LEGAL Tribunal ruling divides opinion
Jameel Mann (pictured), Senior Associate at Knights 1759, looks at the implications of the Supreme Court’s decision that employment tribunal fees are unlawful.
Following the recent ruling of the Supreme Court that employment tribunal fees are unlawful, the Government announced it would no longer accept fees and would turn its attention to repaying the estimated £32m that has been received since their introduction in 2013. The concept of tribunal fees has
continued to divide opinion across the business community, culminating in a successful challenge by trade union Unison that they are unlawful. However, claims with genuine
merit have also significantly reduced through the impact of Employment Tribunal fees, a regime considered by the Supreme Court to prevent access to justice, be of a discriminatory nature and breach both EU and UK law. The re-imbursement of
employment tribunal fees is not a simple administrative task. For example, some respondents are
‘The concept of tribunal fees has continued to divide opinion across the business community’
required to pay successful claimant’s fees and must ensure that such individuals do not receive a ‘windfall’ by being double- compensated. A number of test cases are
expected to clarify whether employees that were previously deterred from bringing claims due to the fee regime may be entitled to do so now, despite expiry of the relevant limitation date. Employment tribunals around the country are also considering how they can be adequately resourced to cope with an expected initial surge in claims. The effect of ACAS pre-claim conciliation is difficult to assess in
Facing the reality of shareholders
Jason Waghorne (pictured), Company and Commercial Solicitor at Rothera Sharp, takes a look at the realities of shareholders’ agreements.
In all the positivity surrounding the setup of a new business, your primary focus is not normally to protect against future issues between shareholders. It is a sad reality, however, that disputes of
this nature can and do arise, and it is definitely within the company’s best interest to ensure that there is a process to follow in order to minimise the impact of such a situation. A carefully drafted and considered
shareholders’ agreement is designed to ensure that a deadlock position is avoided. This is achieved by setting out how the parties are to proceed when decisions become impossible to make. A shareholders’ agreement can include guidance on a number of areas
within the business, but in its simplest form it is a private agreement entered into by all or some of the shareholders of a company. The agreement regulates the relationship between these signatories. The ideal time to establish a shareholders’ agreement is during the
setting up of the company, when relations are normally at their most positive. Indeed, if it proves too difficult to put in place a shareholders’ agreement at this stage, it would be worth considering whether the shareholders hold the common vision for the company require in order to succeed.
52 business network September 2017 Don't Panic Mr Mainwaring
...it's only the GDPR Business communications and IT specialists Mason Infotech looks at what the upcoming General Data Protection Regulation (GDPR) could mean to your business.
Unlike the era of Dad’s Army, when you could see the enemy on the horizon, today's cyber-attackers don't concern themselves with the usual dimensions of land, sea and air. As soon as you connect to the internet, your cover is blown. One thing on the horizon,
though, is GDPR. Google GDPR and you will find a host of organisations vying for your business with useful guides to help determine what you need to do to comply with the GDPR, due to come into effect in May 2018. Mason Infotech has taken a
slightly different approach. Rather than regurgitate the various 'How To' guides and advice, we thought it more useful to absorb information directly from the organisations responsible for developing and enforcing the legislation. The key points we feel are particularly relevant are:
• Vastly increased fines for non- compliance, for all businesses. Fines can be as high as four per cent of annual turnover or €20m, whichever is greater.
• The onus will fall on the business to identify any breach and report it within 72 hours.
• The legislation is designed to protect from a global threat that is increasing daily. It extends beyond the traditional legislative boundaries and territorial borders.
• This is the first iteration. There may be amendments to follow.
Although the GDPR is a European initiative, its impact is global. Brexit will not impact its implementation in the UK and it is important that you understand how it will impact your business.
light of the impact of employment tribunal fees but it has undoubtedly had an impact. We do not therefore expect the level of claims brought to be on the scale we have previously seen. Whether the Government seeks
to implement a more proportionate fee system is uncertain and there are other issues requiring clarity.
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64
