Articles

Articles

article

Suspension: A risky move without reasonable and proper cause?

Background Where an employer suspends an employee without reasonable and proper cause this can amount to a breach of the implied term of mutual trust and confidence. Employers must, therefore, ensure that suspension is not a routine response or knee jerk...

Read more
article

Brexit update for European nationals

With all of the current uncertainty regarding the Brexit process, it is perhaps not surprising that many European nationals are still unaware how Brexit will affect them.  Whether there is a deal or no deal, European nationals currently living in the UK...

Read more
article

Guidance Published on New EU Medical Device Regulations

New guidance has been published in relation to the EU Medical Device Regulation (the “MD Regulation”) and the EU In vitro Diagnostics Regulation (the “IVD Regulation”) (together, the “Regulations”), which entered into...

Read more
article

All change: new pay rates and limits as from April 2019

April sees an increase in a number of rates and limits of relevance to employers, including compensation for unfair dismissal, redundancy pay, national minimum wage, statutory sick pay and statutory family leave pay. Details of the most notable changes are...

Read more
article

No SPC for nab-paclitaxel and, by the way, how will Brexit affect SPCs?

On 21 March 2019 the Court of Justice (CJEU) confirmed that no Supplementary Protection Certificate (SPC) is available for new formulations of old active ingredients which have been the subject of previous marketing authorisations.  The Court emphasised...

Read more
article

A number of shorter breaks may amount to an equivalent period of 20 minutes compensatory rest

Under the Working Time Regulations, workers are entitled to a 20 minute uninterrupted rest break if they work for more than 6 hours. In certain special cases, where a 20 minute rest break is not possible, workers are instead entitled to compensatory...

Read more
article

Automatic unfair dismissal and the assertion of infringement of a statutory right

The recent Employment Appeal Tribunal (“EAT”) decision in Spaceman v ISS Mediclean Ltd (t/a ISS Facility Service Healthcare) confirmed that the statutory concept of automatic unfair dismissal does not extend to circumstances where the reason...

Read more
article

Hirer liable 'twice' for arrears of pay

In London Underground Ltd v Amissah, the Court of Appeal held that the hirer, London Underground Ltd, was liable to pay compensation to agency workers relating to a breach of equal pay legislation, despite the fact it had already paid the monies to the...

Read more
article

High Court deals with further issues under the Commercial Agency Regulations 1993

The High Court has provided some useful guidance in relation to the Commercial Agency Regulations 1993 (the Regulations) in the recent case of Green Deal Marketing Southern Ltd v Economy Energy Trading Ltd. The Regulations broadly allow rights to commercial...

Read more
article

Dismissal for bad working relationship automatically unfair as TUPE-related

The Court of Appeal has confirmed in Hare Wines Ltd v Kaur that where existing concerns about an employee’s working relationships meant that the purchaser of the business in which she worked was reluctant to take her on, the sole or principal reason...

Read more
article

Contractual confidentiality clause outweighed the public interest in knowing about the "ongoing struggle" for women in the workplace

A City law firm has successfully obtained an interim non-disclosure injunction to protect the identities of employees who had raised grievances about sexual assault. The interim injunction was sought against a former employee who intended to share his...

Read more
article

CMA publishes consumer law compliance principles for online booking websites

Following on from its sector-wide investigation into accommodation booking platforms’ practices, the Competition and Markets Authority (CMA) has published its concerns and principles which it expects online accommodation booking websites to apply. The...

Read more
article

Cybersecurity standard for driverless cars

The Department of Transport (DoT) has recently announced the publication by the British Standards Institute (BSI) of a new cybersecurity standard for the manufacture of self-driving vehicles. The cybersecurity standard (PAS 1885:2018) has been funded by the...

Read more
article

Brexit - the future for IP, deal or no deal

In recent months, as preparations for the possibility of a no-deal Brexit have dominated the headlines, attention has focused largely on the immediate implications for intellectual property (IP) owners of a no-deal Brexit. As the pendulum now appears to...

Read more
article

European Data Protection Board ("EDPB") publishes draft guidelines on the territorial scope of the GDPR

On 23 November 2018, the EDPB published draft guidelines on the territorial scope of the GDPR. The draft guidelines, which were open for public consultation and feedback until 18 January 2019, can be found here . In adopting guidelines on the territorial...

Read more
article

Trade marks - High Court gives short shrift to BMW free-rider

The incorporation of company names which include famous trade marks is a frequent thorn in the flesh for top brands. In some cases this is done in order to try to extort money from the brand owner, in others to suggest an association with the brand. Whatever...

Read more
article

First GDPR enforcement action is against a Canadian data controller

The Information Commissioner’s Office’s (the “ICO”) has issued its first enforcement notice under the General Data Protection Regulation (“GDPR”), against the Canadian organisation, AggregateIQ Services Ltd...

Read more
article

Patent invalid - High Court applies the Supreme Court's stricter plausibility test

The purpose of the plausibility test in patent law is to prevent speculative and over-broad claims.  The test requires it to be plausible or credible to the skilled person reading the patent at the application date that the patented invention will work...

Read more
article

Music venues beware

The potentially serious consequences of playing unlicensed music in public were highlighted by the Court of Appeal in a recent case brought by music licensing organisation PPL involving unlicensed music played in a bar. The case confirms that breach of an...

Read more
article

No direct discrimination where the reason is the alleged discriminator's religion or belief

The Employment Appeal Tribunal has held in Gan Menachem Hendon Limited v De Groen that a Jewish nursery did not directly discriminate against an employee (who was unmarried but lived with her partner) when it dismissed her due to the nursery...

Read more
article

Holiday - Another exception to the use it or lose it principle?

Summary In a further significant departure from the “use it or lose it principle”, the ECJ has held that untaken holiday is not automatically lost at the end of the holiday year if the worker failed to take it. What is important is whether...

Read more
article

If your security becomes unregistered at Companies House, is it void, including as against an administrator?

For a lender, it is imperative that any English security that is granted over a corporate borrower’s assets is registered at Companies House. Section 859H of the Companies Act 2006 (s.859H) provides that any security which has not been delivered to...

Read more
article

Evidence required to support a legitimate aim when seeking to introduce an age discriminatory practice

In the joined appeals Lord Chancellor and another v McCloud and Others and Secretary of State for the Home Department and others v Sargeant and others , the Court of Appeal ruled in favour of the judges and firefighters who had been impacted by public...

Read more
article

Advocate General says that employers must keep a record of hours worked by their staff

In a case before the Court of Justice of the European Union (“CJEU”) Advocate General Pitruzzella has given the opinion that employers are obliged to set up a system for recording actual daily working time for their staff.  Although it is...

Read more
article

Government announces new powers for TPR

The Government has recently set out its plans to beef up the powers of the Pensions Regulator, in the wake of the Carillion and BHS pension scheme fiascos, to deter reckless behaviour towards defined benefit pension schemes. The powers build on existing...

Read more
article

Reminder - Annual Certificate of Sponsorship Allocation date approaching

Sponsors are granted an allocation of unrestricted certificates of sponsorship each year and these cover the period from April of that year until April of the following year. In some cases the Home Office allocates these automatically.  However, those...

Read more
article

Employee post-termination confidentiality restrictions - less is more

Trade secrets are often key assets for science and technology businesses, and the people who know and understand these assets best are its highly-skilled employees. Leakage when these employees move on is, therefore, the kind of thing that keeps people awake...

Read more
article

Court of Justice confirms that skinny label limits the marketing authorisation

The Court of Justice of the European Union (CJEU) has confirmed that where a generic company has omitted - ‘carved out’ - patented indications or dosage forms from the Summary of Product Characteristics (SmPC) and product labelling in order to...

Read more
article

Court says no to Brexit get-out leaving tenant frustrated

Canary Wharf Group v The European Medicines Agency (EMA) has been the most eagerly anticipated case of the year so far with commentators predicting serious ramifications for the property industry if the EMA succeeded. The industry will however now be breathing a huge sigh of relief as the High Court gave short shrift to the EMA’s request that the court effectively tear up its lease in light of Brexit. 

Read more
article

Home Office publishes new right to work guidance and checklist following introduction of online right to work checks

Following the introduction of online right to work checks, the Home Office has published new guidance on the prevention of illegal working.   This is available here (PDF). Online checking service In certain cases, employers are now able to use...

Read more
  • Page 2 of 10

Search our site