Articles

LITIGATION

Landmark Business Interruption Victory for FCA

The High Court has handed down its verdict on the Financial Conduct Authority (FCA)'s test case and largely ruled in the favour of policyholders and stated that the majority of those who held business interruption insurance and were forced to close were entitled to compensation. The court reviewed 21 sample policies which included clauses regarding notifiable diseases and clauses concerning the prevention or hindered ability to access premises.

EMPLOYMENT & TAX DISPUTES

Furlough Fraud & Errors! Protect Your Business Now

The Employment Tax Dispute Team at Millar McCall Wylie are assisting Employers with disputes with HMRC arising out of payments made pursuant to the Coronavirus Job Retention Scheme ("CJRS").

The CJRS was introduced as a response to the ongoing Covid-19 crisis, to support employers whose operations have been detrimentally impacted by the ongoing Covid-19 pandemic. The CJRS commenced in March and will cease at the end of October 2020.

LITIGATION

Is Asbestos Still Relevant Today?

Asbestos can be found in any building built before the year 2000 to include factories, schools, hospitals and housing. You may have been exposed to asbestos directly through work or through secondary exposure. Recent studies show that nearly 5000 people in the UK die due to asbestos exposure every year.

LIQUOR LICENSING

Licensing Beer Gardens and Other Outside Areas - Protecting Your Space Now and For The Future

In response to the many challenges presented to the hospitality sector by the ongoing COVID-19 pandemic, many pubs and other licensed businesses have been looking at ways to maximise their outside space.

LITIGATION

Cycling Accidents on the Increase

One of the effects of the pandemic has been a significant rise in the number of cyclists on the road as people avoid public transport and aim to get healthier. One family-run bike shop in East Belfast saw a 70% rise in trading, which is, not surprising as there in an estimated 1.3 million bikes bought across the UK since the beginning of lockdown.

INSOLVENCY/COMMERCIAL LITIGATION

Statutory Demands and Winding Up Petitions - Where are we now?

The Corporate Insolvency & Governance Bill recently came into effect in Northern Ireland making both temporary changes to Insolvency and Company Law in Northern Ireland to manage the difficulties of Coronavirus and changes that are are permanent.

LITIGATION

TVT/Mesh Compensation

Hundreds of women in Northern Ireland have come forward and spoke about the complications and devastating impacts that the Mesh Implant has had on their life. This procedure is often recommended to women with pelvic organ prolapse which can occur after childbirth or hysterectomies.

EMPLOYMENT LAW

Landmark Employment Appeal Tribunal decision regarding TUPE

Company Directors amended their employment contracts to include more favourable terms prior to TUPE transfer.

The Employment Appeal Tribunal (EAT) has handed down a landmark decision regarding the implications of the Transfer of Undertakings (Protection of Employment Regulations 2006 (“TUPE”) in Ferguson v Astrea Asset Management Ltd UKEAT/0139/19.

EMPLOYMENT LAW

Flexible furlough from 1st July 2020

On 25 June 2020 a further Treasury Direction was published to modify the Coronavirus Job Retention Scheme (CJRS) for the period 1 July to 31 October 2020. The Treasury Direction sets out the legal framework which underpins the CJRS. When the CJRS was announced in March 2020 furloughed employees were not permitted to carry out work of any description. However, the CJRS will change on 1 July 2020 to provide ‘flexible furlough’ with further changes commencing on 1 August 2020 to introduce the obligation on employers to contribute towards furlough pay until the CJRS closes on 31 October 2020.

LITIGATION

Business Interruption Insurance Claims

As we begin to take steps to gradually come out of lockdown many businesses will have relied on the prospect of availing of their business interruption policies to try and offset the substantial level of loss. However, businesses are discovering that their claims under this policy are being rejected due to ambiguity in existing policies.

EMPLOYMENT LAW

Flexible furlough and the months ahead

On Friday 29 May 2020 the Chancellor announced further details about the extension to the Coronavirus Job Retention Scheme (CJRS). These details include the introduction of flexible furlough and outline how the scheme will operate over coming months with the introduction of a new taper system requiring employers to contribute to furloughed salaries from August. This should enable employers to determine how they can transition staff returning to work, and/or whether businesses need to adopt alternative workforce planning techniques such as reductions in salary, lay off or redundancy. The forthcoming changes focus on supporting businesses with phasing staff back to work.

EMPLOYMENT LAW

Is Your Workplace Safe?

In the battle against Coronavirus we were treated to significant updates from both Westminster and Stormont this week. On a national level Rishi Sunak confirmed that the Coronavirus Job Retention Scheme (CJRS) will be extended in its current form to the end of July. A phased system is then to operate from August through to October with details to follow later this month. At the same time our local politicians were announcing their 5 step plan to return to normality (no dates included!).

CORPORATE / FINANCE

Bounce Back Loan Scheme

In response to the difficulties faced by lenders and businesses in drawing down emergency loans via the Coronavirus Business Interruption Loan Scheme, the Bounce Back Loan Scheme (BBLS) has been launched so that SMEs can get quicker access to funds of up to £50,000 on similarly favourable terms – i.e. no capital repayments, fees or interest for the first 12 months.

EMPLOYMENT LAW

Latest updates to Coronavirus Job Retention Scheme

On 30 April 2020 HMRC issued further guidance on the Coronavirus Job Retention Scheme (CJRS) addressing five specific areas in need of clarification. We have summarised those areas below. It would appear that the guidance is now pretty comprehensive with two outstanding issues being the taking of leave and calculation of holiday pay. More detail on these may follow.

INSOLVENCY

New Insolvency Reforms

On the 28^th March 2020 the Government announced plans to change the UK’s Insolvency Framework and add new restructuring tools in light of the current pandemic. The reforms will grant relief to the companies who are in an unenviable position navigating the current adverse market created by COVID-19 and allow more time and options.

EMPLOYMENT LAW

Change to the Qualifying Date for Coronavirus Job Retention Scheme and Further Updates

The government’s latest guidance, issued on 15 April 2020, provides a significant update to the Coronavirus Job Retention Scheme (CJRS). The Treasury has also now issued a Direction to HMRC outlining rules for eligibility and instructions for making payments, titled The Coronavirus Act 2020 Functions of HMRC (Coronavirus Job Retention Scheme) Direction, providing further insight into the mechanics of Scheme.

EMPLOYMENT LAW

Q+A on recent employment changes

What does furloughed mean?

Prior to the Chancellor’s announcement of the Coronavirus Job Retention Scheme (JRS) most employers only had the option of lay off or redundancy in order to address a downturn in work and ‘furlough’ was an unfamiliar term to most people. Furlough essentially means a temporary leave of absence from work with those staff being retained on their employer’s payroll.

CORPORATE / COMMERCIAL

Impact of COVID-19 on Commercial Contracts

In light of the escalation of measures to prevent the spread of COVID-19, some businesses may be unsure about what rights they may have with respect to ongoing contracts. They may experience disruption causing them to breach certain obligations or indeed suffer losses if another party can no longer fulfil theirs.

CORPORATE / FINANCE

Access to Emergency Finance - Coronavirus Business Interruption Loan Scheme

The terms and practical requirements of the coronavirus business interruption loan scheme should become clear over the next few days, with the major local banks now either accredited or close to accreditation.

EMPLOYMENT LAW

The Coronavirus Job Retention Scheme

The Coronavirus Job Retention Scheme enables employers to keep employees on payroll during the COVID-19 pandemic, paying 80% of the salary for employees that would have been laid off. It should be noted that the summary below covers what we know about the Scheme at this time. More (welcome) detail is to follow shortly from the government.

EMPLOYMENT LAW

Coronavirus in the workplace

We are currently receiving a large volume of calls from clients seeking advice on how to deal with staffing issues arising from Coronavirus. Whilst it should be noted that advice is being reviewed by the Government on a daily basis there are certain principles that should apply regardless.

On a basic level, employers have a duty to provide a safe place of work for employees. To counteract the potential effects of Covid-19 the following practical steps should be taken to ensure the workplace is as safe as possible from infection.

LITIGATION

Recent Litigation Success

Millar McCall Wylie recently acted for a client who received £120,000 in compensation for injuries sustained in a serious motorycle accident. Our client was overtaking when the car in front turned right, resulting in him being thrown on to the road. As a result, he had numerous personal injuries including a broken femur, broken ribs, facial injuries and psychiatric damage.

REAL ESTATE

Is Your Home Really Your Castle?

Nowadays it is common to see individuals making a living from the comfort of their own homes. Whilst the convenience of a home business may seem attractive, homeowners should be vigilant to restrictive covenants within their title deeds. It is not at all untypical for title deeds to prohibit the use of a property for business purposes.

Similarly, property owners should be cautious when planning an extension or alteration to their property as title deeds often contain restrictions surrounding this.

EMPLOYMENT LAW

LRA's New Early Conciliation Service introduced from 27 January 2020

In a significant change to NI's employment law process, the Labour Relations Agency's (LRA) new Early Conciliation service is now live, as of Monday 27 January 2020.

Early Conciliation requires employees to register any potential claims with the LRA prior to lodging proceedings with the Office of the Industrial Tribunal and Fair Employment Tribunal.

EMPLOYMENT LAW

Judge rules that 'ethical veganism' should be protected under the Equality Act 2010

An Employment Tribunal Judge in Norwich has ruled that 'ethical veganism' is a philosophical belief and should be protected under the Equality Act 2010.

Mr Jordi Casamitjana was dismissed by the animal welfare charity, League against Cruel Sports, after disclosing to other employees that the charity invested pension funds in firms involved with animal testing.

EMPLOYMENT LAW

How to avoid the nightmare before Christmas...

We are now in the midst of the annual Christmas Party Season. Whilst this is the time of year to spread cheer, unfortunately we feel that it is appropriate to address some issues which may arise from any office party 'drama' in order to avoid legal issues in the New Year.

SPORTS LAW

Legal issues every sports team, player and sponsor should consider

As sport continues to grow as a multi-million-pound industry, there are legal issues which can affect both the professional game and the amateur ranks. A number of high profile matters have recently hit the headlines:

REAL ESTATE

What issues arise from a Company Voluntary Arrangement? Part 2

Millar McCall Wylie Property Partner, Simon Fleming, explains some of the issues which arise out of the implementation of Company Voluntary Arrangements in the second part of a two part series.

REAL ESTATE

What issues arise from a Company Voluntary Arrangement? Part 1

Millar McCall Wylie Property Partner, Simon Fleming, explains some of the issues which arise out of the implementation of Company Voluntary Arrangements in this first of a two part series.

EMPLOYMENT

Sacked Player to sue Rugby Australia over anti-gay comments

The story of high profile rugby player Israel Folau will have come to most people's attention by now as it has garnered significant media interest. Folau has been one of Australia’s top players over the last few years and was widely tipped to be one of the stars of the upcoming Rugby World Cup in Japan this autumn.

EMPLOYMENT

Court of Appeal Rules on PSNI 'Holiday Pay' case

The Court of Appeal recently handed down its landmark judgment in the class action case of the Chief Constable of the PSNI and Northern Ireland Policing Board v Agnew and Others [2019] NICA 32 on Monday 17th June. The Court dismissed the appeal of the PSNI/Policing Board and upheld the prior decision of the Industrial Tribunal, ruling in favour of the group representing more than 3,700 police officers and civilian staff.

PROCUREMENT

Procurement and a no deal Brexit

Public Procurement in Northern Ireland represents a very significant proportion of commercial transactions and plays an important role in the vitality of Northern Ireland's economy. However, the unknown impact of Brexit continues to cast a shadow over this sector of the economy, writes Caroline Prunty.

BUYING AND SELLING HOUSES

The Dilemma of Disclosure

News headlines have recently reported of a Surrey based couple who have launched a landmark legal case to sue the previous owner of their £250,000 two bedroom flat for not telling them of the “neighbour from hell”.

EMPLOYMENT

Supreme Court Rules on "Gay Cake case"

The Supreme Court delivered a unanimous judgement today in the case of Ashers v Lee – the so called Gay Cake case. It has ruled that there were no grounds for discrimination, upholding Ashers’ appeal.

EMPLOYMENT

New Financial Year Brings New Rules

The commencement of the new financial year on 6th April has seen the introduction of a number of important financial and taxation changes which HR professionals and those responsible for employment matters within your business must be aware of.

REAL ESTATE

Wake Up And Smell The Roses!

Do you own or operate a business from premises which you lease? Do you rent out premises which you own to a business?

CORPORATE

Urgent Information for Companies Preparing to Grant EMI Options

An enterprise management incentives option (EMI option) is a type of employee share option specifically designed for smaller companies under which a company may grant options to selected employees to allow them to acquire its shares over a prescribed period and, provided certain qualifying conditions are met

EMPLOYMENT

Time On Call At Home = Working Time

February was a busy month for all Employment law enthusiasts with the UK Government publishing the Taylor Review of Modern Working Practices and the much anticipated Pimlico Plumbers hearing finally reaching the Supreme Court.

GENERAL DATA PROTECTION REGULATIONS

GDPR – 5 Things You Need to Know

The General Data Protection Regulations (GDPR) are coming into force and will be directly applicable in all EU member states on 25 May 2018. If your business is not fully compliant by this date it faces exposure to substantial new fines and penalties.

EMPLOYMENT

Mixed Fortunes in the ‘Gig Economy’

In a month which saw two significant and opposing judgments relating to employment status and the so called ‘gig economy’ it would be remiss of us to consider any other topic in this month’s update.

EMPLOYMENT

Are Employees Counting the Cost of the Assembly Impasse?

Those not directly affected by the collapse of the Assembly in Northern Ireland could be forgiven for believing that it has had no impact on their working lives.

EMPLOYMENT

Employee Imprisoned for Contempt of Court

Every employment contract and relationship contains an implied term that an employee will serve their employer with good faith and fidelity. This includes a duty for an employee to keep confidential information relating to their employer private regardless of whether an express duty to do so is contained in their contract of employment.

EMPLOYMENT

Shared Parental Leave Policy Found Discriminatory

As you will no doubt recall the Shared Parental Leave Regulations (Northern Ireland) 2015 were introduced in April 2015 with significant attention in both the media and employment law forums.

LIQUOR LICENSING

Missed Renewal Deadline —The Legal Hangover

As was widely reported in the media at the time, 2012/2013 saw a spate of pub closures (most notably the Crown Bar, The Great Eastern, Cock & Hen and the Royal Bar) all apparently due to a failure by the relevant operators to apply for liquor licence renewals in advance of the relevant deadline

BUYING AND SELLING HOUSES

The Lifetime ISA and First Time Buyers

The Government’s recently revealed Lifetime ISA (LISA) will be available for savers from 6th April 2017.The LISA allows the ISA holder to save up to £4,000 each year and receive a government bonus of 25%. All or some of the funds can be used to buy a first home or, alternatively, some or all of the funds can be kept until retirement age when any bonus received can be used to uplift retirement savings.

REAL ESTATE

Airbnb Reasons to ‘B’ Careful?

The growth of the ‘on demand’ economy, driven by our increased access to mobile phones and internet, has been a dramatic trend in recent years. We now take it for granted that there is an app on our phone for ordering food, a taxi or even having your house cleaned.

CORPORATE

Want to Motivate Your Employees Whilst Reducing Employment Costs?

Employee share schemes are a powerful way of encouraging your employees to think like owners, helping to make your business more productive, profitable and resilient. This is particularly important in the case of directors and key employees.

EMPLOYMENT

ECJ Uphold Headscarf Ban

There have been a number of high profile cases considering religious expression within the workplace over recent years. None more so that the 2013 European Court of Justice’s (ECJ) judgment in Eweida & Others v United Kingdom where the ECJ concluded that British Airways refusal to allow Ms Eweida to remain in her post while visibly wearing a cross amounted to an interference with her right to manifest her religion.

CORPORATE

Follow the “Crowd”

The term “Crowdfunding” is one which has become extremely prevalent in the business world, and which is used by some of our best recognised tycoons - but what does it mean and how can it work for you?

EMPLOYMENT

Collective Responsibility

Most people will have seen the recent news concerning First Trust Bank. For those of you that haven’t the Bank has announced this week that it plans to close 15 of its 30 branches in Northern Ireland this year. If the plan proceeds there will be a resulting loss of up to 130 jobs. The Bank puts this plan down to changing patterns in how people bank, with a shift away from the traditional visit to your local branch towards the use of on-line facilities.

PERSONAL INJURY

Vibration White Finger Claims

Millar McCall Wylie have obtained compensation for employees across Northern Ireland who have developed Vibration White Finger, also known as Hand Arm Vibration Syndrome as result of excessive exposure to vibrating tools.

PERSONAL INJURY

Minimal Impact Road Traffic Claims

MMW Associate William McSorley was recently instructed in a ‘minimal impact’ personal injury road traffic accident claim. A mother and her son were in a vehicle which was rear ended by another vehicle. They both were claiming compensation for personal injuries as a result of the impact...

FAMILY AND MATRIMONIAL

Unmarried Woman Wins Pension Battle

Julie Byers Solicitor has already taken several calls this week following a landmark judgment from the Supreme Court in relation to pension rights of unmarried and cohabiting couples.

EMPLOYMENT

Political Differences

With the recent announcement of snap Assembly elections and a feast of political stories over recent months it is becoming increasingly difficult for employers to keep political discussion out of the workplace.

EMPLOYMENT

Oh Holy Night

The Equal Pay Act (Northern Ireland) 1970 has been in force for in excess of 40 years however the gender pay gap and ‘the right to equal pay for equal work’ still remains a live issue in workplaces in Northern Ireland, Great Britain and beyond.

BUYING AND SELLING HOUSES

Help to Buy ISAs - What You Need to Know

In 2015 the then Chancellor George Osborne introduced the Help to Buy ISA Scheme which was aimed at giving first time buyers a 25% boost on their savings towards the purchase of a first home. From December 2015 first time buyers were offered the opportunity to open a Help to Buy ISA account with a participating bank....

EMPLOYMENT

Asda Workers seek to ‘Pocket the Difference’?

EMPLOYMENT

Are You Receiving the Correct Holiday Pay?

Employees across Great Britain and Northern Ireland are unaware that they are routinely receiving less holiday pay than they are entitled to. Holiday pay entitlement derives from the EU Working Time Directive and is calculated by reference to an employee’s “normal” pay over a 12 week period.

EMPLOYMENT

Employment Halloween Horrors

In this month’s Employment Update we’ve decided to take a seasonal approach and look at the unexpected frights for an Employer arising from Halloween. From issues concerning religious beliefs to fancy dress in and outside of the workplace you might be surprised to learn that often Halloween provides more employment tricks than treats.

EMPLOYMENT

Sorry Seems to be the Hardest Word

Sometimes a simple apology can go a long way – even in the complex world of employment law. This point was borne out in the case of Forster –v- McKees Farm Shop Limited (Case ref: 484/16) in which the Industrial Tribunal recently handed down its decision.

PROCUREMENT

Strategic Advice in Contentious Public Procurement

The team at MMW represents some of the largest companies in Northern Ireland. Caroline Prunty, Head of Commercial Litigation at MMW is a member of the Procurement Lawyers Association and her “very competent” group has been noted for its expertise in procurement...

EMPLOYMENT

Employment Status can be Uber Difficult

Many cities across the world including Belfast, have recently welcomed the arrival of Uber, an online taxi company which operates by way of a mobile App.

EMPLOYMENT

It's not EU it's me...

Break ups are invariably difficult, emotional affairs and the United Kingdom’s exit from the European Union is no different...

EMPLOYMENT

Varying Terms and Conditions — It’s a Funny Old Game

The recent Northern Ireland Tribunal case of Anne McLarnin v Abbey Insurance Brokers Ltd [NIIT 1168/15] in which Millar McCall Wylie acted for the Claimant...

CORPORATE

Whose Company is it anyway?

What the Small Business, Enterprise and Employment Act 2015 means for you (spoiler alert more red tape)...

EMPLOYMENT

Express Yourself

The ability of employees to express their religious views within the workplace is a hotly contested topic which has given rise to a number of notable cases over the years.

EMPLOYMENT

Thinking of pulling a 'sickie'? Think again

Persistent absenteeism due to illness is an ever recurring issue for businesses. In particular Employers face a constant balancing act between...

REAL ESTATE

The Leasehold Tug-of War

Many landlords and tenants may wish they had paid more attention to their lease agreement, particularly as a result of the economic turbulence of recent years...

PROCUREMENT

Tendering for Public Contracts in 2016

As a regional leader in commercial dispute resolution ranked in Chambers and the Legal 500, Millar McCall Wylie (MMW) are naturally very familiar with the intricacies of public procurement law as it relates to this jurisdiction.

HEARING LOSS CLAIMS

Claims on the rise

Industrial Deafness claims have been described as the ‘new whiplash’ by the insurance industry such has been the recent spike in hearing loss claims and the cost to insurers...

EMPLOYMENT

TUPE or not TUPE…that is the question

The law relating to business transfers and connected employee rights is extremely complex...