Tughans Solicitors

How Do I Handle It?

“I am the Human Resources Manager in a manufacturing business and I have been asked by one of the Operation Managers to dismiss an employee as he alleges the employee arrived for work under the influence of drugs.  The employee has been suspended: he is still under his probationary period.  How should I handle this?”... Read More

A Festive Fallout…Vicarious Liability of employers and Christmas parties

As everyone gets into the swing of party season the case of Bellman v Northampton Recruitment Limited has emphasised the responsibilities on employers even on a Christmas night out.  The facts of the case are the defendant company held a Christmas party at a local golf club at which most of the staff attended. After... Read More

How Do I Handle It?

“An employee who’s with us on secondment from university has raised a grievance under our internal procedure after finding out he’s paid less than his permanent colleagues in the same role – how do I handle it?” First of all, you need to be very clear about the employment status of the secondee. A secondee... Read More

The New UK Industrial Strategy: God bless us, Everyone?

The Government’s new industrial strategy has just been announced.  This is a welcome publication in light of the dip in productivity growth highlighted in the Budget last week. But what difference will it make in the face of Brexit? The new industrial strategy is heralded by the Government as a “critical part of our plan... Read More

Informing Local Development Plans

Under the Planning Act 2011, each of the new 11 new councils was given new powers to set local planning policy, through the preparation of new Local Development Plans (LDPs).   What is a Local Development Plan? An LDP will guide future land use in a council area. Unlike previous area plans, which were one... Read More

How Do I Handle It – Dress Code Dilemmas

Tughans on employment law and difficult workplace scenarios. For October 2017, we have asked the employment team to provide practical answers to unusual, sensitive or complex work related queries. We call this feature “how do I handle it?” The articles are aimed at HR professionals and other managers who may need to deal from time... Read More

Beware “Fitness For Purpose” Obligations In Building Contracts

A recent case concerning a “fitness for purpose” obligation could have far reaching consequences for contractors particularly in the design and build sphere.   The case of MT Højgaard –v- E.ON Climate and Renewables UKSC 59 concerned the construction of two offshore windfarms in the Solway Firth.  They were designed and installed by MT... Read More

The Invisibility of Mental Health Issues in the Workplace – What employers need to know

A business owner recently informed me that an employee, absent due to stress at work, should be in the workplace as he “didn’t have a broken leg” and he suspected there was “nothing wrong with him”.  Unfortunately this view, by some employers, still prevails, ie if you cannot see an illness then that person really... Read More

GDPR & Consent – No Box Ticking Exercise

Following on from our previous article relating to the implementation of the General Data Protection Regulations (GDPR) in the UK, we are now focusing in on some of the fundamental changes due by May 2018. One of the core principles of GDPR is giving individuals genuine choice and control over how (and whether) their personal... Read More

A Lease By Another Name

At some point in your adult life, someone will likely quote (or commonly misquote) the Duck Test to you. For the benefit of clarity, the generally accepted expression is, “if it looks like a duck, swims like a duck, and quacks like a duck, then it is probably a duck”. The origin of the expression... Read More