HM Insights

Life, business and the law

The law never stands still, and the way it applies to you and your organisation is constantly evolving. Our people are on top of these developments and can keep you up to date with some of the most interesting aspects of these changes. Check out our articles and updates for our perspective on issues that might affect you.

Latest Articles

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    Duties owed by employees to their employer

    Mr Ranson joined Customer Systems Plc ("CS") in 2001 and was promoted to divisional manager in 2008. Mr Ranson's contract of employment contained no post-termination restrictive covenants but his contract did require him to keep "information of a confidential nature belonging to CS, its customers and its business partners" that he was exposed to during his employment confidential, and not to undertake any other employment while employed by CS without its prior written consent.

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    Subjective criteria not unfair in redundancy procedure

    Mr Tattersall was employed by the respondent as a property manager from 1 May 1998 until his dismissal on 22 October 2010. The respondent had a Senior Management Team ("the SMT") of five people, including Mr Tattersall, who was employed as property manager. During the first half of 2010, the respondent's trading position deteriorated and the directors were anxious to make savings. At a board meeting in June 2010 it was decided that a proposed restructure was required. Each of the five SMT roles were discussed and it was concluded that cutting the role of property manager would have the least detrimental impact on the business because it was not a role that generated revenue. The business skills of each manager were discussed at this meeting.

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    ECJ upholds Swedish compulsory retirement age of 67

    This case was a referral from the Swedish courts to the European Court of Justice ("ECJ") in order to establish whether a compulsory retirement age of 67 was contrary to the Equal Treatment Framework Directive ("the Directive"), introduced to combat discrimination in employment.

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    Insurance Case Law Update

    We have the pleasure of attaching below three recent judgements following consideration by Sheriff McSherry at Dunfermline Sheriff Court of three separate injury claims arising out of the same road traffic accident. Liability was not in dispute and the Sheriff was required to consider the respective values of the claims only.

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    Charities respond to the “perfect storm”

    Since 2008, Pricewaterhouse Coopers LLP, the Institute of Fundraising and the Charity Finance Group have canvassed the views of charity finance professionals and fundraisers, through regular surveys, on the impact of the economic and funding environment on their sector.