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No Transfer of Vicarious Liability Under TUPE, High Court Rules

When a transfer of a business takes place to which the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) applies, does any vicarious liability of the original employer to a third party for wrongdoing by an employee transfer to the...

Restaurant Company Did Not Suppress Sales, FTT Rules

A restaurant company has partly succeeded in its appeal against VAT and Corporation Tax (CT) assessments and penalties raised by HM Revenue and Customs (HMRC), in a case which illustrates the importance of thorough record keeping. The company operated a...

Freezing Order Discharged Due to Lack of Full and Frank Disclosure

The High Court has discharged a worldwide freezing order and an access and imaging order applied for without notice against a holding company and one of its directors, finding that the application had been made without full and frank disclosure. The...

EAT Upholds Appeal Against Driver's Additional Pay Award

The Employment Appeal Tribunal (EAT) has allowed an employer's appeal against a decision that there was an implied term in a lorry driver's contract that entitled him to be paid for additional hours worked beyond his intended normal working hours ( Brake...

Software Company Fined Over £3 Million After Cyber Attack

A software company that provides data processing services to organisations, including the NHS and other healthcare providers, has been fined more than £3 million by the Information Commissioner's Office (ICO) following a ransomware attack. The attack...

EAT Upholds Dismissal of Racial Harassment Claim

The Employment Appeal Tribunal (EAT) has rejected a man's appeal against the dismissal of his claim for racial harassment on the grounds that the incident did not happen in the course of employment and that his employer had taken all reasonable steps to...

Company Denied Costs of Improvement Notice Appeal

The Upper Tribunal (UT) has declined to set aside a decision of the First-tier Tribunal (FTT) not to make an order for costs in favour of a company which successfully appealed against an improvement notice served on it by the local housing authority under...

Upper Tribunal Rules Doctor Was an Employee for Tax Purposes

The Upper Tribunal (UT) has concluded that a doctor who provided services to a hospital through a personal services company was an employee for tax purposes. The doctor had provided his services as a urologist to two hospitals through a company of which...

Nurse Receives £41,000 Compensation for Constructive Dismissal

A nurse who was subjected to bullying behaviour by a colleague has succeeded in her claim of constructive unfair dismissal against the NHS trust she worked for ( Hamilton v Epsom and St Helier University Hospitals NHS Trust ). The nurse had begun working...

Architectural Company Obtains Transfer of Similar Domain Name

If you discover that someone else has registered a UK domain name which is similar to your business's own name or trading style, you can make a complaint to Nominet UK through its Dispute Resolution Service (DRS). Recently, an architectural company succeeded...
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