Businesses letting space in physical marketplaces should ensure traders do not sell counterfeit branded goods from those premises (or otherwise infringe a third party's intellectual property rights) - or risk legal action by the brand owner.
Legal Alert - August 2016
A monthly checklist from Atom Content Marketing highlighting new and pending laws, regulations, codes of practice and rulings that could have an impact on your business.
Case law: Landlord not liable for injury at defective premises where reasonable inspection would not have revealed defect
Landlords should ensure they carry out (and record) reasonable inspections of let premises for visible evidence of possible defects, to avoid potential liability for injuries under defective premises law, a recent ruling makes clear.
Case law: Party to agreement requiring signature by all parties could not claim it was not bound because the other party had not signed it
Where there is an agreement stating it is only binding if signed by all parties, each party should ensure it is signed by all of them before starting to perform their contractual obligations, or risk a legal argument that it is not binding.
Case law: Employers dismissing employees following a 'breakdown in relations' between them should first ensure they cannot work together
Employers planning to dismiss an employee because of a 'breakdown in relations' between them should consider giving the employee a chance to prove in practice that they can to work harmoniously before dismissing them.
A limitation in the Companies House WebFiling service in relation to the requirement for companies to notify 'persons with significant control' when filing new 'confirmation statements' means some may have to file either multiple electronic confirmation statements, or a paper statement.
Businesses should start thinking now about the legal and other implications of the UK leaving the European Union (EU) on their business, and consider taking certain steps now.
Employers will welcome a ruling that the ACAS Code of Practice on Disciplinary and Grievance Procedures, which allows a Tribunal to add an 'uplift' to compensation payable to unfairly dismissed employees, does not apply to dismissals for ill-health - unless there has been 'culpable' conduct or performance by the employee.
Employers will welcome a ruling that the fairness of the appeal stage can always cure unfairness in the previous stages of a disciplinary process, provided the overall result is fair.
Case law: Intermediate tenant must be able to justify service charges passed on to sub-tenants as reasonable
Tenants passing on service charges (which have been charged by the landlord) to their residential sub-tenants should ensure they can prove the service charges are reasonable, if necessary by obtaining relevant information from the landlord.
Case law: Tribunal clarifies when employee negotiations are 'protected conversations' or 'without prejudice', and therefore confidential
Employers facing claims from employees should understand when 'without prejudice' and/or 'protected conversation' rules apply to negotiations between them, and conduct those negotiations accordingly, or risk their statements being raised subsequently in court to their detriment.
Disclaimer: These publications from Atom Content Marketing are for general guidance only, for businesses in the United Kingdom governed by the laws of England. Atom Content Marketing, expert contributors and ICAEW (as distributor) disclaim all liability for any errors or omissions.