Tughans Solicitors

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

Send Them Packing

For August 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 to time with the less common place disputes... Read More

Have Your Cake And Eat It

Overage Clauses   Every seller wants to achieve the best possible price on a sale.  In the commercial property market sellers can be reluctant to agree a sale for fear of cashing out prematurely.  This is where overage clauses could provide some comfort and benefit to a seller. Overage provisions can enable a seller to... Read More