The Government has announced its proposals for reform of the employment law system following its consultation, ‘Resolving Workplace Disputes’, and the Red Tape Challenge review of employment law. The aim is to replace overburdensome regulation...

Design rights are not the same as copyright, but are valuable intellectual property assets nonetheless. Consider the traditional Coca-Cola bottle, which instantly conveys the brand image to the consumer. Accordingly, companies are highly protective of their...

When a dispute arises concerning the meaning of a contract term that is capable of being interpreted in more than one way, the resolution is normally to be found in the interpretation which is most consistent with common business practice and sense. Unclear...

A recent case ( Whitham v Club 24 Ltd. t/a Ventura ) sheds further light on how an employer should respond if an employee makes derogatory remarks concerning the workplace on a social networking site. Mrs Whitham worked as a team leader at Club 24 Ltd.,...

There has recently been a further case on long-term sickness and a worker’s right to accrue untaken annual holiday leave ( Fraser v Southwest London St George’s Mental Health Trust ). Mrs Fraser was on long-term sick leave after she injured her...

Creating a commercial database and keeping it up to date is an expensive business and owners of such databases often take precautions to make sure they are not used without permission. One method of doing this is for the owners of databases to plant...

When a supplier to a marquee company was not paid for goods it had supplied, the directors told the supplier that the company was waiting for an insurance claim to be settled, after which payments would be made as usual. In reality, there was no insurance...

Under the Disability Discrimination Act 1995 (now superseded by the Equality Act 2010 ), when deciding whether or not an employer took sufficient steps to comply with its duty to make reasonable adjustments to remove a disadvantage faced by a disabled...

The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 , which came into force on 26 May 2011, made changes to the rules that apply to websites using cookies and similar technologies to remember a user’s preferences....

The Bribery Act 2010 came into force on 1 July 2011. Under Section 2 of the Act, it is an offence for a person to request, agree to receive or accept a financial or other advantage intending that, in consequence, a relevant function or activity should be...

In Williamson & Soden Solicitors v Briars , the Employment Appeal Tribunal (EAT) considered the employment status of a solicitor who was described as a partner of the firm and whose remuneration was by way of a ‘guaranteed profit share’...

The Forum of Private Business (FPB) has reported a noticeable increase in calls to its helpline from businesses that inadvertently included on their websites images that are protected by copyright and subsequently received demands for payment from the...

There are generally strict time limits that apply when presenting a claim for unfair dismissal to the Employment Tribunal (ET). Normally, a claim must be lodged before the end of a three-month period beginning with the effective date of termination (EDT)....

The penalties for engaging in anti-competitive behaviour are very substantial but, recognising that cartel (price-fixing) behaviour is difficult to detect, the Office of Fair Trading (OFT) has a ‘leniency programme’, which operates to give...

The Ministry of Justice (MoJ) has issued for consultation proposals for introducing fees for those wishing to lodge a claim with an Employment Tribunal (ET) or an appeal with the Employment Appeal Tribunal (EAT). Currently, the system is free to use and in...

In July, the Equality and Human Rights Commission (EHRC) announced that it had applied to intervene in four cases due to be heard by the European Court of Human Rights, all of which were brought by Christian employees who claimed to be victims of religious...

When one business uses the trade marks of another, an action may be able to be brought for trade mark infringement and possibly also for ‘passing off’ – the term given to the situation in which a business attempts to profit by presenting...

Company liquidations have edged up in the first quarter of 2011, with 4,121 companies being subject to winding-up orders. Compulsory liquidations fell by more than 10 per cent compared with the same quarter in 2010, but creditors’ voluntary...

Every year the firm's Christmas party presents employees with the chance to relax and enjoy the holiday season. However, it is easy to forget that an employer owes its employees certain obligations, even outside work, when the employer has organised the...

The Health and Safety Executive (HSE) has published provisional fatal injury statistics for the year April 2010 to March 2011 . These show that the number of workers killed in Britain was 171, compared with an all time low of 147 deaths in the previous...

An advertising and media company run by a Mr Casey sought to register the trade mark ‘Carbon Virgin’. The application was opposed by Richard Branson’s Virgin Enterprises Ltd. (VEL) on the grounds of the similarity of the proposed trade mark...

A recent survey of businesses carried out by the Institute of Chartered Accountants in England and Wales has found that, in general, the availability of finance for business from banks and other providers of external finance has eased slightly but is still...

Following its Resolving Workplace Disputes consultation and the Red Tape Challenge review of employment law, the Government has announced its proposals for reform. The aim is to replace overly burdensome regulation whilst safeguarding workers’ rights,...

Under the Agency Workers Regulations 2010 (AWR), which came into force on 1 October 2011, agency workers are entitled to have the same basic terms and conditions of employment as if they had been employed directly by the hirer once they have completed a...

MoneySavingExpert.com (MSE) founder Martin Lewis has won summary judgment in the High Court – against a cold calling company – for infringement of his trade marks. This means that Mr Lewis does not have to run to the expense of a full trial on...

Two companies have been fined a total of £450,000 and ordered to pay costs after health and safety failures led to a maintenance worker falling to his death. Christopher Booker, 49, was working at Aberthaw Power Station when the accident happened in...

The law relating to the fiduciary duties of directors is stricter than many company directors might think, as a recent case illustrates . The director of a company was given the loan of ‘a second-hand excavator and dumper’ for his personal use,...

The Supreme Court has handed down its decision in a case concerning the employment status of 20 valeters who provided car-cleaning services to motor retailers and auctioneers ( Autoclenz Ltd. v Belcher and others ). The valeters had written contracts with...

Following Lord Justice Jackson’s report on his review of civil litigation costs, a new law has been introduced to make it easier for small and medium-sized businesses to bring actions to protect their patent and design rights. The Patents County...

As reported previously, the Working Time Regulations 1998 (WTR) as they currently stand are not in accord with recent decisions of the European Court of Justice (ECJ) on the interpretation of the Working Time Directive with regard to the interaction of...

A covenant can either represent a commitment to do something or a commitment not to do something. In either case, the party faced with a breach of the covenant has a range of options available to them for obtaining a legal remedy, one of which is to obtain a...

Employers are reminded that new National Minimum Wage (NMW) rates came into force on 1 October 2011. The revised rates are as follows: The adult hourly rate of the NMW has increased from £5.93 to £6.08; The development rate (which...

The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 , which came into force on 26 May 2011, make certain changes to the laws that cover direct marketing by electronic means. Serious breaches of the rules surrounding the...

Earlier this year, the Government published a consultation document entitled ‘Resolving Workplace Disputes’. This sought views on various measures aimed at increasing employers’ confidence to take on more workers, encouraging the early...

The Government is calling on businesses to have their say in the latest phase of its Employment Law Review. From today until 19 October, the Government's ‘Red Tape Challenge’ is focusing on more than 160 different employment-related...

An employee wishing to bring a claim of unfair dismissal must do so before the end of the three-month period commencing with the effective date of termination (EDT) of their employment. Where a period of notice is given, the EDT is the date on which this...

Directors of companies are entitled to any information they reasonably request about the company of which they are a director. It is therefore normal for a director to possess a great deal of confidential information about the company. Directors are also...

The Department for Culture, Media and Sport has issued a consultation aimed at simplifying the licensing laws for events attended by fewer than 5,000 people. Currently, events organisers have to apply and sometimes pay for licences for events which pose...

Limited liability partnerships (LLPs) are becoming increasingly common. For example, all of the ‘Big Four’ accounting firms have been LLPs for several years now. Recently, the acrimonious bust-up of an LLP led to one of the ex-members suing the...

A recent case has confirmed that a clause in a contract which absolves one party from paying the other in the event that the second party becomes insolvent is invalid as it infringes the ‘anti-deprivation’ principle. The principle exists to...

Following several suspicious deaths at Stepping Hill Hospital in Stockport, Rebecca Leighton, a nurse working at the hospital, was accused of tampering with medical products, arrested and charged. She was consequently banned from working as a nurse by the...

When an insulation manufacturer created a road show to demonstrate its products in comparison with those of a competitor, there was always likely to be trouble. The comparison consisted of a series of fire tests, which were intended to demonstrate the...

Whilst the Internet, tweeting, blogging and the like have revolutionised the way we communicate with one another, some estimates report that misuse of social networking tools by employees at work costs the British economy billions of pounds a year and...

Businesses are reminded that new reporting arrangements for workplace health and safety incidents commenced today (Monday 12 September). Only fatal and major injuries and incidents should now be reported by phone to the Health and Safety Executive (HSE)....

A recent case ( Gosden v Lifeline Project Ltd. ) demonstrates that it is important for employers to have in place an Internet usage policy and to ensure employees are aware that disciplinary action may be taken over any conduct capable of harming the...

Copyright is a right that exists as soon as you create the copyright material. You do not have to apply for it. There are some exceptions to copyright, but unless one of these applies, anyone else using your material without your permission is infringing...

When a claim for damages is made on the basis of ‘loss of a chance’, having good quality expert evidence is essential. Most people know that it is possible to claim damages, where appropriate, for the loss of future earnings. Normally, such...

The Government has accepted all the recommendations made in the recent review of health and safety regulation, ‘Common Sense, Common Safety’, and announced a package of measures designed to support its growth agenda and to ease the regulatory...

If your property has been damaged in the recent riots, you may well find that your insurance policy will not cover your losses. Most policies exclude damage resulting from 'riot', which in law, means when 12 or more people are present at the disturbance. If...

A recent trade mark case has confirmed that a trade mark can be infringed when the sound of the mark is infringed, as opposed to the mark itself. The case arose when the international toy manufacturer Hasbro alleged that its trade mark...

The Advisory, Conciliation and Arbitration Service (ACAS) has issued guidance for employers and employees on coping with the effects of the riots which have recently erupted in London and in other major cities across the UK. The focus of the advice is on...

A recent case in the Court of Appeal has demonstrated that terms agreed by email can amount to a contract despite a formal contract referred to in the emails remaining unsigned. The case concerned a commodities trader and a fuel storage company that had...

The Government has announced that as part of its ongoing review of employment law, aimed at eliminating unnecessary ‘red tape’, it will consider in detail the case for reforming: Compensation for Discrimination Whilst there need to be remedies...

The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 , which came into force on 26 May 2011, make certain changes to the laws that cover direct marketing by electronic means. Serious breaches of the rules surrounding the...

If an employee is dismissed following an unfair redundancy selection process, the level of any compensatory award can be reduced if the employer can show that the employee would have been dismissed even if the correct procedures had been followed. This is...

Trade marks can come in a variety of shapes and sizes and can include names and numbers – but cannot, says the European Court of Justice (ECJ), include a number which is merely descriptive. The decision followed an attempt to register as a Community...

The faltering steps the economy is taking towards recovery seem to be breeding a degree of overconfidence on the part of some businesses, but there is no reason to abandon good credit control practice. According to a recent report from Creditsafe, more than...

Whilst the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) operate to protect the employment law rights of employees when there is a relevant transfer of a business or part of a business, Regulation 8(7) provides that where...

The Bribery Act 2010 comes into force today (1 July 2011). The implementation of the Act, originally scheduled for April, was delayed to allow time for the guidance on it to be finalised. Section 7 of the Act makes it an offence for a commercial...

When considering legal action regarding material which is on the Internet, often one of the most difficult questions one has to face is that of where the material is ‘made available’. Since a website can be physically situated anywhere, where...

A recent case in the Court of Appeal ( Tilson v Alstom Transport ) dealt with the application of the ‘necessity’ test for implying a contract of employment between an agency worker and the end-user business where the worker is fully integrated...

The Office of Fair Trading (OFT) has the power to apply for an order banning a person from being a director in cases in which competition law is breached. Orders are granted under the Company Directors Disqualification Act 1986 and are issued when the...

A manufacturing company based in Wigan has been fined £12,500 and ordered to pay costs of £1,703 after a worker lost part of his index finger whilst operating a drilling machine. The 46-year-old employee was drilling holes through an iron bar...

Keeping company records up to date is not always a top priority for the directors of smaller companies. However, failing to keep the shareholders’ register up to date can have a downside if a share transfer has occurred but the new owner’s name...

In a recent case , firms which used trade marks to which they were not entitled felt the wrath of the court. The case concerned the National Guild of Removers & Storers (NGRS), a trade association for businesses in the removal and storage industry. NGRS...

The Government’s review of the operation of health and safety legislation in the UK, 'Common Sense – Common Safety', recommended that the risk assessment procedures for low hazard workplaces, such as many offices and shops, should be simplified...

It is often considered that the sorts of disclosures that a company must make to regulatory authorities or in its annual accounts are not matters that need to be given close attention. However, where the failure to disclose such information is significant,...

The scheme whereby the names of employers who breach National Minimum Wage (NMW) legislation are published by the Department for Business, Innovation and Skills (BIS) came into effect on 1 January 2011. The aims of the scheme are to deter employers who would...

Graphical User Interfaces (GUIs) are the pictorial means by which computer users can interact with their machines and, as such, they are often designed with great care and at great expense. It is no surprise, therefore, that the creators of GUIs wish to...

Bribery is coming under increasing attention following the passing of the Bribery Act 2010 , under which bribery is a criminal act. Whilst implementation of the Act, which was passed under the previous administration, has been delayed so that the Government...

A committed Spiritualist has failed in his attempt to persuade the Employment Appeal Tribunal (EAT) that his dismissal from the post of Special Constabulary Trainer was unlawful discrimination under the Equality (Religion or Belief) Regulations 2003 ( ...

As part of its comprehensive review of employment legislation, the Government has published a consultation document, ‘Resolving Workplace Disputes’. This seeks views on measures designed to improve the Employment Tribunal (ET) system and to...

The Department for Business, Innovation and Skills has published guidance for employers and those in the recruitment sector on the Agency Workers Regulations 2010 (AWR), which come into force on 1 October 2011. The AWR will give agency workers the right...

European Directives on comparative advertising based on price differences have been clarified, following preliminary rulings from the European Court of Justice (ECJ) in a case referred by the French commercial courts. The case was brought before the...

Employers are reminded that the Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011 came into force on 6 April 2011. This means that the last date on which an employer can lawfully notify an employee of a retirement dismissal using...

A survey of business confidence from the Institute of Chartered Accountants in England and Wales, based on the last quarter of 2010, shows a sharp decline, with confidence amongst those in the production industry having fallen more sharply than that in...

When copyright is licensed, use of the copyright material is limited to that contemplated by the parties at the time the licence is created. This decision of the Court of Appeal has implications for many users of licensed material. The case arose when a...

The Health and Safety Executive (HSE) has published for consultation a proposed amendment to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR). This follows a recommendation in the recent Government-commissioned...

A recent decision of the Employment Tribunal (ET) illustrates that you should think carefully before pressing the email ‘send’ button on what you regard as a private communication made out of working hours. If the email contains material that...

The Government has accepted recommendations from the Low Pay Commission (LPC) and announced that the National Minimum Wage (NMW) will increase by 15p an hour to £6.08 in October 2011. The statutory wage for those aged 18 to 20 years will increase by...

Following the introduction of the Equality Act 2010 , the Equality and Human Rights Commission has produced statutory Codes of Practice on employment; services, public functions and associations; and equal pay. The Codes set out what the legislation...

The Government has announced that the right to request time to train will not be extended this April to employees of small and medium-sized businesses. In April 2010, the right was introduced for employees in organisations with 250 or more employees. It was...

Clauses limiting liability under contracts have always been contentious, so a recent decision is to be welcomed because it sets out clearly the limitations which apply to exclusion clauses. The case involved GB Gas Holdings (Centrica) and Accenture, which...

The Employment Appeal Tribunal (EAT) has ruled ( Pinewood Repro Ltd. v Page ) that for consultation during a redundancy selection process to be fair, an employee should be provided with sufficient information in order to be able to challenge his or her...

A recent case illustrates that insurers will often seek to avoid paying claims under their policies even in circumstances where they would normally be expected to be liable. The case involved a processing plant which supplied the claimant, a pet food...

A compromise agreement is a legally binding agreement by which an employee undertakes to refrain from instigating Employment Tribunal (ET) proceedings against his or her employer or, if proceedings have already commenced, to discontinue them, in return for...

When a contract contains a ‘penalty clause’ for breach of the contract, the clause will not be enforceable if it is punitive, rather than a genuine attempt to compensate the other party based on an estimate of the loss they would incur as a...

Can an employer sack an employee for gross misconduct without breaching its contract of employment with the employee? This question came before the Court of Appeal in the case of Dunn and another v AAH Ltd . Stephen Dunn had previously been the Managing...

The Digital Economy Act 2010 aims to combat the seeming tsunami of copyright infringement on the Internet. In principle, the way the Act will do this is simple. When a copyright owner advises an Internet Service Provider (ISP) that a website it hosts is...

A case which recently came before the High Court demonstrates the importance of taking care over the service of documents, if only to prevent costly litigation over whether a document was validly served. In the case concerned, a construction dispute was...

The Government has now published draft regulations abolishing the Default Retirement Age (DRA) of 65, which was introduced by the Employment Equality (Age) Regulations 2006. The Employment Equality (Repeal of Retirement Provisions) Regulations 2011 are due...

The Office of Fair Trading (OFT) has published two draft documents, on which it has recently held a consultation, aimed at helping businesses and company directors comply with competition law. The first document, How Your Business Can Achieve Compliance ,...

The Court of Appeal in Northern Ireland has ruled ( Martin v Southern Health and Social Care Trust ) that a nurse was not ‘on call’, for the purposes of the Working Time Regulations 1998 (WTR), during unpaid rest breaks that were at risk of...

A recent case has illustrated that, when it comes to trade marks, first impressions are important. In the case concerned, a firm sought to oppose a trade mark application by another firm which has a similar name and was in a similar business. The firm...

'Without prejudice’ communications, made when negotiating legal disputes in order to aid agreement, are not normally admissible in court. The idea behind them is to allow the parties to explore possible areas of agreement and make suggestions and...

The Health and Safety Executive (HSE) has published key annual figures for the year 2009/2010. The statistics show that: 152 workers were killed at work, a rate of 0.5 per 100,000 workers; 121,430 other injuries to employees were reported under...

As part of its reform programme to save public money, whilst at the same time increasing the transparency and accountability of public bodies, the Government has announced plans to merge the Competition Commission and the competition functions of the Office...

The Employment Rights (Increase of Limits) Order 2010 details the maximum amounts of compensation employment tribunals can award, which change annually in line with inflation. The Order was laid before Parliament on 10 December 2010 and applies where the...

In order to prevent smaller firms from being deterred from litigating claims over intellectual property rights because of the costs involved, the Ministry of Justice (MoJ) has announced that from 1 October 2010 the limit of recoverable costs in an action in...

According to a recent economic report from the Institute of Chartered Accountants in England and Wales, micro-businesses do not share the optimism of mid-sized businesses over growth prospects for the next two years. The survey found that only 56 per cent...

The much publicised sacking of Sky Sports presenter Andy Gray serves as a salutary reminder to employees and employers alike that attitudes change and sexist banter is simply not acceptable. Mr Gray, who served as assistant to Ron Atkinson when he was the...