Insights.

Fletcher Day and Outer Temple Chambers are delighted to be holding their first joint Employment Law Seminar followed by drinks and canapes

The 2017 edition of Legal 500 has recognised the outstanding work of several of the Fletcher Day teams.

If a key or senior employee of your company jumps ship and wants to joins a competitor; that non-compete restrictive covenant in their Service Agreement or Employment Contract will prevent them from doing so, and protect your business, won’t it?
Hmmmmm.  Well, maybe not.

Imagine this scenario. You, as a tenant, enter into an agreement with a landlord and you think that you have gained all the rights and privileges that are afforded to tenants under the law. The problem is that when you try and enforce those rights, you discover that you are not, in fact, a tenant at all and the “lease” is actually not a lease!!

Staying at the heart of international dispute resolution 
Background
As the United Kingdom prepares to exit the European Union, steps are being taken to ensure that England and Wales retains its reputation as the ‘go to’ jurisdiction for international dispute resolution.
There are many advantages to conducting litigation in England and Wales. Indeed, the Lord Chief Justice has recently commented that the overall cost of UK dispute resolution ‘compares favourably’ to alternative jurisdictions. In its present state, England and Wales is recognised as one of the fairest and most adaptable systems in the world – particularly in respect of its ability to adapt court procedures to meet the requirements of a particular case.
Irrespective of this position, the ‘business’ Courts of England and Wales previously consisted of the Commercial Court (including the Mercantile Court), the Technology and Construction Court and the courts of the Chancery Division. Whilst these courts all have different names, they all fundamentally deal with matters concerning business and property.

The government’s new Apprenticeship Levy came into effect this year; on 6 April 2017 and applies to employers operating in the UK who have a salary bill of more than £3 Million.  A levy-paying employer must pay a 0.5% levy on their salary bill each month and as a result is given an Apprenticeship Levy allowance of £15,000 per annum to use on “applicable training”.

GROUND RENT SCANDAL
Background
During the past few months there has been somewhat of an explosion of the ground rent scandal in relation to leasehold houses. This has resulted in the Government recently launching a consultation into banning unfair leasehold practices, including the sale of new build houses which contain punitive ground rent clauses. 
An eight week consultation was launched on 24 July 2017 which will consider the various unfair practices.  This is clearly justified, bearing in mind that there are four million leasehold homes in the UK.
As a result of this scandal Taylor Wimpey have set aside £130m to compensate buyers of new built leasehold houses. 

Whether you are buying or selling a business, it is a significant decision and one which must be considered carefully by all parties involved.
There are two principal ways of acquiring a business in the UK:
1. Asset purchase –the buyer chooses to buy certain assets and rights of a business which are owned by the selling company; and
2. Share purchase – the buyer acquires ownership of the target company in its entirety. This acquisition would include all assets, liabilities and obligations of the business.