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 carrying out internal investigations should check whether the results of the investigations are protected by legal advice privilege, and do not have to be disclosed to the other side in legal proceedings, following a recent ruling.
Businesses should either avoid using the term 'close of business' in their contracts or should ensure the contract defines what it means, to avoid unnecessary disputes, following a recent decision.
Employers wishing to settle claims for statutory maternity pay (SMP) by pregnant employees should ensure any settlement agreement expressly mentions the SMP (including how it was calculated), or the employee may be able to claim SMP separately.
Businesses buying keywords comprising a competitor's trade marks should ensure they meet the criteria for lawful use of such keywords, and monitor the rate of clickthroughs from their advertisements, as this show their advertisement does not meet those criteria.
Employers should ensure they do not behave improperly when having 'protected conversations' with an employee, or risk the employee being able to refer to those conversations in an unfair dismissal claim. This includes ensuring that any time limits the employer imposes on the employee are reasonable.
Trade mark owners should ensure they are making 'genuine use' of their trade marks, given the nature of their products and business - particularly if they are using them only in preliminary steps prior to launching the product or service - or risk their trade marks being revoked.
Businesses which generate and pass work onto third party individuals, but who currently treat those individuals as self-employed, should consider whether they may in fact be 'workers' under UK law and entitled to basic employment law rights, following a second important legal ruling.
Partners carrying on business in partnership should ensure there is a clear, written record of what they have agreed in relation to property used by the partnership, particularly when the partners change, following a recent ruling.
Employers should consider whether employees with type 2 diabetes are disabled for discrimination law purposes, even if they are currently able to carry out normal day-to-day activities.
Individuals entering into transactions, and their legal advisers, should ensure they have the necessary mental capacity, or risk the transaction being invalid.
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.