Blog

Keep up to date with all that’s happening here at BPE, and read about the latest trends and issues in the law profession.

Construction & Engineering

ARTICLE UPDATED: LEGAL POSITION REVERSED - Nil by mouth - The enforceability of No Oral Modification clauses and what the MWB Business Exchange case means for construction

In July 2016, following a Court of Appeal Judgment I wrote an article reporting on the Court’s finding that anti-oral variation (or No Oral Modification) clauses were non-binding. On 16 May 2018, the Supreme Court over-turned the Court of Appeal decision, finding that No Oral Modification clauses are indeed binding.

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Employment

Discrimination arising from disability: employers will be in trouble if they don’t realise that conduct is caused by a disability

In this article Will Carter considers the recent court of appeal decision regarding the case of City of York Council v Grosset. This case discussed the question of whether a dismissal on the basis of gross misconduct can amount to unfavourable treatment when the act of gross misconduct occurred as a result of a disability even if the employer was not aware of any disability.

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Employment

Court of Appeal confirms approach in “final straw” constructive unfair dismissal cases

In this article, Susie Orton considers the case of Kaur v Leeds Teaching Hospitals NHS Trust [2008] EWCA Civ 978 in which the Court of Appeal considered whether a ‘last straw’ act by an employer could revive an employee’s right to terminate their employment contract even if they had earlier affirmed prior repudiatory conduct.

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