Tughans Solicitors

Managing Christmas Festivities in the Workplace

A HR manager recounted an incident in the office, where a number of employees stayed after hours and drank excessively, one of them acted inappropriately, startling another employee who was still working.  She did not want to discipline these employees, but can she write a warning note about their behaviour and put it on their... Read More

Redundancy and alternative employment – what is considered “suitable”?

A HR Manager is in the middle of a redundancy consultation process with employees and is at the stage of considering whether there is any suitable alternative employment which can be offered to the employees who are at risk of redundancy.  Do the employees have to be offered exactly the same roles that they are... Read More

Immigration update for a no-deal Brexit  

The UK government has published updated arrangements on the immigration status of EU nationals who wish to live and work in the UK in the event of a no-deal Brexit (September arrangements). These replace the previous arrangements published in January 2019 and are provided in advance of the anticipated announcement of the UK’s post-Brexit immigration... Read More

Holiday Pay after Agnew: ten key issues for employers

  The Northern Irish Court of Appeal has handed down its eagerly anticipated decision in The Chief Constable of the Police Service of Northern Ireland & Northern Ireland Policing Board -v- Alexander Agnew & Others. An appeal from the Industrial Tribunal, this case involves claims raised by 3,380 police officers and 364 civilian staff in... Read More

Unlucky Number 13

  Will the EU’s new copyright directive bring an end to the age of memes? In March, the EU passed its controversial Copyright Directive, designed to control how copyrighted content is shared on online platforms.   The Directive and its most controversial component, Article 13, requires online platforms to filter or remove unauthorised copyrighted material... Read More

Planning POCA: High Stakes for planning breaches

  Southwark Council has recently secured over £1 million under a Proceeds of Crime Act (POCA) order against a landlord who converted three flats into two cramped studios and bedsits.   The council originally brought a planning prosecution against a landlord, for illegally converting three flats within 2-4 London Bridge Street in 2010. He was... Read More

Estate Agent Due Commission Despite Disputed Verbal Contract

It is common for “find me a purchaser” agreements to be entered into informally between real estate agent and seller, such as by way of telephone call. Section 18 of the Estate Agents Act 1979 however, provides that an estate agency contract shall not be enforced unless, among other requirements, the agent has given the... Read More

Increase in Minimum Wage

You will be aware that 1 April every year is the trigger for an increase in both the National Living Wage and the National Minimum Wage. This is to remind you that the current rates, effective from 1 April 2019, are as follows:   aged 25 and over     £8.21 aged 21 to 24   ... Read More

Lease Assignments – Landlords looking ahead

It is generally accepted that in most commercial leases the tenant will have the ability to assign the whole (and sometimes part) of the premises to a third party, subject to the Landlord’s prior consent; such consent not to be unreasonably withheld or delayed. It is wise from a landlord’s perspective however, to fully consider... Read More

Enduring Powers of Attorney

Powers of Attorney have been in existence for many years.  By using a Power of Attorney, a person (the Donor) gives authority to someone else (the Attorney) to act on his behalf and manage his or her affairs.  Although a Power of Attorney might be limited to some specific matter, for example to sign a... Read More