Lawyer For Employment Legal Advice

Lawyer For Employment Legal Advice

Helping You Get On With The Job

With Nath Solicitors, you get direct access to a senior solicitor with years of commercial experience. We are a small firm — flexible and responsive to the needs of employers and employees in London, Surrey Croydon and Birmingham

With lawyers who have spent most of their careers working inside major corporations we can say that we genuinely understand the pressures faced by both employees and employers when disputes arise.

For our employment law clients the in house expertise matters: You won’t be advised by solicitors whose only understanding of the workplace comes from lengthy law reports. Instead, you will have advisers on your side who know first-hand how business works. Click here for more details..

Contact Details:
Nath Solicitors Limited
4/4a Bloomsbury Square
London, WC1A 2RP
Tel: 02036705540
Email: shubha@nathsolicitors.co.uk
Web: https://www.nathsolicitors.co.uk/

Investment Business

Solicitors for Investment Business
Legal help for Investment Business

We advise clients on the Financial Services and Markets Act (FSMA), the FCA Handbook and on European laws that apply to the activities of authorised firms in the UK (including MiFID and CAD). We have particular expertise in commodity derivatives.

We advise clients as to how best to structure their businesses (example as introducing brokers/authorised representatives/regulated entities).

We assist clients which are unregulated firms by providing ‘perimeter advice’ to enable them to identify whether any of their activities amount to regulated activities for the purpose of the FSMA and whether or not such activities may require authorisation under Part IV of FSMA. Click here for more details..

Contact Details:
Nath Solicitors Limited
4/4a Bloomsbury Square
London, WC1A 2RP
Tel: 02036705540
Email: shubha@nathsolicitors.co.uk
Web: https://www.nathsolicitors.co.uk/

Employment Dismissal Deemed Unfair Due to Employers Failure in Conducting a Proper Investigation

Employment dismissal, is it fair or unfair?
Tykocki v Royal Bournemouth & Christchurch Hospitals NHS Foundation Trust UKEAT/0081/16/JOJ.
Background

A patient complained about the behaviour of a healthcare assistant (the “Claimant”). The employer decided to suspend the Claimant for the period of the investigation and furthermore dismissed the Claimant for gross misconduct.

The Claimant denied the allegation made by the patient and considered that several elements were not investigated and the investigation process was not as efficient as it should be.

Following this the Claimant took legal action alleging her dismissal was unfair however, the Employment Tribunal rejected her claim.
Decision

The Claimant appealed.

The EAT considered that the Employment Tribunal should have taken in consideration the failure in the disciplinary process consisting in the absence of records of the discussion between the patient and the employer collected at the stage of the disciplinary investigation, the lack of opportunity for the Claimant to respond to the allegations, the absence of an investigation relating to allegation of the patient as requested by the Claimant and other elements that the Claimant stressed to demonstrate that her dismissal was unfair because the investigation was biased. Click here for more details..

Contact Details:
Nath Solicitors Limited
4/4a Bloomsbury Square
London, WC1A 2RP
Tel: 02036705540
Email: shubha@nathsolicitors.co.uk
Web: https://www.nathsolicitors.co.uk/

Investigatory Powers Bill

Investigatory Powers Bill receives Royal Assent…

Introduced as a counter-terrorism measure in September 2015 by then Home Secretary Theresa May, the Investigatory Powers Bill, otherwise known as the “Snooper’s Charter” received Royal Assent on the 29th November. Plans on how the Act will be implemented is being developed by the Home Office;and in due course will be revealed.

The main provisions of the Bill include:

Internet Service Providers to store records of your Internet Connection Record for 12 months for use by government agencies – this contains information such as every website visited, when it was visited, location of the visit and which device it was visited from etc.
The introduction of new powers for Intelligence Agencies and law enforcement to carry out ‘targeted interception’ – essentially hacking of communications.
The ability for intelligence agencies to obtain bulk personal data-sets, which will likely include a “majority of individuals”.
An obligation for ISPs to provide unencrypted information for the Government and law agencies with a warrant.

The Bill proposes several powers which have raised considerable concerns among-st privacy campaigners, Members of Parliament and technology companies about the lack of privacy and security. A petition has been action-ed with over 133,000 signatories who are calling for the Bill to be repealed. Click here for more details..

Contact Details:
Nath Solicitors Limited
4/4a Bloomsbury Square
London, WC1A 2RP
Tel: 02036705540
Email: shubha@nathsolicitors.co.uk
Web: https://www.nathsolicitors.co.uk/

The General Data Protection Regulation Post Brexit

The aftereffects of Brexit on the GDPR

The UK’s decision to leave the European Union leaves the issue of data protection in some uncertainty given that the General Data Protection Regulation (GDPR) is expected to come into force in May 2018.

In efforts to dispel this uncertainty, it has been clarified that the GDPR will be effective from the 25th May 2018, until the confirmed Brexit date. The GDPR will supersede the current Data Protection Act from 1998 with the aim of providing more contemporary laws for the digital world and improve and strengthen data protection for EU citizens as well as increase business opportunities.
To recap some key requirements of the GDPR are:

A higher threshold for consent. Consent must now be freely given, specific, informed and unambiguous shown by a statement or a clear affirmative action
The mandatory appointment for a Data Protection Officer. This requires the appointment of someone with “expert knowledge” of data protection law to oversee and ensure compliance
Tougher sanctions and fines. For non-compliance; up to 20 million Euros or 4% of annual worldwide turnover.
Obligatory Privacy Impact Assessments. These will show an organization has considered the risks associated with personal data practices.
Data breach notification requirements. Breaches must be notified to the Supervisory Authority within 72 hours. Click here for more details..

Contact Details:
Nath Solicitors Limited
4/4a Bloomsbury Square
London, WC1A 2RP
Tel: 02036705540
Email: shubha@nathsolicitors.co.uk
Web: https://www.nathsolicitors.co.uk/

Police Misuse of Data Processing Powers

Brown v Commissioner of Police of the Metropolis and Chief Constable of Greater Manchester Police, Claim Nos 3YM 09078.
Background

The County Court awarded Andrea Brown (AB) £9,000 in July 2016 as a consequence of the police breach of data protection laws.

AB, whilst on sick leave, left the country to travel to Barbados with her daughter and failed to inform her line manager; this was a breach of her terms of employment.

A police officer from the Greater Manchester Police (GMP) requested information regarding AB from the National Border Targeting Centre (NBTC) in preparation for a disciplinary hearing against AB.

The officer obtained AB’s flight passenger details including both her and her daughters flight itinerary, her passport photograph, passport details.and information about flights AB has taken from 2005. Another officer went further requesting a “personal data request form” to the airline and they provided booking and passenger details. Click here for more details..

Contact Details:
Nath Solicitors Limited
4/4a Bloomsbury Square
London, WC1A 2RP
Tel: 02036705540
Email: shubha@nathsolicitors.co.uk
Web: https://www.nathsolicitors.co.uk/

Data Protection : Damages for Breach

TLT and Others v The Secretary of State for the Home Department and the Home Office [2016] EWHC 2217 (QB), 24 June 2016 (“TLT”)
Background

The Data Protection Act 1998 (“DPA”) makes provision for regulation of “the processing of information relating to individuals, including the obtaining, holding, use or disclosure of such information.”

Section 13 of the DPA permits a person who suffers “damage” or “distress” by reason of any breach of his/her personal data, to take legal action to obtain compensation for failure to comply with the requirements with DPA.

In TLT (“Claimants”), the Home Office published on its website personal data (including the “name”, “date of birth”, “nationality”, “address”, “immigration case, type and status”) of the Claimants who had made an asylum application to remain in the UK.

The personal data of the Claimants was published in error for 13 days on the Home Office website. The Claimants personal data were accessed on the Home Office’s website on 27 occasions. Subsequently the Home Office notified the Claimants with an explanatory letter of apology about the erroneous disclosure on its website. Click here for more details..

Contact Details:
Nath Solicitors Limited
4/4a Bloomsbury Square
London, WC1A 2RP
Tel: 02036705540
Email: shubha@nathsolicitors.co.uk
Web: https://www.nathsolicitors.co.uk/

LANDLORD’s BEWARE! COULD YOU BE WITHOLDING CONSENT UNREASONABLY ?

No.1 West India Quay (Residential) Ltd v East Tower Apartments Ltd
Case Summary

In this recent case, East Tower Apartments Ltd (T) holders of long leases of residential apartments with No.1 West Quay Ltd (L) wished to assign apartments. As per the terms of the lease, L’s consent was required, such consent not to be unreasonably withheld.

L refused consent on 2 of its apartments, which T challenged L’s consent as being unreasonably withheld. Additionally, it was argued that the response time for granting consent to another of its apartments was unreasonably delayed.

In the first instance, the county court found that L had not unreasonably delayed the consent. This was because the T’s request to assign was not sent to L’s registered office. (Although it was sent to another address specifically stated by L).

However, in relation to the matter of unreasonably withholding consent, the county court decided in favor of T.

L appealed the decision and the matter was presented to the High Court. Click here for more details..

Contact Details:
Nath Solicitors Limited
4/4a Bloomsbury Square
London, WC1A 2RP
Tel: 02036705540
Email: shubha@nathsolicitors.co.uk
Web: https://www.nathsolicitors.co.uk/

Directors’ Fiduciary Duties and Personal Liability

Company Law: BTI 2014 LLC and BAT INDUSTRIES  PLC V SEQUANA SA 2016. 

In the case, dividend payments were made by a subsidiary company to its parent company based on incorrect amounts. It was to the Court to determine whether this was in breach of the directors’ fiduciary duties to the company or were transactions defrauding the creditors. In addition, the decision to reduce the company’s share capital was also challenged.
Reduction of share capital

Section 642 Companies Act 2006 sets out the instances where a solvency statement must be made to support a reduction in capital.

A solvency statement is a statement written by all directors outlining the company’s situation at the time of writing. It includes the following:

That no grounds exist indicating that the company would not be able to pay or discharge its debts and:

Immediately following the statement, the company will be able to pay its debts as and when they are due up to the 12 months following the statement. In the event that a company intends to wind up within the 12 months, the statement will outline that the company will be able to pay or discharge its debts within 12 months of the commencement of winding up.

In forming their opinions, directors must take into account all of the company’s liabilities, including any contingent or prospective liabilities. If they make a solvency statement without reasonable grounds for the opinions expressed, a criminal offense has been committed. This offense is punishable by 12 months’ imprisonment, a fine or both. Click here for more details..

Contact Details:
Nath Solicitors Limited
4/4a Bloomsbury Square
London, WC1A 2RP
Tel: 02036705540
Email: shubha@nathsolicitors.co.uk
Web: https://www.nathsolicitors.co.uk/