Seldon v Clarkson, Wright & Jakes

The Supreme Court have granted permission for an appeal to be brought against the Court of Appeal’s decision in this case, in which it was held that a retirement age of 65 for partners of a law firm was not discriminatory as it could be objectively justified.  We will provide a further update when the appeal has been heard.

TUPE

The EAT held in OTG Ltd v Barke and others that the TUPE Regulations will apply to sales by administrators (even in a pre-pack administrations), meaning that all employees will transfer to the buyer and have special protection against unfair dismissal.

Unfair Dismissal

In Orr v Milton Keynes Council, it was held that an employer cannot be held to know all facts known to its employees when making a decision to dismiss.  It is only the decision maker whose knowledge or state of mind is relevant, provided that a fair and thorough investigation has been undertaken.

Apprenticeship v Contract of Service

In an EAT decision, an employee who received on the job training and attended college on day release was held to be employed under a contract of apprenticeship and not a contract of service, despite the fact that the parties had not used the word ‘apprenticeship’ in any contractual documents.  The relationship between the parties in Chassis & Cab Specialists Ltd v Lee had the purpose of providing the worker with training, and had the essential characteristics of apprenticeship.

Theft by employees

An employee who was cautioned by the police after he admitted stealing £845 from his employer has been awarded £13,000 by the Court, who ordered his former employer to pay this sum by way of damages for humiliation, after his employer marched him to the police station upon discovering the theft with a sign around his neck which read, “Thief.  I stole £845.  Am on my way to police station”.

Testimonials

Read what our clients have to say...

View All

Excellent experience start to finish – always very responsive to any queries and the turnaround on the property I was buying was very quick, even in the busy time leading up to stamp duty deadline. Jenny was always very helpful and went above and beyond to close on a short timescale.

Ben Armitage

“Very approachable, practical solutions to problems, but most of all very responsive which I personally think is very important because if you need help, you need it quickly, or at least to know someone is looking at it for you”.

Joanne Rowe, Finance Director, Greater Manchester Chamber

“Always able to contact, very approachable, friendly and professional”

Nives Feely, JAM Recruitment

“I believe I have been able to establish a professional working relationship with everyone I have come into contact. Importantly, I sense the relationships which have been established give me the confidence that I can make contact with Davis Blank Furniss at any time and on any matter. I would also like to express my thanks to the very impressive “gatekeepers” who work in reception, not only for making me very welcome, but also for their professionalism”

Bill Pryke, CEO, Chartered Institution of Civil Engineering Surveyors

“Thank you for your efficient and friendly help throughout this process. We have had it easy but your approach has been part of that”.

Robert Amsbury (Conveyancing Client)

“I would like to take this opportunity to thank you personally for the ongoing support and assistance the firm has offered to our parents over the years. I hope also that we may be able to call on you if necessary in the future.”

Valerie Fisher (Probate Client)

“Jo always provides great service, understands our needs and delivers on her promises. Our needs are relatively simple but the complexity arises out of the volume of work and short time frames, Jo always delivers.”

Peter Fernandez, Corporate Director at Royal Bank of Scotland

“A big thank you to all who dealt with my wife’s claim… We would not hesitate to recommend Davis Blank Furniss to anyone that may be in a situation like we have been…”

Anon (Personal Injury client)

“Before putting my case in Kirsty (Morbey)’s capable hands I’ve met a couple of other solicitors. None of them listen to me as intently as Kirsty and showed me as much empathy and understanding as she did. Simultaneously she was able to look at my case from legal perspective, explain all the options and follow each of our meetings with written summary of the discussed matters (in timely manner). Her advice was invaluable and led me to successfully ending the case matter (hopeful for good). I’m forever grateful for he work and would definitely recommend her to anyone looking for reliable, knowledgeable and committed solicitor”.

Anon (Family client)
5 star service

Our Manchester office is rated 5 stars on Google