Posts By: Schofield and Associates

Self-Employed Radio Presenter Relieved of £140,000 Tax Demands

<p>Distinguishing between employment and self-employment is a multi-faceted task and not just a matter of ticking boxes. That was certainly so in one case concerning a radio personality who was relieved of six-figure tax demands after a tribunal found that he fell into the latter category.</p> <p>The man had for 18 years presented a humorous… Read more »

Mental Capacity – Court Refuses to Authorise Non-Consensual Abortion

<p>Those who lack the mental capacity to make important decisions for themselves still have the right to express their wishes and feelings if they are able to do so &ndash; and judges must listen to them. The Court of Appeal powerfully made that point in ruling against involuntary termination of a disabled young woman&rsquo;s pregnancy.</p>… Read more »

Sexual Stereotyping in the Workplace Exists – But How to Prove It?

<p>Businesses in which women are under-represented in senior roles invite speculation that the imbalance results from discriminatory sexual stereotyping. However, as a case in the context of the banking sector showed, Employment Tribunals (ETs) are required to base their decisions not on surmise but on hard evidence.</p> <p>The case concerned a female vice-president who worked… Read more »

Retailer’s ‘Free’ Bottle of Wine Offer Only ‘Free’ in the Marketing Sense

<p><img alt=”Bottles Of Wine – various Quizzes” src=”https://s3-eu-west-2.amazonaws.com/legalrss-production/assets/1491/small/Slater_Heelis_Wine_Bottles.jpg?1355097658″ style=”border-style:solid; border-width:0px; float:right; margin:2px 5px” />Many marketing and promotional campaigns offer &lsquo;free&rsquo; goods to customers. A tax tribunal&rsquo;s decision has, however, established the truth of the popular saying that there is no such thing as a free lunch, or for that matter a free bottle of wine.</p>… Read more »

Brewery’s Well-Meaning Marketing Campaign ‘Discriminatory’, Judge Rules

There is a risk that well-meaning or light-hearted marketing or advertising campaigns may inadvertently stray into the realms of discrimination. A brewery fell into that trap when it marketed a cut-price beer only to those who identified as women in a satirical attempt to highlight the gender pay gap. A customer launched proceedings against the… Read more »

Restrictive Covenants and Restraint of Trade – Supreme Court Guidance

Professionally drafted restrictive covenants in employment contracts are a legitimate means of protecting businesses from unfair competition – but only insofar as they do not amount to an unreasonable restraint on an individual’s freedom to work. In an important test case, the Supreme Court considered where the balance is to be struck between those two… Read more »