A recent case before the Employment Tribunal highlights the potential risks of communicating with an employee on sick leave and how even well intentioned inquiries can backfire. The case involved a woman who was disabled and had frequently taken long spells off work because of health issues. In 2013, she suffered bouts of depression and
An employer did not breach an employee’s human rights when it checked his phone for emails and messages while investigating a claim of harassment. That was the decision of the Employment Appeal Tribunal (EAT) in the case of an NHS Trust and one of its managers. The issue arose after the manager formed a personal
A software company has been granted an interim injunction preventing a former employee from working for a larger rival. The company was a relatively small enterprise but had a market-leading service in its sector. It had employed a sales executive on an employment contract that included a restrictive covenant. This stated that if he resigned,
A racial discrimination claim has failed after the Court of Appeal ruled that the claimants involved could not be classed as employees. The case involved a group of people who provided services to the Courts and Tribunals Service (HMCTS) on a case-by-case basis. They also worked for other institutions. HMCTS was under no obligation to
A builder has been ordered to pay £483,000 for breach of contract after failing to carry out repair work to the specified standard. He was also ordered to return £200,000 after fraudulently inducing a customer to enter into a share purchase agreement. The case involved a wealthy individual customer who engaged the builder to carry
A commercial tenant has won a dispute over exercising a break clause even though it served notice to an out-of-date address. The case involved four landlords who were the trustees of a retirement scheme that owned the freehold of a large building. Three floors in the building were let to a commercial tenant on a
The High Court has resolved a dispute between former partners over the sale of a block of flats worth between £3m and £4m. The case involved three partners whose relationship broke down in 2014. The partnership’s main asset was a large apartment block comprising of just over 100 leasehold flats. An independent valuation indicated a
A company has been fined a total of £826,000 after admitting that it tried to stop retailers from discounting online prices. Ultra Finishing Ltd supplies bathroom products to a number of online stores. Following an investigation by the Competition and Markets Authority (CMA), it admitted that in the years 2012 to 2014, it engaged in
A landlord has been ordered to pay damages to a commercial tenant after carrying out noisy and intrusive renovation work over a two-year period. The case involved an art gallery that occupied the basement and ground floor of a multi-storey building. The lease entitled the landlord to carry out building works but it also contained
A director has been disqualified for five years for transferring money from his insolvent company to himself and his associates. James Elliott Pemble ran a marquee hire business called All Marquees Ltd at Tonbridge in Kent. He also had at least three other companies in the leisure and entertainment industry. An investigation by the Insolvency