Pair were shadow directors but didn’t breach duties, says court

LEGAL UPDATE: Two men were shadow directors of an insolvent property development company and so did owe the company fiduciary duties but their behaviour did not breach those duties, the High Court in England has ruled.

“The judge said that it was clear that de facto directors had the same duties as regular directors and that the extent of shadow directors’ fiduciary duties will depend on the circumstances of each case.”

— Read on www.out-law.com/en/articles/2018/may/shadow-directors-restructuring-duties-unbreached/

A termination payment made to an employee for ‘injury to feelings’ following age discrimination related to his dismissal is not taxable, the Court of Appeal has said in a ruling which overturns a decision by the Upper Tribunal.04 May 2018

That said, this is not yet a victory for employees and employers, in the current economic climate HMRC is likely to appeal.

Mediation is key to avoiding the blame games that leads to futile and costly court battles

The Guardian today reports that lack of no-fault divorce in England and Wales is forcing separating couples into unnecessary and unsuccessful courtroom battles to establish who caused the breakdown, according to a report by the Nuffield Foundation.

In my experience as a mediator, this is very true but not just for couples divorcing but for a whole range of commercial and employment disputes, customer complaints and grievances – they are often settled by mediation or it that fails, by binding arbitration. Further more, the cost saving is enormous.

Nuffield Foundation says outdated law needs a no-fault divorce option
— Read on amp.theguardian.com/lifeandstyle/2018/apr/26/divorce-blame-game-leads-to-futile-court-battles-new-study-finds

Confidentiality and the grievance procedure explored

There is no such thing as a typical grievance – each one’s different and this means that it’s far more difficult for employers to make plans in advance. However, there are underlying themes to any grievance and one of the most important is confidentiality. Grievance procedures involve matters that, whilst relatively ro
— Read on www.rradar.com/blog/confidentiality-and-the-grievance-procedure