Tughans Solicitors

Wonder Women and the Brexit Lasso of Truth

Does Brexit mean a hard border, a watered-down Chequers’ plan, leaving the Customs Union, no deal?  After more than 2 years of negotiations, plans and posturing we are still no clearer on what impact Brexit will have on the UK. But it’s crunch time.  Northern Ireland businesses have less than 9 months to prepare for... Read More

Working on your own time – checking emails after hours

Employees have always checked their emails. Now, with smartphone in hand, they can check them anywhere, at any time; at the weekend; on the beach; before they go to bed. Most importantly, this increased connectivity is quickly changing our perception of what can be expected of employees who are never truly “switched off” in a... Read More

Rotational shifts and consideration for medical conditions

We have recently introduced rotational shifts into our workplace.  We have an employee who says he is unable to work the shift pattern due to a medical condition.  We need all the employees to participate in the shift to make it work efficiently.  What should I do about this employee? I recommend that you firstly... Read More

10 things I hate about the GDPR…. a view on why some ambiguities in GDPR could present issues for business – from a lawyer who advises on it

Implementation of the GDPR was a landmark moment for lawyers working within the data protection sphere. Never before, in my time of practising law anyway, had I come across a new piece of legislation that clients had not only heard about, but were proactively contacting me about. There are many merits to the GDPR. Some... Read More

Selling a business where TUPE applies – what do you need to tell your employees?

I am an HR Manager of a business which is to be sold and I believe that the provisions of TUPE will apply to the sale. I know that I have to inform the affected employees (there are 12), but how far do I have to go? Can I just tell them the date of... Read More

Construction Blog: Employer Risk on Partial Possession

It happens every day.  Contractor falls behind on a project.  Completion date passes.  Employer is chomping at the bit to get into their shiny new building.  Liquidated damages are racking up.  The attractive solution for both parties is for the contractor to grant the employer partial possession over the premises.  Employer gets to start using... Read More

Ending a relationship with proper notice – lessons from the villa

By Employment Solicitor, Jack Balmer. ITV2’s Love Island looks set to dominate our screens once again this summer. Indeed, the show has generated so much media attention that news about one of its contestants has caught the eye of our employment law team. Before joining her fellow islanders, contestant Samira Mighty was part of a... Read More

Pimlico Plumbers v Gary Smith.

The Supreme Court has today issued its decision following the February hearing in Pimlico Plumbers v Gary Smith. As in previous rounds, (starting in 2011) Mr Smith has come out victorious, with the Supreme Court confirming the Employment Tribunal was correct in classifying him as a worker –  someone who personally provided services to Pimlico,... Read More

Another victory for workers’ rights: Addison Lee v Christopher Gascoigne

Another victory for workers’ rights. In Addison Lee, the EAT have held that Christopher Gascoigne, a cycle courier, wasn’t an independent contractor but a worker. Mr Gascoigne won first time round in August 2017 at the Central London Employment Tribunal, where he was classified as a worker and entitled to arrears of holiday pay for... Read More

Corporate Transparency: Companies House Business Plan 2018-2019

On 5 April 2018 Companies House published their business plan for 2018-2019 with a particular focus on the People with Significant Control (PSC) register and the commitment to transparency within the regime. From 6 April 2016 UK companies are required to hold a PSC register. The register includes information about the individuals who own or... Read More