Property Disputes Newsletter November 2013
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Individual Services
Keeping it Confidential ‘Changes to the Employment Rights Act’
An amendment to the Employment Rights Act introduced on 29th July 2013 allows employers and employees to keep certain negotiations regarding termination of employment confidential. This means, subject to certain rules and exceptions any negotiations and offers cannot be used as evidence in subsequent unfair dismissal claims. Previously, such negotiations and offers could have been
Wife loses appeal over clean break divorce settlement
A wife who wanted to receive periodic payments from her husband as part of a divorce settlement has lost her appeal against a court’s decision that there should be a clean break instead. The case involved a couple who had lived together for several years but then separated only eight months after marrying. They had
Brothers in dispute over their father’s will
A man has successfully challenged his father’s will, which he suspected had been drawn up in suspicious circumstances. The issue arose because when the father died, it emerged that he had made two wills in the two years before his death. The first will was made in 2007 and divided his estate equally between his
Trust period amended to reduce inheritance tax burden
Discretionary trusts are a great way to reduce the burden of inheritance tax but they must be drawn up properly to be effective. A recent case before the High Court shows how problems can arise if the trust is not prepared correctly. The case involved a man who made a will in which he
Women win equal pay claim against NHS Trust
A group of female nursing assistants who were paid less than male maintenance workers have won an equal pay claim against an NHS Trust. The pay of the two groups was based on wage structures established in 1987. More than 9 out of 10 maintenance workers were men and 8 out of 10 nursing assistants
Employer not thorough enough when dismissing employee
Employers need to show they have been fair and that they have investigated all the issues thoroughly when dismissing an employee for alleged misconduct. Failure to do so could result in the dismissal being ruled unfair, as illustrated in a recent case involving a bookmakers and one of its cashiers. The cashier was accused of
Company wins case over £50,000 underpayment for electricity
An electricity supplier which undercharged a company over several years has been told it cannot now recover the £50,000 outstanding on the account. A court has also ordered that it must pay the company compensation for wrongfully disconnecting its power supply. The case involved EON energy and a company that operated an antiques market. The
Help to Buy: mortgage guarantee now available for homebuyers
The ‘Help to Buy: mortgage guarantee’ scheme has been introduced three months early to boost the housing market and enable more people to own their own home. The scheme applies to both new build and older properties and is available to both existing homeowners and first-time buyers. It was due to be introduced in January
Director unfairly excluded from company he set up
When setting up a new company, it’s important for directors to ensure that all the legal requirements are fully met and that everyone involved understands their rights and responsibilities. Failure to do so can soon lead to confusion and legal action, as illustrated in a recent case before the High Court. It involved two men