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Failure to provide enhanced shared parental pay is not direct sex discrimination

19 Apr 2018
Shared parental leave was launched in 2015 but the uptake has been relatively low.  A common question that employers asked prior to its introduction was what approach they should take to shared parental pay.  In particular, employers wanted to understand whether a male employee might succeed in a sex discrimination claim if he only received statutory shared parental pay in circumstances where a female employee taking maternity leave would receive enhanced maternity pay.  The Government's view was that this would not be sex discrimination.
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FCA plans financial crime guide update

18 Apr 2018
It's been quite some time since FCA updated its Financial Crime guide (FC). The guide, introduced in 2011, and last significantly updated a few years ago, provides useful context on FCA's expectations of how firms that fall under its regulatory remit should best protect themselves against financial crime risks.
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High Court holds solvency statement invalid, reduction of capital and distribution unlawful and directors in breach of duty and personally liable

17 Apr 2018
In LRH Services Ltd (in Liquidation) v Raymond Arthur Trew (1) Jason Marcus Brewer (2) and Derek O'Neill (3) [2018] EWHC 600 (Ch), LRH Services Ltd (LRH), acting by its liquidators, brought claims for breach of duty against three former directors. The claims arose from a reorganisation in 2009. LRH did not trade but had two trading subsidiaries (R and E) and it was wholly owned by CSGH, which also had another subsidiary in addition to LRH, CSG. Two of the directors of LRH were substantial shareholders in CSGH.
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Smart ticketing: the North says hello to tap & go

17 Apr 2018
Transport for the North ("TfN") aims to digitalise the transport industry in the North. Almost all major transport providers in the North have committed to investment of some kind over the coming years. Customers are set to benefit from new smart-ticketing systems, which allow them to use their tickets electronically without having to queue up at ticket machines. Integrated tickets will also allow customers to use contactless payment technology for multi-modal travel, switching between trains, trams, buses and ferries with relative ease. It is hoped that this coordinated investment will ultimately boost economies across the North.
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How not to take payments from a company

17 Apr 2018
Directors who are also shareholders need to be careful when arranging how to take payments from a company. For tax reasons, dividends can be perceived to be an attractive way to take cash out of a company, but if there are insufficient distributable reserves, such payments are unlawful and can be clawed back.
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The importance of heeding warnings given by the employment tribunal when under oath

12 Apr 2018
In Chidzoy v British Broadcasting Corporation UKEAT/0097/17, the Employment Appeal Tribunal (EAT) had to decide whether the employment tribunal (ET) had erred in striking out Ms Chidzoy's claim part-way through a full merits hearing on the ground of Ms Chidzoy's conduct in talking to a journalist during a break in her cross-examination, despite having been warned by the ET against speaking to anyone about the case.
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Geoblocking: how will it affect retailers?

12 Apr 2018
As part of the European Commission's Digital Single Market Strategy (DSMS), the EU has finally published legislation to prevent companies from geo-blocking (the Regulations). Companies geo-block when they block or limit access to their websites or have different general conditions of sale for their goods and services for customers in different member states. The EU considers that geo-blocking prevents unhindered cross-border trade across the EU.
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Adjudication enforcement: plugging the gap or opening the floodgates?

11 Apr 2018
In the 20 years since the Housing Grants Construction and Regeneration Act 1996 came into force, the cases which have emerged from the Courts have established a number of firm principles when it comes to enforcement of an Adjudicator's decision. The Technology and Construction Court has established a "fast track" procedure under which a party with the benefit of an Adjudicator's decision can quickly obtain summary judgment and will support the enforcement of Adjudicators' decisions, even if the decision is wrong (see Macob Civil Engineering Ltd v Morrison Construction Ltd [1999] EWHC and Carillion Construction Ltd v Devonport Royal Dockyard Ltd [2005] EWCA Civ 1358. Only if the decision was obtained without jurisdiction or in breach of natural justice will enforcement be refused.
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