Wrigley Claydon Solicitors

Category: Business & Employment

  • Retail trading app ‘RobinHood’ faces lawsuit against claims of market manipulation

    Retail brokerages restricted trading recently in GameStop and other stocks caused big losses for hedge funds.

    Free-stock trading pioneer Robinhood and Interactive Brokers said that in some cases, investors would be able to sell only their positions and not open new ones. Both brokerages raised margin requirements on certain securities.

    Robinhood said its decision to restrict trading, which angered many users was necessary in order to comply with capital requirements mandated by the SEC for broker dealers.

    This has led to a lawsuit being filed in New York claiming that Robinhood rigged the market against its customers. It is alleged that Robinhood’s actions were “done purposefully and knowingly to manipulate the market for the benefit of people and financial institutions who were not Robinhood’s customers”.

     

    Suffering a dispute can have serious implications on you and your livelihood and reputation.  Our dispute resolution solicitors will quickly and efficiently put your case together and act on your behalf. Call Vijay Srivastava or Shalish Mehta in our civil and commercial litigation department on 0161 624 6811(Option 6) or email vjs@wrigleyclaydon.com or sm@wrigleyclaydon.com. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

    Civil Litigation
    Dispute Resolution
    Commercial Litigation

  • Economy Adviser initiates legal proceedings against the government over the closure of hospitality venues

    Greater Manchester’s night-time economy adviser Sacha Lord has begun legal proceedings against the government over the closure of hospitality venues.

    He stated that a judicial review began on Tuesday 20 October 2020 into the legality of implementing emergency restrictions on the hospitality sector i.e. closing pubs and bars not serving food “without any evidence” it would bring down transmissions of Covid-19.

    A pre-action letter had been filed as he awaits response from the Health Secretary Matt Hancock

    The legal challenge is supported by organisations including The Night Time Industries Association, UK Hospitality and various prominent Greater Manchester venues.

    Suffering a dispute can have serious implications on you and your livelihood and reputation.  Our dispute resolution solicitors will quickly and efficiently put your case together and act on your behalf. Call Vijay Srivastava or Shalish Mehta in our civil and commercial litigation department on 0161 624 6811(Option 6) or email vjs@wrigleyclaydon.com or sm@wrigleyclaydon.com. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

    Litigation Solicitors
    Civil Litigation
    Dispute Resolution
    Commercial Litigation

  • Lionel Messi transfer: Barcelona star faces legal battle over contract

    It has been reported that Lionel Messi has told Barcelona that he wants to leave the club immediately – and on a free transfer.

    Messi believes that a clause in his contract means he can walk away for no fee. Barcelona, however, insist that he is still bound by a €700m (£629m) buy-out clause.

    Barcelona believe the deadline for that clause to be applied expired at the end of May. However, given the exceptional nature of this season, which extended into the summer due to Covid-19 and did not formally end until the Champions League final last Sunday, Messi is set to argue that the deadline should be set on 31 August.

     

    Suffering a dispute can have serious implications on you and your livelihood and reputation.  Our dispute resolution solicitors will quickly and efficiently put your case together and act on your behalf. Call Vijay Srivastava or Shalish Mehta in our civil and commercial litigation department on 0161 624 6811(Option 6) or email vjs@wrigleyclaydon.com or sm@wrigleyclaydon.com. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

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  • Uber drivers’ fight for workers’ rights reaches supreme court

    Uber aims to change the ruling at the two-day hearing at the Supreme Court that previously said employees should be classified as workers in what could be a landmark decision.

    The legal battle began back in 2016 when an employment tribunal ruled in favour of a group of Uber drivers who requested employment protections such as minimum wage and holiday pay.

    If Uber loses again it could jeopardize its business model and will not be able to classify its drivers as self-employed.

    The case could also have significant ramifications for other companies such as Deliveroo and Airbnb if Uber loses.

    Wrigley Claydon Solicitors have been trusted for 225 years and have offices in Manchester, Oldham and Todmorden

    Company and Commercial Solicitors
    Commercial Property Solicitor
    Employment Solicitor
    Company Law Solicitors
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    Landlord Advice
    Licensing Solicitor
    Commercial Litigation

  • New insolvency law to help businesses survive in face of ‘aggressive debt recovery’ during pandemic

    Businesses struggling to stay afloat through the Covid-19 crisis could be saved by the introduction of a new Corporate Governance and Insolvency Bill giving companies time to restructure, refinance and keep trading when they might otherwise go out of business because of debts caused by the coronavirus pandemic.

    Under the rules, wrongful trading provisions will be temporarily suspended; meaning directors could continue trading through the pandemic without the threat of personal liability.

    Wrongful trading makes it an offence for a company to continue trading when they know a business will not be able to avoid going into liquidation. However, the pandemic means that thousands of businesses have found themselves in a position where they must trade when they are technically insolvent.

    The measure will suspend the use of written demands from creditors to pay a debt, known as statutory demands, where the debt has been caused by the coronavirus crisis.

    Winding-up petitions, which allow creditors to demand that a company in default of its debt payments will also be suspended until at least the end of June.

    Directors still have legal responsibilities under wider company law and these duties would remain in place, as would measures in insolvency law to penalise directors who abuse their position.

    When it comes to legal advice, all businesses need someone skilled, reliable and experienced they can turn to for support and guidance. Call John Porter  in our Company and Commercial Dept on 0161 624 6811(Option 4) or email jap@wrigleyclaydon.com.

    Company and Commercial Solicitors
    Commercial Property Solicitors
    Employment Solicitor in Manchester, Oldham and Todmorden
    Company Law Solicitors
    Company Health Check
    Landlord Advice
    Licensing Solicitor
    Commercial Litigation

  • Coronavirus furlough update – do you need written agreement?

    Source: Pannone Corporate 

    At the end of last week the publication of a Direction from the Treasury to HMRC setting out the legislative framework for the operation of the Coronavirus Job Retention Scheme caused concern for many employers who had furloughed employees without obtaining their express written agreement.

    The Direction specifies that in order for an employee to be properly furloughed, they must have “agreed in writing(which may be in an electronic form such as an email) that the employee will cease all work in relation to their employment.”  This is inconsistent with the official guidance published by the Government which has always stated that in order to be eligible for the grant employers must simply “confirm in writing to their employee that they have been furloughed.”

    The Government has now added a note of clarification to its guidance, presumably in response to the concerns raised by this inconsistency.  The guidance now states:

    “To be eligible for the grant employers must confirm in writing to their employee confirming that they have been furloughed. If this is done in a way that is consistent with employment law, that consent is valid for the purposes of claiming the CJRS. There needs to be a written record, but the employee does not have to provide a written response.”

    This makes it clear that employers do not need to produce express written agreement from employees – written notification and implied agreement, or agreement via collective bargaining should suffice.

    If you would like advice on any of the issues raised above or assistance with drafting a furlough agreement, please do not hesitate to get in touch with us.

  • Changes to Employment Law April 2020

    Changes to Employment Law April 2020

    New legislation making major changes to existing employment regulations comes into force from Monday 6 April 2020.

    Employers and employees can find the updated advice here on Acas’s website. The most significant changes are:

    Parental bereavement leave and pay

    The Parental Bereavement Leave and Pay Act 2018 gives all employed parents the right to 2 weeks’ paid leave if their child aged under 18 dies, or if they have a stillbirth at 24 weeks or later.

    Written terms (‘written statement of employment particulars’)

    Workers now have the same right as employees to written terms (a ‘written statement of employment particulars’) from their employer.

    Employers must provide their workers and employees with their written statement on or before their first day of employment, no matter how long they’re employed for.

    The written statement must include details about:

    • the hours and days of the week the worker or employee is required to work, and whether they may be varied and how
    • entitlements to any paid leave
    • any other benefits not covered elsewhere in the written statement
    • any probationary period
    • any training provided by the employer

     

    Agency workers’ rights

    The Swedish Derogation (referred to as ‘pay between assignments’ contracts) is abolished from 6 April 2020, so all agency workers are entitled to the same rate of pay as their permanent counterparts after 12 weeks.

    All agency workers are entitled to a key information document that clearly sets out the type of contract they will have and the pay they’ll receive.

     

    ICE (Information and Consultation of Employees) Regulations

    From 6 April 2020, it’s been made easier to request an information and consultation agreement. A minimum of 2%, rather than 10% of employees (or at least 15 people), in workplaces with 50 employees or more can request a formal agreement to be informed and consulted about workplace matters.

     

    Changes to holiday pay calculations

    From 6 April 2020, the period used to calculate a week’s pay for holiday pay purposes increases from the previous 12 weeks of work to the previous 52 weeks.

     

    Source

  • Australian Cricketer Mitchell Starc Sues Insurance Company Over IPL Contract Payment

    Australia bowler Mitchell Starc could lose his IPL payout of $1.53 million after the opposition lawyers claimed that the leg-injury which ruled him out of the 2018 season was not sudden or unexpected.

    Kolkata Knight Riders bought Starc for $1.8 million in the auctions. However, Starc was unable to play any game for the franchise due to his injury, which he sustained during Australia’s tour of South Africa.

    Starc had then filed a lawsuit in the Victorian County Court against a syndicate of Lloyd’s of London. Lloyd’s of London denied that Starc suffered a bodily injury within the meaning of the policy on March 10. They believed that Starc’s injury was a result of the accumulation of a series of accidents and/or traumas that occurred before March 10.

    A civil trial which was listed for March 30 has now been postponed until June 17. The hearing will be held before only a judge and is expected to last for three days.

    Suffering a dispute can have serious implications on you and your livelihood and reputation.  Our business solicitors will quickly and efficiently put your case together and act on your behalf. Call Vijay Srivastava or Shalish Mehta in our civil and commercial litigation department on 0161 624 6811(Option 6) or email vjs@wrigleyclaydon.com or sm@wrigleyclaydon.com. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

  • “Jack’s Law” Paid bereavement leave for Parents who suffer the loss of a child under 18

    The UK is about to be the first country in the world to allow parents who suffer the loss of a child under the age of 18 years, to take paid bereavement leave.

    Following a campaign by Lucy Hurd “Jack’s law” will be introduced from April.

    Lucy’s son Jack died aged just 23 months when he drowned in a pond. Jack’s father was entitled to only three days off work to grieve, one of these being the day of the funeral. Lucy recognised that in the aftermath of the death of a child the parents not only have to cope with their own grief but also that of siblings and the wider family. A sudden death may involve a post-mortem or inquest. Parents will now be entitled to take two weeks paid leave from work. It is hoped this will help 10,000 families a year in the UK.

     

    If you need help and legal advice following a bereavement or a difficult employment issue please contact Wrigley Claydon Probate solicitor Rachel Damianou on telephone (0161) 624 6811 option 3/email rld@WrigleyClaydon.com  and our employment solicitor John Porter  can be contacted on telephone (0161) 624 6811 option 4/email jap@WrigleyClaydon.com

  • Scotland is set to become the first country in the world with a minimum price for alcohol sales

    Scotland is set to become the first country in the world with a minimum price for alcohol sales after the Supreme Court rejected an appeal from the Scotch Whisky Association (SWA) and other drinks manufacturers, who argued that the policy was “disproportionate” and illegal under European law.

     

    It brings to a close a five-year legal battle over the Scottish Government’s plan to introduce a 50p minimum unit price for alcohol, in a bid to curb harmful drinking of cheap, super strong alcohol.

     

    Lord Mance said “The 2012 Act does not breach EU law. Minimum pricing is a legitimate means of achieving a legitimate aim.”

     

    SWA and spiritsEUROPE and Comité Européen des Entreprises Vins had argued that the policy would fall foul of EU trade laws and its objectives could be achieved by an excise duty or tax increase.

    But the Supreme Court said EU law makes provisions for law which “protects human life and health”.

    The proposal of a 50p per unit charge means four 440ml cans of five per cent strength lager would cost at least £4.40, a 12 per cent bottle of wine would be at least £4.50 and a 70cl bottle of whisky must cost at least £14.

    David Cameron’s coalition government scrapped plans for an English minimum pricing plan in 2013, but health leaders said Wednesday’s judgment should be cause to restart action.