A property management company effectively validated a break clause notice by accepting it as an email – even though the lease required more formal notification. The case involved a tenant who leased commercial premises for a term of ten years starting on 1st March 2005. The break clause allowed for termination of the lease after
The number of companies going out of business in England and Wales fell dramatically last year, according to figures from the Insolvency Service A total of 4,905 businesses went into receivership or administration, or entered into company voluntary arrangements in 2010. That was a fall of 23% on 2009, which was the record year for
Great care is needed when drawing up restrictive covenants; if they are not tight enough they may not be effective, but if they are too restrictive the courts may not enforce them. A recent case gives a good insight into how the courts may view certain anti-competition clauses. It involved an estate agency and one
Landlords who rent out a holiday home on a regular basis will soon need an Energy Performance Certificate or risk facing a fine. Until now, the certificates have not been necessary for short holiday lets where there is no intention to create a tenancy. That will change on 30th June when certificates will be needed
Buying and selling businesses can be fraught with difficulties as highlighted in a recent case before the High Court. It involved a company that wanted to sell one of its subsidiaries. A Chief Operation Officer was appointed to oversee the sale and a purchaser was found. The officer prepared an information memorandum which described the
Unpaid volunteers are not ‘employees’ as far as anti-discrimination law is concerned and so they do not have the same protection as paid workers. That was the ruling of the Court of Appeal in the case of a volunteer who worked for the Citizens Advice Bureau (CAB). When the CAB told her it no longer
The maximum limits for redundancy payments and awards for various employment rights cases have risen in line with the annual index-linked formula. The limits are linked to the Retail Prices Index, which rose by 4.6% during the qualifying period from September 2009 to September 2010. The maximum compensation that can be awarded for unfair dismissal
New rights providing additional paternity leave and pay for fathers have now come into effect. The new rights apply to fathers whose partners gave birth on or after 3rd April this year. They allow fathers to take up to 26 weeks leave to care for their child providing they fulfil certain conditions. The additional paternity
Employers now have new rights to take positive action when looking at candidates for recruitment and promotion. The aim is to help create a greater diversity in the workplace, but there are strict controls. The new rules, effective from 6th April, mean that if all else is equal, an employer can select a candidate who
The High Court has ruled that a limited liability partnership had no right to expel one of its partners because there was no binding agreement giving it the necessary powers. The case involved a recruitment agency in which the three members had marketed themselves as partners since 2004. They then started to consider becoming a