Housing case law - December 2018 update
Our latest monthly roundup of must read #ukhousing case law.
Confidentiality is not an automatic bar to disclosure
Marston Holdings Ltd v Ministry of Justice (HM Courts & Tribunal Service)  EWHC 3168 (TCC)
When is a Development Agreement caught by procurement rules?
Read our insight into the implications from the Faraway case.
Health Creation, Wealth Creation - fighting health inequalities using community assets
Health and social care
On 21 November, Capsticks sponsored the NHS Alliance Summit in Manchester, bringing together health and housing to tackle health creation across our communities.
Safeguarding – is your organisation compliant?
Abuse and neglect has a devastating impact on individuals and communities and more often than not, this abuse will take place in the home.
Housing case law - November 2018 update
Our latest monthly roundup of must read #ukhousing case law
Court of Appeal upholds ruling on “pay less” notices
The Court of Appeal confirmed the decision reached by the High Court earlier this year in Grove Developments Ltd v S&T case on 'pay less' notices.
Budget 2018 - Implications for Housing
The Government’s support for the Housing sector continued, with some real treats included in the Halloween budget.
Employers can be legally responsible for malicious data breaches committed by employees
In Wm Morrison Supermarkets PLC v Various Claimants, Morrisons appealed a High Court judgment that it should be vicariously liable for a data breach committed by an employee.
Housing case law - October 2018 update
See our October housing case law round-up
Employment quarterly update
See our latest quarterly employment law updates which includes recent cases and legal developments.
Housing case law - September 2018 update
See our September housing case law update
Spotlight on The Social Housing Green Paper
It's out! Finally, after weeks of waiting, the Social Housing Green Paper has been released today. Our housing experts have been busy analysing the paper and set out the below summary of what you need to know.
Housing case law - August 2018 update
See our August housing case law round-up.
The new National Planning Policy Framework - our summary
Our summary of the key points from the new National Planning Policy Framework.
EAT rules on holiday pay entitlement under Agenda for Change
The Employment Appeal Tribunal has considered the difficult issue of voluntary overtime and the calculation of holiday pay.
Housing case law - July 2018 update
See our July housing case law round-up.
Are Community Protection Notices working?
An insight into the effectiveness of CPNs and when they should be used
Supreme Court upholds need for variations to follow contractual process
An insight into the the Rock Advertising Limited v MWB Business Exchange Centres Limited judgment.
Housing case law - June 2018 update
Our monthly #ukhousing case law update to keep you one step ahead.
Supreme Court rejects appeal in Pimlico Plumbers case
An insight into the highly publicised case on worker status, Pimlico Plumbers v Smith.
Revised section 40 of the Freedom of Information Act
Due to the Data Protection Act 2018 and GDPR, there are consequential changes to s. 40 of the Freedom of Information Act 2000.
Major insurance company enters bankruptcy
Alpha Insurance Company A/S has recently been declared bankrupt. Find out the actions required if you're affected.
Shared parental leave and discrimination – the latest from the EAT
An insight into the question of whether a man taking shared parental leave is entitled to the same rate of pay as a female employee taking maternity leave.
Housing case law - May 2018 update
Our monthly #ukhousing case law update to keep you one step ahead
What does Labour’s new green paper ‘Housing for the many’ mean in practice?
Jeremy Corbyn and Shadow Housing Secretary John Healey launched Labour’s green paper on social housing last week. The headline statistic is that Labour plan to build one million new homes over the next 10 years.
Housing case law - April 2018 update
April's housing case law update
Planning reform - National Planning Policy Framework consultation 2018
On 5 March 2018, the Government announced a raft of suggested planning reforms which includes revisions to the current National Planning Policy Framework (NPPF).
GDPR support for HR - Be one step ahead of May's deadline
The General Data Protection Regulation (GDPR) will have a significant impact on how organisations deal with the personal data of their workforce.
“Pay less” notices: the contractor’s payment prerogative?
The payment provisions of construction contracts can often lead to disputes between property developers and contractors.
Housing case law - March 2018 update
Our monthly housing case law update.
Tribunal rules that leaseholders must pay for cladding removal costs
The First Tier Tribunal Property Chamber has ruled that the leaseholders of Citiscape, a private tower block in Croydon, must collectively pay the cost of removing dangerous cladding from their building.
Gig-Economy workers' rights update
The Government published “the Good Work Plan”, its response to “Good Work”, the review into modern working practices which was led by Matthew Taylor in late 2017.
Housing case law - February 2018 update
See our February 2018 Housing case law update
Government response to Naylor Review
Health and social care
The government has issued its long awaited response to the Naylor Review.
Residential lease extensions: valuations update
The court of appeal yesterday ruled unanimously against a change in the basis
Carillion: Liquidation- urgent action required
Health and social care
The second largest UK construction company, will send shockwaves
Leasehold: The government's proposed changes
A response to its consultation on tackling unfair practices in the leasehold market
Our 2017 housing highlights
2017 was a very busy and exciting year for the housing team at Capsticks
Disclosures made purely in self-interest are not protected
The Employment Appeal Tribunal (EAT) has provided useful guidance on the scope of whistle blowing legislation
Housing case law - December 2017 update
The Court of Appeal has upheld a county court ruling that a landlord’s service
Latest holiday decision from the European court of justice
The ECJ handed down its judgment this week in King v Sash Windows Workshop Ltd
The autumn budget: A new hope?
The conservative party conference in october this year, she would personally “dedicate her premiership
Dismissal for failure to provide evidence of right to work in the UK
One of the potentially ‘fair reasons’ for dismissal under the Employment Rights Act 1996
Housing case law - November 2017 update
The court of appeal has clarified the meaning of “significantly more vulnerable”
Capsticks and Chartered Institute of Housing collaborate to bring you the Knowledge hub
To announce that we are now working with the Chartered Institute of Housing (CIH)
Theresa May announces the scrapping of the housing benefit cap for supported housing and the wider social housing sector
Local housing allowance (LHA) cap on supported housing.
Employment tribunal fees refund scheme begins
The government announced the first details of the employment tribunal fees refund scheme
New corporate offence of failure to prevent criminal tax evasion in force from 30 September
Criminal Finances Act 2017, which came into force on 30 September
How do you send your sensitive information?
Greater Manchester Police has been fined £150,000 after 3 DVDs containing footage of interviews with victims of serious violent crime failed to reach their intended recipient, the National Crime Agency.
Facility time publication requirement – are you up to speed?
The Regulations require nearly all public sector employers to publish information on how much time is spent by their trade union officials on paid “trade union facility time” over the course of the relevant 12-month period.
Monthly housing case law October 2017 update
The court of appeal has held that a secure tenant was not entitled to a statutory
Unfair practices in the leasehold market – Capsticks’ response to DCLG consultation
DCLG is currently running a consultation on proposals to stamp out unfair practices
Employment law round-up
Landmark Judgment on Employment Tribunal fees
When is the right time to appeal your local District Judge on rent cases?
Read our insight into when is the right time to appeal your local District Judge on rent cases
Monthly housing case law September 2017 update
The High court has allowed an appeal against the making of a possession order made in favour of the claimant council (Dacorum).
High Court gives unprecedented unlawful profit order guidance
The High Court has overturned a suspended possession order
EAT upholds whistleblowing detriment claim against non-executive directors
The EAT ruled that two NEDs of the petroleum company were personally liable for losses flowing from the dismissal of the CEO after he was dismissed for making protected disclosures.
Employment tribunal fees are unlawful
The Employment tribunal fees system, which was introduced under the fees Order
Finding capacity to drive supply
Social housing and capsticks brought together housing sector leaders
EAT gives guidance on when sleep-ins count for purposes of the national minimum wage
The EAT consider whether employees who sleep-in are engaged in ‘time work’ for the full duration of the sleep-in shift or whether they are working only when they are awake and carrying out specific duties.
New rules on publishing information on trade union facility time
Under the Regulations, relevant public sector employers will have to publish on their website certain information relating to trade union officials and facility time.
Employment law changes for the housing sector - what you should know
April 2017 will see a number of changes in employment law coming into force
Out with the old and in with the new
The old consent regime to dispose of social housing dwellings and land has today been replaced with the duty to notify the HCA of any Relevant Disposals after the event.
Government triggers Article 50 – implications for your workforce
With today’s triggering of Article 50 of the Lisbon treaty
Twitter defamation: Columnist ordered to pay £24,000 for defamatory tweets
Two tweets posted by columnist Katie Hopkins have been found by the high Court
Update on IR35 changes
HMRC has now published its much-anticipated electronic tool for determining whether off-payroll engagements are “in scope” for the new IR35 rules that will apply from 6th April 2017.
Trade union act in force from 1st March
The main provisions of the trade union act 2016 (the Act) come into effect today, 1 March 2017.
Risky business on the frontline
This insight provides a snapshot of the risky business in managing Anti-Social Behaviour, Tenancy Fraud and Safeguarding.
Major changes to the rules on engaging "off payroll" workers
An insight into draft legislation within the finance bill 2017.
Enforcing suspended orders - new court forms released
An insight into the Court of Appeal decision in Cardiff CC v Lee.
Tighter rules on tax for off-payroll workers in the public sector
An insight into an announcement from the Autumn statement on ''off-payroll'' workers in the NHS.
Changes to the Housing Act notices and mandatory claims - are you up to speed?
NoSP, ground for possession and evicting persons disqualified from renting are all changes being introduced on 1 December 2016 that will affect both private and social landlords.
No requirement for workers to request rest breaks
A worker can bring a claim for an employer’s failure to provide rest breaks.
Hot topics in leasehold
An insight into some of the hot topics in leasehold law.
Recovering your unpaid charges
Is your organisation owed Service and Estate charge payments?
Preventing Muslim employee from wearing hijab was unlawful discrimination
In the case of Bougnaoui v Micropole SA the Advocate General of the CJEU advised that the dismissal of a Muslim employee for refusing not to wear her hijab when visiting clients was direct discrimination on grounds of religious belief.
Cannabis factories and suspended orders
Two recent Court of Appeal cases have created quite a stir on the issue of whether or not a possession order should be suspended, despite the judge not believing the tenant’s evidence at the trial.
An update on voluntary Right to Buy
Following our recent article, “Voluntary Right to Buy: getting ready” we have received an update from the NHF on some points.
The "Right to Rent" requirements
The Immigration Act 2014 introduced the “right to rent” scheme, which applies to any residential tenancy granted on or after 1 February.
European Court rules on legality of employers' headscarf ban
Preventing Muslim employee from wearing hijab was unlawful discrimination.