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 proposing to ask existing employees to agree new post-termination restrictions could argue that simply keeping them on as employees is sufficient benefit to make the restrictions enforceable, following a recent ruling.
An employer taking legal action against an ex-employee and/or its new employer for wrongful use of its confidential information can apply for a court order authorising a search of electronic devices and computers, and destruction of such information found, following a recent ruling.
Employers planning to restrict wearing of religious symbols at work should ensure the restrictions do not put those with religious beliefs at a substantial disadvantage compared to others or, if they do, that they can be justified, following a recent legal ruling.
Parties to a contract containing a 'retention of title' clause saying goods remain the property of the supplier until paid for, may find they can't rely on the implied terms and other protections given by sale of goods laws, as there has been no sale, a court has ruled.
Employers should clarify to disabled employees who are expected to work late whether they are legally required to do so, because such an expectation could justify the employee bringing an indirect discrimination claim.
Suppliers and their retail customers should ensure they are aware of, and take steps to ensure compliance with, competition law if their acts or practices (such as restricting online sale prices of their products) might restrict or distort competition, a recent case makes clear.
Companies eligible for the Patent Box scheme, a preferential tax regime for income arising from certain patents, should consider whether new rules mean it is still worth trying to benefit from it. The changes will apply from 1 July 2016.
Employers unfairly dismissing an employee should be aware that an Employment Tribunal may order that the employee be reinstated on certain terms, even if reinstatement on those terms is not what the employee wants.
Landowners can stop third parties claiming rights to use their land by using visible, clearly worded signs prohibiting such use, even if those signs are ignored, the Court of Appeal has confirmed.
Employers should consider carefully whether their relationship with people working for them on an assignment basis creates 'mutuality of obligation' between them, in between assignments. If it does, there is a risk that those workers are employees and can therefore bring discrimination claims.
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.