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.
Employers should consider whether to include wholly voluntary overtime, and standby and call-out payments when calculating employees' annual holiday pay, following a recent ruling.
Businesses faced with rivals selling apparently similar products should consider the look and feel of the rival's whole product, not just individual elements such as colours, when assessing whether there is sufficient similarity to bring a passing off action against the rival.
Tenants wishing to assign their leases should avoid assignments to their guarantors as these will be treated as void, even where the tenant and guarantor are companies in the same group.
Parties to an agreement should ensure there are no ambiguities in clauses excluding, limiting or reducing liability for breach, and consider how the rules of interpretation of contract terms will apply if there is a dispute
Employers who contact an employee who is off sick should think carefully about the nature of the contact and its potential effect on the employee, taking into account the importance and urgency of their reasons, and the reasons the employee is off sick. If they don't, they risk a constructive dismissal claim.
Parties negotiating a potential joint venture should ensure their discussions are completed, and preferably committed to writing, before taking any action to carry out their joint venture, or risk the court ruling that there was no enforceable agreement.
Employers should beware of blaming misconduct by a disabled employee solely on a personality trait, as disability may also be a cause - leaving the employer at risk of unfair dismissal and/or discrimination claims - according to a recent ruling.
Directors should ensure they monitor their company's activities for acts that might amount to infringement of someone else's trade mark (or other intellectual property) as they are usually personally liable, jointly with their company, for any such infringement.
Employers and employees are invited to respond to a government consultation on treatment of tips, gratuities, and cover and service charges.
Those buying or leasing land subject to rights in favour of a neighbouring landowner and their successors in title should be clear whether such rights are enforceable easements, and whether the neighbour can be charged if it exercises those rights.
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.