Our publications

A number of clients have asked us whether, when the qualification period for unfair dismissal is extended to two years from 6 April this year, existing employees with between one and two year's service will be deprived of their unfair dismissal rights. BIS have now confirmed they won't as the change will only apply to new joiners.

A number of clients have asked us whether, when the qualification period for unfair dismissal is extended to two years from 6 April this year, existing employees with between one and two year's service will be deprived of their unfair dismissal rights. BIS have now confirmed they won't as the change will only apply to new joiners.

A number of clients have asked us whether, when the qualification period for unfair dismissal is extended to two years from 6 April this year, existing employees with between one and two year's service will be deprived of their unfair dismissal rights. BIS have now confirmed they won't as the change will only apply to new joiners.

A number of clients have asked us whether, when the qualification period for unfair dismissal is extended to two years from 6 April this year, existing employees with between one and two year's service will be deprived of their unfair dismissal rights. BIS have now confirmed they won't as the change will only apply to new joiners.

A number of clients have asked us whether, when the qualification period for unfair dismissal is extended to two years from 6 April this year, existing employees with between one and two year's service will be deprived of their unfair dismissal rights. BIS have now confirmed they won't as the change will only apply to new joiners.

A number of clients have asked us whether, when the qualification period for unfair dismissal is extended to two years from 6 April this year, existing employees with between one and two year's service will be deprived of their unfair dismissal rights. BIS have now confirmed they won't as the change will only apply to new joiners.

A number of clients have asked us whether, when the qualification period for unfair dismissal is extended to two years from 6 April this year, existing employees with between one and two year's service will be deprived of their unfair dismissal rights.

Many of you will already be familiar with the Pre-Action Protocol for Dilapidations Claims (the "Protocol"), a set of guidelines for terminal dilapidations claims with a timetable of steps the parties should take prior to commencing litigation.

There is a crucial distinction between using open land "by right" and "as of right" in the context of a TVG application. If use can be categorised as the former it is likely to defeat an application to register the land as a TVG.

As highlighted in our earlier communications, the Department for Business Innovation and Skills (“BIS”) has published two Calls for Evidence to request views from employers on the current collective redundancy consultation rules and the effectiveness of the 2006 changes to the TUPE Regulations.

The Government has failed in its attempt to overturn a High Court ruling that the Government's attempt to lower solar feed-in tariffs as from 12 December 2011 was illegal.

First, there were the various and conflicting counsel's opinions obtained by PFI funders in relation to the effect of section 6(2) of the Academies Act 2010. Then there was the DfE procured counsel's opinion which was intended to calm market fears. When that didn’t work the Government amended the Academies Act "to put the matter beyond doubt". But not even that did the trick.

The European Commission has revised the thresholds for the application of the EU public procurement rules, as implemented by the Public Contracts Regulations 2006 for the public sector. The thresholds are now significantly higher than previous thresholds applicable in the UK.

In one of our January 2011 tips, we warned land owners and estate managers to check whether licensees are using land in accordance with the terms of their licence and whether the land is being used by parties who don't have a licence at all. Following a recent Court of Appeal decision, you need to be more vigilant than ever.

Now, more than ever, due to the Government's drive for financial savings across the Public Sector, NHS Trusts are being challenged to maximise revenue from their estates, drive efficiency and achieve more with less.

In this edition, the DAC Beachcroft education advisor focuses on the ICT supplier market - coinciding with BETT 2012 this week. We are also delighted to introduce a recent senior recruit to the team, Michael Peeters. Michael has over 20 years experience advising on ICT contracting and regulation - often acting for ICT suppliers but also with a number of user clients in the education sector. He regularly speaks on ICT law issues and sits on the Board of the International Technology Law Association. Michael has acted as editor for this newsletter.

A standard clause in a commercial lease obliging a tenant to pay interest on any sums outstanding "whether formally demanded or not" helped to invalidate a break notice served by the tenant when the break was conditional on payment of all sums due up to the break date because there were sums outstanding pursuant to the clause although these had not been demanded by the landlord.

Happy New Year. 2012 looks set to be another busy year for HR professionals and employment lawyers. At the end of this month the window will close for responding to the government's call for evidence into the effectiveness of TUPE, of which there is much in this alert, and collective consultation. In March the consultation on Tribunal and EAT fees will close and in April we expect the qualifying period for unfair dismissal to rise to two years increasing the risk for employers of facing discrimination claims.

Happy New Year. 2012 looks set to be another busy year for HR professionals and employment lawyers. At the end of this month the window will close for responding to the government's call for evidence into the effectiveness of TUPE, of which there is much in this alert, and collective consultation.