Tughans Solicitors

GC100 publish guidance on directors’ duties

On 22 October 2018 the GC100 (“GC100”) published guidance on the interpretation of section 172 of the Companies Act 2006 (“Section 172”). This guidance is intended to supplement GC100’s 2007 guidance on directors’ duties under the Companies Act 2006 and comes after the recent publication of the revised UK Corporate Governance Code and the new... Read More

Service Charge: The Devil in the Detail

It is the very reason you do not want to be seated in the vicinity of two lawyers at a dinner party; it is in our genetic make-up to obsess about the fine print’s fine print. However, I understand that many people tick the ‘I Agree’ box of various terms and conditions without much more... Read More

Transfer of Business: Employer obligations under TUPE

Consider a business which is being sold imminently with all staff transferring to the purchaser. There is very little time to inform and consult the employees about the sale before it happens and they may be entitled to bring claims for a protective award. The question is who can bring this claim, what is the... Read More

What is an easement?

An easement is the right of one landowner to make use of another nearby piece of land for the benefit of his or her own land. The land which has the benefit of the easement is referred to as the dominant tenement and the land which is subject to the easement is referred to as... Read More

Gender Pay Gap Report Highlights Lack of Equality in the Workplace

On 2 August 2018, the House of Commons’ Business, Energy and Industrial Strategy Committee (“Committee”) published a report on gender pay gap reporting. This report is the first output of the Committee’s inquiry into aspects of executive pay and gender pay gap in the private sector. As from 4 April 2018 all companies, in GB... Read More

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