Along with most lawyers, we usually send out a reminder at Christmas about the perils of the Christmas party.  This year, drawing on years of experience, we advise the following: Don’t pay for free drink all night. (We know you won’t need telling twice) It’s a really bad message Do remind...

The Trading Standards Institute has launched a free on-line resource that allows business owners to understand the trading standards laws and regulations that affect their specific business. Business Companion (www.businesscompanion.info) effectively cuts through the thousands of regulations that are in existence to drill down to the specific rules that apply...

The Appeal Tribunal has released its judgment today in the much awaited case concerning whether voluntary overtime should be included when calculating holiday pay. If you have the inclination to read the judgment there is a link below, focus on issue 1 and 3, which should make the reading easier....

A very important decision on Appeal has been published concerning apprentices, and when they are not actually apprentices at all. The implication of course is that an employer may fail to pay the National Minimum Wage and have to pay back pay, perhaps for years, if their apprentices turn out...

Apprenticeship Contracts The government have issued new standard apprenticeship contracts, (40 different versions actually) covering all sorts of different sectors. These are not compulsory, but simply good practice, and the government has said that it trying to favour the employer more. If you are an Arcturus (retainer) client, we are able...

Seminar Invitation Auto-Enrolement - What You need to Know? Sherbornes Solicitors LLP in conjunction with Prosser Knowles Associates Ltd and Harper Sheldon will be providing a practical guide to dealing with the introduction of Auto-Enrolment and what it means to your business including payroll implications, impact on employment contracts and...

A “gentleman” who assaulted his girlfriend in her home (the girlfriend also being an employee) was dismissed by the employer and then successfully sued for unfair dismissal. The finding of unfair dismissal was upheld on appeal. This case reminds employers that even when the facts appear to be straight forward, even outrageous,...

In a controversial decision, at odds with the law, the High Court held that an obligation on parties to enter into “friendly discussion” before embarking upon arbitration was an enforceable term of the contract. In this case, the parties had entered into “friendly discussion” so, the arbitrators had jurisdiction.Whilst this...

Damages Awards Should Not Give The Claimant The Benefit Of Better Bargain Last month the High Court held that where a contract allows a defendant alternative modes of performance, defendants are entitled to the assumption that they would have only performed the minimum obligation required of them.The contract in this...

A useful reminder from the court of appeal came out this week about an employer's right, when an employee appeals a disciplinary sanction, to increase the punishment. The rule, set out by the Court of Appeal, is that unless the employer's disciplinary policy actually sets out the employer's right in this...