therefore examines when you are entitled to copyright in a work (when copyright “subsists”) and a further post will examine what …

Absences from work can take a variety of forms. A worker may exercise their legitimate contractual or statutory right to not attend work in the following circumstances: for annual holidays, public holidays, to attend a training course, to take maternity, paternity or adoption leave, to care for dependants,  as a result of a bereavement, to …

If you think that you may be made redundant or have already been dismissed for redundancy then you have the right to statutory (or contractual, if applicable) redundancy pay (s.135 Employment Rights Act 1996 (“ERA 1996″)). Should your employer become insolvent or fail to pay all or part of your statutory redundancy pay then it …

If you have been notified that you may be made redundant or (if you’re an employer) think that you may need to make redundancies then the there are two things that must be considered. Firstly, what rights the employee has in a redundancy situation and, secondly, how the redundancy procedure should be conducted to prevent …

It is common ground that the court and tribunal system should deal with legal disputes in a fair manner, giving equal weights to the need for justice both for the Claimant and the Defendant (or Respondent, as this case was in the Employment Tribunal). Should the court fail to act in a fair manner it …

The Data Protection Act 1998 (“DPA 1998”) can be a thorn in the side of employers if proper attention isn’t paid to the requirements of the DPA 1998 and its consequent obligations. This post will therefore examine the obligations that employers are under regarding the DPA 1998 and what employers should do to ensure compliance. …

It’s that time of the year again. On the 1st February 2012 the annual inflation-linked increase in the maximum Employment Tribunal awards kicks. Inflation (in September 2011) was running at 5.6% according to the Retail Price Index (“RPI”) so the following award caps have been increased by 5.6%: 1. The maximum award for unfair dismissal …

Over the last ten years social media has become ubiquitous. Social networking on Facebook, professional networking on Linked In, and a mixture of both on Twitter, among others. Everyone uses it, all the time. The benefits of these services are fairly clear – new opportunities for business, a virtually limitless audience for marketing, and the …

Being summoned to a disciplinary hearing can be quite an unnerving event. If you are being disciplined or believe you may be disciplined please find below a list of issues to consider. If you are or may be subject to a disciplinary in the workplace (but a sanction hasn’t yet been decided The ACAS Code …