Ashfords' In-House Bulletin - March 2020

This month’s bulletin brings you a recent EAT judgement relating to unfair dismissal, an overview of the impacts of the new sentencing guidelines on increased fines for corporate offences and a High Court case update on extension of prior approval determination deadlines by local planning authorities.

High court: local planning authorities can extend prior approval determination deadlines

The General Permitted Development Order 2015 (“GPDO”) requires that developers must apply to LPAs for determination as to whether prior approval is required for certain aspects of development, before development can begin. In such cases, LPAs must determine applications according to statutory deadlines. The application of these time limits has however been a point of debate in recent case law.

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Fines for Corporate Offences – On the Rise and How to React

Regulatory compliance for in-house lawyers is a constantly shifting challenge, and modern approaches to sentencing for corporate offences have forced the issue to the top of the agenda. In recent years, there has been a sea change towards the extent to which Courts can take into account company size and turnover when setting a fine. The effect of this has been a substantial increase in fines across the board.

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New EAT judgment finds an investigator’s failure to share an emerging material fact with decision-maker prior to dismissal to be unfair

The Employment Appeal Tribunal (EAT) has deemed that an investigator’s failure to share a newly emerged material fact with the decision-maker prior to dismissal to be procedurally unfair in the case of Uddin v London Borough of Ealing.

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