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.
Businesses in a registered trade marks dispute should consider whether the ability to prove pre-existing goodwill in the proposed marks created by someone else in a particular locality only, could mean the registration is invalid, and constitute a defence to an infringement claim.
The Department for Work and Pensions has announced proposed increases to statutory benefit payments.
Employers will welcome new Acas guidance to help them determine when and what reasonable adjustments need to be made for a disabled worker.
Companies established in the EU should consider a Notice issued by the European Commission that UK companies and their branches in the EU will not necessarily be treated as having legal personality or limited liability by EU member states after Brexit.
Parties involved in a private company must comply with any non-contractual arrangements and/or understandings between them, as well as the company's constitution and other formal agreements, or risk a successful claim from an 'unfairly prejudiced' shareholder.
Employers must ensure they have identified their 'workers', and that they have given them 'adequate facilities' to request paid holiday. Otherwise, they risk having to pay arrears for untaken holiday when the worker's engagement ends, even if the worker has not asked to take holiday – the CJEU has confirmed.
Owners of luxury brands will welcome a European ruling that they can lawfully stop distributors from selling their goods on third party online platforms, including websites such as Amazon, as this may affect the status of their brand.
Employers faced with a whistleblowing claim from an employee should investigate the employee's motives for making their disclosure, as disclosures made purely in the employee's self-interest will not amount to whistleblowing.
Employers should ensure employees are aware of any limits and restrictions on their activities, to reduce the risk of them acting wrongly in the course of their employment so that the employer becomes liable for their wrongful acts, a recent ruling makes clear.
Directors of UK companies will welcome clarification as to when the court will relieve them from liability for breaches of their statutory duties on grounds they behaved honestly and reasonably.
Disclaimer: This article from Atom Content Marketing is 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.
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