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The government has confirmed that it is to amend the law in light of Redfearn v UK.
Mr Redfearn argued he had been dismissed after becoming a BNP councillor, i.e. on grounds of his political affiliation. He was unable to claim unfair dismissal against his employer, Bradford City Council, because he did not have the continuity of employment needed to do so. He was unsuccessful with a claim under the Race Relations Act 1976 – his complaint was of discrimination on political grounds, outside of the scope of discrimination legislation. The European Court held the continuity requirement breached Article 11 of the European Convention, namely the right to protest and to freedom of association.
As a result, no continuity of service will be needed where the alleged dismissal is on grounds of political belief or affiliation. Employers must not overlook this new exemption when proposing to dismiss any employee who has not attained the relevant continuity of employment for a standard unfair dismissal claim.
The Government appears set to announce plans on ‘living with Covid to restore freedom’. With the success of the retail and hospitality sector key to recovery, what protections will be on offer to tenants to deal with Covid-19 rent arrears?
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Break rights have proved a fertile source of litigation over the last few years. More often than not, tenants have found themselves on the wrong end of the decisions. However, a Court of Appeal decision yesterday has bucked that trend.
One of the requirements for tenants to contract out of the security of tenure regime contained in the Landlord and Tenant Act 1954 is that they make a simple or statutory declaration before entering into the lease.
Landlords should reconsider summary judgment if a Part 26A restructuring plan is pending.
Senior Associate
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