News and resources

22nd March 2017

Employer’s Question: Redundancy payments

We have just confirmed the redundancy of a member of our accounts team. He will get to 8 years of service in 3 weeks’ time. If we make him redundant immediately and pay him in lieu of notice, do we calculate his statutory redundancy pay based on the 7 complete years of service he will have on his actual termination date? Read more

22nd March 2017

Religious discrimination: could a ban on religious dress in the workplace be lawful?

The European Court of Justice has ruled that a company’s Muslim headscarf ban was not direct discrimination. However such a ban could still amount to indirect discrimination if it not appropriate and necessary. Will Walsh from RB’s Employment Team considers this decision further. Read more

20th March 2017

Do as I say or do as I do – Can a contract clause prohibiting oral variations be varied orally?

Contracts will often seek to prevent any subsequent changes to their terms unless such variations are specifically agreed and recorded in writing by the parties. Many contracts will even contain clauses expressly prohibiting subsequent variations from being agreed orally. However, following a number of Court decisions in the past year, Liane Simmonds assesses whether such clauses are still likely to be effective. Read more

14th March 2017

Developer’s Question – Deed of Easement

I want to buy a site, but a deed of easement is required from a neighbouring landowner. The owner of the site we want to buy has agreed that they will obtain the easement before we purchase the site. I don’t want to incur the costs of undertaking due diligence, if the landowner can’t secure the deed, but I also don’t want to lose the site. What should I do? Read more

9th March 2017

Landowner’s Question – Adverse Possession

I have been using some land at the back of my garden for about 10 years to compost my garden waste and I have also built a greenhouse on it. This land is not included in my title deeds. A man approached me last week whilst I was in my greenhouse to tell me that I am using his land and that I should remove my rubbish and greenhouse immediately otherwise he will take further action via his solicitors. I have not had any issues with my use of the land up until this week. Is there anything I can do? Read more

9th March 2017

Landlord’s Question – Forget squatters’ rights, what are my rights?

I am the owner of a shop with a flat above. The property was previously let and I am now waiting for the new tenant to take possession once the lease is agreed. My agents have informed me that squatters have taken up occupation of the property and put up a sign to say they are occupying it as their sole residence and they have squatters’ rights. What can I do to get the squatters out and to minimise damage? Read more