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ORJ Secures £9,500 for Whistleblower

ORJ secured damages of £9,500 for an employee who was subjected to detriment having made a protected disclosure contrary to Section 47B of the Employment Rights Act 1996. The Facts of the case were as follows: Our client resigned her employment with her employer, B Limited in March 2017 in order to take up a […]

Setting Up In Competition With Your Employer Can Be A Criminal Offence

It is not a widely known by employees and employers alike that competing with your employer can be a criminal offence under the Fraud Act 2006. Competing with your employer may involve setting up or planning to set up in a competing business whilst still employed and or the diverting of business opportunities from your […]

Dismissing Short Serving Employees

Employees with less than 2 years’ service generally cannot bring a claim for unfair dismissal. Where an employee has less than 2 years’ service the employer does not need to establish one of the potentially fair reasons for dismissal under S98 of the Employment Right Act 1996. Employers will need to make sure that the […]

Business Goodwill and Confidential Information

ORJ’s Strategy for protecting Business Goodwill and Confidential Information I am often instructed by clients in connection with concerns over employees misusing or misappropriating confidential information, customer data and client contact lists. As one Managing Director told me recently data was his company’s most important single asset. That business was a manufacturer turning over in […]

Shared Ownership

What is Shared Ownership? Shared Ownership is a scheme introduced by the Government which allows buyers to purchase a share in a home they would otherwise be unable to afford. The arrangement is designed to assist those on lower incomes to become homeowners. The share in a property which buyers can purchase ranges from 25% […]

Share buybacks and deferred consideration

How to structure a share buyback that is both affordable to the Company and allows favourable tax treatment for the seller. Why a share buyback? Share buybacks can be a great way for a company to return capital to its shareholders thereby increasing earnings per share. Alternatively and most usually they are a way of […]

Dividing assets in a short marriage

Short marriage example: Sharp v Sharp 2017 It has long been the case that the family courts divide assets on divorce by reference to the “yardstick of equality”; following the then land-mark case of White v White over 17 years ago. Many practitioners have taken this to mean an equal 50/50 split, although that is […]

Construction: delay and disruption protocol

Such are the problems caused by delay and disruption within the construction industry, the Society of Construction Law has published its own delay and disruption protocol; an eighty four page document now in its second edition. Whilst most contractors will certainly not need to memorise the entire protocol, any business operating within the construction industry […]

Maintenance for life?

 A cautionary note for Financial Advisors I am presently involved with a challenging but very interesting case involving the variation of spousal maintenance following divorce. My case involves the variation of a joint lives order for periodical payments, made upon the parties’ divorce some 17 years ago or put more simply, an application by the […]

Paying for divorce

It is fair to say divorce (and relationship breakdown for unmarried couples) is one of the most stressful events in a person’s life. My clients often tell me that what compounds stress levels is when essential legal advice seems unaffordable. Understandably, both parties want to preserve or secure what they each perceive to be their […]