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Calling an employee ‘bald’ tipped his case from mere bullying to unlawful conduct under the Equality Act, reports Justin Tarka Although there is a requirement in harassment cases for there to be a connection to a protected characteristic, the ‘related to’ requirement is very broad. A recent employment tribunal case involving an unusual allegation of…

Covid-19: How to manage anxious returners following recent EAT ruling

Brigitte Weaver considers the lessons for employers from the first appellate-level decision on whether it was automatically unfair to dismiss an employee for refusing to work due to concerns about Covid-19 It is not enough that an employee has genuine concerns about the pandemic and the risks to their family’s health in general. The employee…

Demystifying employment contracts: Key considerations for drafting effective post-termination restrictions

In the third part of our series, Nick Hawkins looks at different types of restrictive covenant and how to ensure they are enforceable One difficulty for employers is that the courts will consider the reasonableness of the restriction as at the date the employee entered into it, which will usually be when they started employment.…

Musings from Manchester: Putting trust professionals in the role of policing the anti-money laundering industry is unhelpful and onerous

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Does the Trust Registration Service achieve its anti-money laundering goals, or is it just another expensive layer of bureaucracy for clients, asks Geoffrey Shindler My concern is that what is being heaped upon professionals is yet another level of compliance and bureaucracy; and I have grave doubts as to whether the information that is demanded…

Quistclose trusts: A high threshold of facts

Recent case law has confirmed that Quistclose trusts do not override commercial practice. Professor Sukhninder Panesar explains The mere fact that the monies were advanced for a specific purpose was not in itself sufficient for the finding of a Quistclose trust; there had to be more in the sense that the monies were only to…

Alternative dispute resolution: Seeking consensus

Dawn Goodman explores how mediation can work well in trust and estates disputes Ironically, some of the qualities of trust and succession disputes that make them so difficult to settle may make mediation among the most successful ways of achieving a consensual outcome. Trust and estate disputes can be among the most unpleasant and difficult…

Jurisdiction: After Brexit

Simon Adamyk and Jessica Powers examine the current judicial approach to jurisdictional challenges on forum non conveniens grounds Post-Brexit, jurisdictional issues are determined, for the most part, in accordance with common law principles. Al Assam v Tsouvelekakis [2022] was concerned with the funds of two Cypriot trusts, the AAA Family Trust and the Hamza Family…

Wills: High Court rules against multimillionaire’s 2014 will

Documentary records were critical in establishing lack of knowledge and consent in a high-value judgment over an illiterate settlor’s will. Kevin Modiri discusses One would expect that if after just two years, a testator made a significant change to their will that cut out three residuary beneficiaries who together stood to inherit over £46m, a…

Trusts: Doing away with the need for detrimental reliance

Guy Holland analyses whether a cohabitee's beneficial interest can be varied by express agreement alone In finding that detrimental reliance was not the only route to establishing unconscionability, Kerr J has identified a clear distinction between the approach to be adopted in single name and joint name cases. It is well established that detrimental reliance…

Practice spotlight: Can you trust your instincts?

Sheila Rusike and Jo Summers outline some interesting trust practice points gleaned from their recent experience for the benefit of other practitioners It is worth checking exactly how the trustees’ names appear on the Land Registry records to make sure any deeds you create (such as a deed of retirement and appointment) match. Trust and…

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Discrimination: ‘Bald’ insult was sex-related harassment, rules tribunal