PLC Public Sector reports:
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Employment: employment lawyers will be interested in the following decisions of:
- The High Court in London Underground Ltd v Associated Society of Locomotive Engineers and Firemen, which helpfully identifies those who are entitled to vote in a strike ballot.
- The EAT in Arriva London South Ltd v Nicolaou that it was reasonable and necessary for an employer to require an employee to sign an opt-out agreement in order to work overtime to ensure compliance with the employer’s duty under the Working Time Regulations 1998.
Housing: the decision in Chesterfield Borough Council v Bailey is a reminder for housing officers, when seeking possession, of the importance of giving sufficient notice in accordance with a tenancy agreement to ensure that any notice to quit is not subsequently declared invalid.
Local government: local authority landlords will welcome the Upper Tribunal’s finding in Palley v London Borough of Camden that, as the London Borough of Camden’s two leases provided for both the recovery of management costs incurred in fulfilling service charge obligations and a 10% management fee, the council’s recovery of management services was not capped at 10%.
Property: property lawyers will be interested that, having considered the type of evidence that may be relevant in proving adverse possession, the Court of Appeal in Chambers v London Borough of Havering ordered a re-trial. It did so over concerns as to how the county court had addressed the relevant evidence.
Consultations: this week consultations were published on: