What Do Points Make? Not a Lot When You Die

Loyalty cards abound these days, and many holders of such cards have large balances, apparently earning £122 annually on average.

However, when a loyalty card owner dies, what is the status of their points? The answer appears to depend on both the legal status of the points and the policy of the loyalty card supplier.

Some schemes never actually give ownership of the points to…

​Health and Safety Policies Must Be Taken Seriously

When employees are working 'out of the office', their employer remains responsible for making sure their working conditions are reasonably safe, and in that context having a safety policy alone is not enough...it must be taken seriously.

A recent case dealt with a personal injury claim brought by an employee who had previously raised issues with her employer regarding the moving of heavy…

​Sharing Principle – Court of Appeal Gives Guidance

The application of the 'sharing principle' to big money divorces is more than a matter of simple mathematics, and what family judges aim to achieve is a broadly fair outcome for both sides. That was certainly so in one case in which the Court of Appeal refused to increase an ex-wife's £73 million award.

The former couple had two children who had grown to adulthood during their 26-year…

​Social Media – Be Careful!

The legal dispute between Elon Musk and Vernon Unsworth, the man who helped to rescue boys trapped in a cave in Thailand, may have dropped out of the press over the last few weeks, but a recent case shows the lack of accuracy of Mr Musk's assertion that Twitter was just the forum for a 'schoolyard spat' that would not be taken seriously by users who expect to read 'opinion, not facts'.

​Take Care if You Have a Carer

Many people employ carers or cleaners to assist them with daily living. Quite often, such arrangements are informal and can last many years. However, failing to put them on a proper footing can prove to be an expensive mistake.

Where an agency is used and different people come to do the work, there is normally no problem. The worker is either employed by the agency or is self-employed.

​Tribunal Paves the Way for Suburban Garden Development

Restrictions on land use appear in the title deeds of many properties – but the law permits their deletion or modification if they become obsolete over time or stand in the way of reasonable development. Exactly that happened in one case in which the Upper Tribunal (UT) opened the way for construction of three new homes in a large suburban garden despite neighbours' objections.

The garden…

​When a Covenant May Be More Than it Seems

If you own or buy a property, you may find that there are covenants which apply to it, a covenant being a requirement to do something or refrain from doing something with your property. A covenant will benefit other property in the vicinity.

Typically, a covenant may be something like refraining from developing or adding to a property or a prohibition from using it for specific purposes.…

​Employment Status – Live-In Agency Carer Was an Employee

When deciding whether or not a worker is an employee (working under a contract of service) or is self-employed (working under a contract for services), an Employment Tribunal (ET) is required to examine and assess all the relevant factors which make up the employment relationship. A recent case (Chatfeild-Roberts v Phillips and Another), in which the Employment Appeal Tribunal (EAT) upheld the ET's…

​Even Highly Offensive Workplace Banter May Not Amount to Harassment

Irreverent and foul-mouthed banter is commonplace in some working environments and does not necessarily amount to harassment or victimisation. An Employment Tribunal (ET) made that point in rejecting a compensation claim brought by a salesman who gave as good as he got amidst a culture of teasing and jibing (Evans v Xactly Corporation Limited).

The salesman worked for a company for less…

​Executive Pay Ratio Reporting

The Companies (Miscellaneous Reporting) Regulations 2018, made under the Companies Act 2006, came into force on 1 January 2019. The Regulations introduce new corporate governance reporting requirements for UK-listed companies with an average of more than 250 employees in the relevant financial year to publish the pay gap between their Chief Executive Officer (CEO) and their average UK worker.