Sat07222017

Last updateTue, 24 Feb 2015 5pm

Clarke Willmott LLP

Clarke Willmott LLP

Kate Gardner and Sarah Driscoll report on a recent case on holiday pay which could have major implications for gig economy businesses

As employers and their advisers will be aware, there has been a series of far-reaching legal developments on workers’ and employees’ rights to holiday pay in the last few years. The pace of change shows no sign of slowing, following the advocate general’s (AG’s) recent opinion in King v The Sash Window Workshop Ltd [2017] that the right to paid annual leave carries over indefinitely until a worker has the opportunity to exercise it.

Rayner Grice highlights the impact of a Supreme Court decision on pension rights and the implications for cohabiting couples

The Supreme Court ruling in In the matter of an application by Denise Brewster for Judicial Review (Northern Ireland) [2017] concerned an appellant who had lived with her partner for ten years when they became engaged on Christmas Eve 2009. Sadly the appellant’s partner died two days after their engagement. At the time of his death the deceased was employed by Translink, a public transport operator for whom he had worked for approximately 15 years. Throughout that time he had been a member of, and had paid into, the local government pension scheme. The appellant believed that her late partner had completed a form in which he nominated her to be eligible for a survivor’s pension in the event of his death. However, the Northern Ireland local government officers’ superannuation committee (the superannuation committee), who administered the scheme, said it had not received any form. They therefore refused to pay her a survivor’s pension.

It is now clear that tenants of private landlords cannot rely on human rights to prevent eviction. Kary Withers reports

Private landlords across the UK will be breathing a sigh of relief following a Supreme Court ruling that makes it clear that tenants are not able to invoke a breach of their human rights to prevent lawful eviction.

Rayner Grice sets out key considerations and practical tips when dealing with multi-generational households and third-party property interests within families

A recent study by Aviva forecast that 3.8 million people aged between 21 and 34 will be living with their parents by 2025, a third more than at the moment. The number of households containing two or more families is also expected to rise from 1.5 million to 2.2 million. The main reason is the affordability of housing.

Jonathan Hulley outlines the implications of the proposed Bill of Rights for social landlords

Plans announced in the Queen’s Speech to scrap the Human Rights Act 1998 and replace it with a British Bill of Rights could have housing and asset management implications for social housing landlords.

Rayner Grice details the new offence of controlling and coercive behaviour and what might constitute such behaviour

The long-running radio soap opera The Archers caused controversy earlier this year with its storyline featuring one of the main characters, Helen Titchener, assaulting her husband Rob, which has led to her being remanded on a charge of attempted murder. Should our sympathy lie with Rob or, in fact, Helen who has suffered years of controlling and manipulative behaviour from Rob? The storyline has also raised the questions of whether action should have been taken earlier to deal with Rob’s behaviour, before it got to crisis point, and whether Helen even realised what she was being subjected to.

Neil Ham considers the decision in Avocet and its broader consequences for landlords and tenants

The exercise of a break right by a tenant results in the premature termination of what is often a long-term contract with its landlord. In a weak property market, this can sometimes mean the loss of several years’ rent and a liability for business rates, as well as a service charge void until the landlord finds a new tenant.

Emma Mould discusses options when dealing with child support issues

Child maintenance is often seen as a somewhat murky area of countless technical rules and intricate and intersecting jurisdictional issues. However, with an assessment of the client’s reasonable requirements and the opponent spouse’s circumstances (or perhaps their preferences as appropriate) the ‘right’ answer will often reveal itself by a process of elimination. The first port of call will be the Child Support Act 1991 (CSA 1991), which provides the statutory regime for a calculation of child maintenance. A calculation can be applied for by either the parent with care (PWC) or the non resident parent (NRP) where the Child Support Agency (CSA), as administered by the Child Maintenance Enforcement Commission (C-MEC), have jurisdiction unless:

Emma Mould analyses the risks of failing to obtain a final ancillary relief order when dealing with an insolvent spouse

W arwick (Formerly Yarwood) v Trustee in Bankruptcy of Clive Graham Yarwood [2010] is a further reminder (if needed after Haines v Hill & anor [2007]) of the need for family lawyers to advise clients of the risk of bankruptcy during their matrimonial proceedings and that the status of an agreement and a court order are very different.