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.
Parties to contracts will welcome clarification on whether a contract can be terminated immediately for repudiatory breach, even if one of the reasons is not disclosed until after termination; and when an agreement can exclude the right to terminate for such breaches.
Employers should avoid giving employees advice on the financial consequences of decisions about their pensions, tax, income protection insurance, and the like, but must give 'salient information' so they can make informed decisions.
Employers may still be able to dismiss an employee for gross misconduct, even if the employee subsequently attempts to put things right, according to a recent ruling.
Parties negotiating a settlement to a dispute during a meeting should assume, in the absence of dishonesty, that the entire discussion at the meeting is 'without prejudice' and cannot be brought up in court, following a recent ruling.
UK businesses and individuals who use or have registered trade marks in the EU should consider whether they should take action following changes in the law from March 2016.
Directors should ensure the information they provide to shareholders is clear and comprehensible, not misleading and does not hide material particulars. However, in the absence of a special relationship, directors do not owe fiduciary duties to their company's shareholders.
Employers should ensure their employment contracts state that they constitute the entire agreement between the parties, so that employees cannot bring legal claims if promises made during the recruitment process are not kept, a recent decision makes clear.
Employers should consider whether they need to update their whistleblowing or other policies and re-train staff, following publication of a new list of people and bodies to whom whistleblowers can disclose their concerns.
Employers should consider whether their decision not to offer an older employee voluntary redundancy is because they will be entitled to more compensation than a younger employee. If it is, they risk an age discrimination claim.
Employers whose policies allow them to take disciplinary action if an employee is away from work for a certain period will normally be indirectly discriminating against disabled employees and must consider making reasonable adjustments, a recent ruling clarifies.
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.
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