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 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.
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.
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.
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.
Employers should note that, for the purposes of disability discrimination law, work carried out as part of an employee's job can amount to 'normal day-to-day activity', even if that activity would not be normal outside work.
Employers cannot assume employees will take their own precautions against health and safety risks to which they are exposed during working hours, even if those risks are shared with members of the public generally and are not materially increased by the nature of their employment.