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These articles are provided for general interest and information only. They do not constitute legal advice. Whilst every effort is made to ensure that the content accurately reflects the law in England as at the date of preparation, no liability is accepted for any loss or damage arising from any act or omission resulting from any information contained herein.


Client survey results for 2009: 2010-02-15

Client survey results for 2009 show that 88% of our clients were “very satisfied” with the level of service provided by Awdry Bailey & Douglas.  96% said that we dealt with their work “as speedily as possible” and the vast majority said that they would recommend us to anyone who needed legal help and advice.

These figures are based on survey forms...
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Damages for Wrongful Dismissal: 2010-02-12

When an employee brings a claim for unfair dismissal to the Employment Tribunal (ET), there is a statutory cap on the amount of compensation payable. However, there is no upper limit to the level of damages that can be awarded when an employee pursues a claim for breach of contract or wrongful dismissal through the courts, even though in most cases the damages awarded are relatively modest,...
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Default Retirement Age – Consultation: 2010-02-12

In its recent decision rejecting the charity Age UK’s challenge to the default retirement age of 65 – introduced in 2006 by the Employment Equality (Age) Regulations – the High Court ruled that the Government was able to justify the imposition of the mandatory retirement age at the time it was first introduced in 2006. However, in the Court’s view, the decision might...
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Disability Discrimination by Association – Complying With EU Law: 2010-02-12

The Employment Appeal Tribunal (EAT) has handed down a far-reaching judgment in the long-running case of Coleman v Attridge Law, which concerns the interpretation of the EU Equal Treatment Framework Directive and its impact on disability legislation in the UK.
 
The wording of the Disability Discrimination Act 1995 (DDA), which implements the Directive in the UK, is such that it...
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EHRC Guidance for Employers on Flexible Working: 2010-02-12

The Equality and Human Rights Commission has published new guidance entitled ‘Working Better: A Manager’s Guide to Flexible Working’. This aims to help business managers implement innovative working methods that also improve productivity and customer service, save money and enable employees to balance their work and personal lives.
 
The guidance covers:More

Employee or Independent Contractor?: 2010-02-12

The Employment Appeal Tribunal (EAT) has dismissed an appeal by a home improvement company against the decision of an Employment Judge that one of its window installers had been an employee of the company for the purposes of the Employment Rights Act 1996 (Launahurst Ltd. v Larner).
 
Mr Larner had worked for Launahurst Ltd. since 1995. There was nothing in writing to govern the...
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Is Belief in Climate Change a ‘Philosophical Belief’?: 2010-02-12

Under the Employment Equality (Religion or Belief) Regulations 2003, employees are afforded protection from discrimination by reason of ‘any religion, religious or philosophical belief’. Whether or not a particular belief is covered will be decided on the facts of the individual case.
 
In Nicholson v Grainger plc, the Employment Judge decided at a pre-hearing review...
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Asbestos Fines: 2010-02-12

The Health and Safety Executive (HSE) has prosecuted three firms in Yorkshire for removing asbestos without a licence. After pleading guilty, the three firms were fined an average of more than £5,000 each with costs averaging more than £4,000. Two firms in Essex also recently faced fines and costs totalling more than £110,000 for the same offence.
 
The HSE has...
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Contract Termination Costs M&S: 2010-02-12

With cost-cutting still a priority for many businesses, the prospect of changing suppliers for recurring services is often attractive as it may offer the scope to reduce costs. However, it is important when considering such switches to make sure that the contract terms are carefully considered.
 
In a recent case, retail giant Marks & Spencer (M&S) wished to terminate a...
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Landlord Pays Price for Failing to Inform Tenant: 2010-02-12

If a landlord has concealed or misrepresented facts, it can be ordered to pay a departing commercial tenant compensation for any damages or loss sustained by the tenant that arise as a result of having to quit the premises.
 
The legislation bringing this into effect is relatively new and the first case in which it has been put to the test was only decided recently. It involved...
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Client survey results for 2009

Results show that 88% of our clients were “very satisfied” with the level of service provided by Awdry Bailey & Douglas.  96% said that we dealt with their work “as speedily as possible” and the vast majority said that they would recommend us to anyone who needed legal help and advice.

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