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Legal Aid Provision

1st Oct 2021 News

The stark figures of the latest Law Society analysis Recent tabloid reports have drawn out the eye-raising numbers provided by the Law Society, who suggest millions of people have no access to legal aid. The analysis suggests some 52 million people live in areas where there is no publicly-funded legal aid for education matters, with […]

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Pursuing an injury claim and settlement agreements

30th Sep 2021 News

When can an employee continue to pursue a personal injury claim after entering into a Settlement Agreement? In the recent case of Farnham-Oliver v RM Educational Resources Ltd [2021] EWHC 2418 (QB) the High Court has decided that a Claimant is able to continue with a Personal Injury claim in spite of having settled Employment […]

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Unfair Redundancy and Right of Appeal

22nd Sep 2021 News

In the recent case of Gwynedd Council v Barratt and anor the Court of appeal upheld a Tribunal decision that a school’s failure to provide a right of appeal rendered a redundancy dismissal unfair. When will a failure to provide an opportunity to appeal a decision render a dismissal unfair? The Court of Appeal has […]

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End of Furlough

15th Sep 2021 Covid-19

Recent tabloid articles indicate there were over 1.5 million people still on furlough at the end of July 2021, with economists anticipating there will still be over 1million unemployed once furlough ends. This trend is largely down to the impact of the pandemic on smaller firms and the inability to retain all of their furloughed […]

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Teacher succeeds with claims for race discrimination and unfair dismissal against Multi-Academy Trust

2nd Sep 2021 News

In the recent case of Burton-York v Diocese of Westminster Academy Trust a Claimant succeeded with claims for race discrimination and constructive dismissal. Is open evidence of racism needed in order for a case of race discrimination to succeed? In Burton-York the Claimant, who describes herself as black Afro-Caribbean, had been asked to stand down […]

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Avoiding Hypersensitive Tribunal Claims

10th Aug 2021 News

The Employment Tribunal claim of Ms Sithirapathy v PSI CRO UK Ltd & Others has been in the press last week after an Employment Tribunal decided to reject a claim for harassment on the grounds that it was important to not, “encourage a culture of hyper-sensitivity.” What are the facts of the Employment Tribunal involving […]

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Anti-social Behaviour and How Cartwright King Can Help

9th Aug 2021 News

A recent press report revealed that police forces recorded an increase in anti-social behaviour last year, up from 1.3 million incidents in 2019 to 2 million in 2020. We look at what defines anti-social behaviour and what should you do if you are accused of behaving in such a way? What is anti-social behaviour and […]

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Ex-professional footballer and Sky pundit has road traffic charges dropped

22nd Jul 2021 Press Release

Michael Balmer successfully defended a former, professional footballer at Wirral Magistrates Court. The former Everton and Sunderland player – and Sky Sports pundit – was convicted in his absence in 2020, of 2 offences of failing to furnish (supply) information, dating back to September 2019, contrary to section 172 Road Traffic Act 1988. The client […]

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Driving Offences – Exceptional Hardship cases

6th Jul 2021 News

When a driver accumulates 12 or more penalty points on their driving licence, they may be able to argue ‘exceptional hardship’ which can be submitted to the court to avoid a disqualification from driving. What happens if I get 12 points on my license? Courts are obliged to disqualify [ban] a person from driving for […]

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Potential redundancies in the post-Covid world

1st Jul 2021 Covid-19

The Government’s Coronavirus Job Retention Scheme (CJRS) is currently set to end on 30 September 2021. The scope of the CJRS has already started to decrease, with the Government’s contribution to wages – for hours not worked – reducing to 70%, from 1 July 2021, capped at £2,187.50, and then 60%, from 1 August 2021, […]

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Covid 19 – Employee succeeds with unfair dismissal claim after refusing to agree changes

11th Jun 2021 Covid-19

Employers may propose changes to an employee’s contract of employment at any time, but if the employee does not agree to those changes, the employer cannot unilaterally impose the terms. However, where an employer has sound business reasons for the change, they may be able to fairly dismiss and offer re-engagement on the new terms […]

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The Employment Appeal Tribunal (EAT) provides clarity on the definition of a “worker”…

19th May 2021 News

A worker is an intermediate category of employment status between employee and self-employed. It has not always been easy to define the boundaries between each category. However, what is clear – in order to establish status as an employee – there must be mutuality of obligation. If an employee is obliged to carry out work, […]

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