Tughans Solicitors

Mutual break clauses – are they worthwhile from a landlord’s perspective?

By Real Estate Associate Solicitor, Amanda Byrnes.   When negotiating a new lease, a usual provision that a tenant will seek to include, particularly those embarking on a new business venture, is a break clause, i.e. a date or dates on which the tenant may terminate the lease before the end of the contractual term. ... Read More

Saying Goodbye to RPI?

By Contracts and Technology Associate Director, Andrew Kirke.   Considering comments made by Bank of England Governor Mark Carney this week on the phasing out of the Retail Prices Index (RPI) as a measure for inflation in commercial contracts   Speaking to the House of Lords economic affairs committee on Tuesday, Bank of England governor... Read More

How do I handle it? Banter in the workplace – only joking is only an excuse

  “I am an HR Manager and recently received a written complaint from an employee who told me that his colleague was calling him a “tinker” and a “gypo”.  When he challenged his colleague and asked him to stop, he was told it was just a bit of “banter”.  I do not know what the... Read More

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