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Professor Sukhninder Panesar considers a case where the court was required to consider whether a common intention construction trust arose on a transfer of property that was made under mistakeHaving established that the defendant did not have an interest under a common intention constructive trust, the question was what relief the court would grant in…

Planning and the public sector equality duty: A timely reminder

Tracy Lovejoy considers the public sector equality duty and its impact on planning decisions in the context of recent case lawA failure by a local public authority to comply with its PSED is a legal error and the resulting planning decision can be judicially reviewed. As with many public functions, there is no private cause…

Construction focus: When a collateral warranty is a construction contract

Daniel Burr and Sophie Togwell consider the outcome of a recent Court of Appeal decisionIt was held that, for a warranty to be a construction contract, it must be an agreement for the carrying out of construction operations, meaning it must relate to the performance of works rather than just the quality of work. In…

Nutrient pollution and housing development: Nutrient neutrality

Fiona Sawyer looks at the impact of nutrient pollution on development and considers Natural England and government’s proposed solutions to get housing going againWherever a project is likely to have a significant effect on a protected site, which is not directly connected with or necessary to the management of that site, an HRA must be…

Legal news: Employment update

Jo Broadbent rounds up developments affecting employers and their advisers The government confirmed that it would support two private members’ bills. The first introduces a new right to neonatal care leave and pay; the other seeks to ensure that tips are distributed fairly to workers. Industrial action changes in force Two relatively small changes to…

Working Time Regulations: Part-year workers get holiday pay bonanza

Employers must revisit their holiday pay calculations for term-time-only workers and other staff who work for part of the year under permanent or continuous contracts, warns Joanne Moseley All workers have a fixed and universal right to 5.6 weeks’ holiday and employers can only adjust this when someone’s employment starts or ends part way through…

Religion or belief discrimination: Recent case law on gender-critical beliefs – a balancing act for employers

In light of the latest decisions on this tricky topic, Danielle Ingham and Anna Scott discuss how an employer can deal with staff members whose views on trans rights conflict with its own The outcome in Forstater shows that what is important when analysing whether a belief has been manifested inappropriately is looking at the…

Unfair dismissal: The return of fire and rehire

Jennifer Wright considers the latest developments in the Tesco fire and rehire case and where this now leaves employers Employers will be relieved that the Court of Appeal has endorsed dismissal and re-engagement as a legitimate mechanism for implementing contractual changes and removing benefits that have become unsustainable with the passage of time. Historically, it…

Equality Act: First long Covid ruling marks a turning point in employment law

Toby Pochron examines the steps employers should take following a recent decision on whether long Covid can amount to a disability If long Covid is a disability, then employers will have a greater responsibility to support employees in times of sickness and when returning to the workplace. Since the term ‘long Covid’ emerged, the condition…

Disability discrimination: Harnessing the benefits of a neurodiverse workplace

With claims for neurodivergence discrimination rising by a third in the past year, Shoshana Bacall and Eleanor Diamond look at how employers can reduce the risk of such claims and create a more neurologically diverse workforce The rise in neurodivergent disability claims suggests that workplaces are lagging behind in efforts and there are still barriers…

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Common intention constructive trusts: An agreement unravels