Guidance on defamation claims

This article covers the main aspects of defamation from what defamation is to what you would need to prove if you were considering filing a claim for defamation and the risks involved.

Unfair dismissal: Compensation awarded to a Belfast bus driver

Ernest Wardlow was employed by Translink as a bus driver. Wardlow was driving a double-decker bus over a bridge in Belfast city centre and he blacked out. The bus was overturned and there were over 30 passenger injuries. Fortunately, no fatalities in the accident. The accident happened on 14 August 2011. After a period of … Read more

Question of Testament: Proprietary Estoppel claims – what you need to know. 

In order to understand the themes of proprietary estoppel cases, it is important to understand the concept of ‘unconscionability’. This is a word used in litigation to describe conduct that does not conform to the dictates of conscience. When something is judged as unconscionable, a court will refuse to allow the perpetrator of the conduct to benefit.

In contract law an unconscionable contract is one that is unjust or extremely one-sided in favour of the person who has the superior bargaining power. Unconscionable conduct can also be found in acts of fraud and deceit, where there is a deliberate misrepresentation of fact which deprives someone of a valuable possession.

Beyond the UK borders: Questions of territory in employment rights

The Employment Act does not specify territorial scope in regards to the rights of an employee. In a the Lawson vs Serco case, the court of appeal and the House of Lords relied on case law alone to come to their verdict.   The employer, Serco Ltd is a UK company which operates world-wide providing … Read more

The rights of LGBT workers

The Equality bill 2010 provides protection against discrimination in the provision of goods and services on grounds of sexual orientation. There is now full legal equality for lesbians, gay men, bisexuals and transsexuals. The Trade Union Commission has been campaigning these objectives since first adopting gay right policy in 1985. The legal transformation has been … Read more

Employers calculating holiday pay should now include overtime

In November 2014, workers from a road maintenance company called Bear Scotland, won a ground-breaking case at the Employment Appeal Tribunal. This set a precedent that overtime should now be included as part of holiday pay. The case was heard jointly with cases against Hertel (UK) Ltd and Amec Group Ltd. The case arose due … Read more

Pros and cons of the new share parental leave scheme

A new law for shared paternity leave is soon to be passed.  The law will allow parents with children due on, or after 5th April 2015 to opt out of maternity leave and share their remaining leave and statutory pay with their co-parent. This is a new scheme which advances parental leave and is in … Read more

Future of internships for young graduates

The Sutton Trust, a charity set up to improve social mobility through education, has estimated that more than one in three graduate interns are working for no pay. The charity estimates 21,000  graduates are working unpaid and this may be even be an under-estimate, as the thinktank IPPR believe the figure to be more like … Read more