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.
Legal Alert - February 2017
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.
Case law: Employee settlement agreement must specify statutory maternity pay or SMP doesn't form of the agreement
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.
Case law: Court clarifies when information obtained in internal investigations at work is not protected by legal advice privilege
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.
Case law: Court gives guidance on when using competitor's trade marks as online keywords is unlawful
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.
Case law: Tribunal clarifies when employer's improper behaviour allows employee to refer to 'protected conversations' in unfair dismissal claim
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.
Case law: Another ruling says business generating and passing work to 'independent' third parties may have to treat them as workers
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.
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.
Employers asking workers to relocate should ensure the clause they are relying on in the employment contract to justify the request is sufficiently clear, and that the request is reasonable in the circumstances.
Individuals entering into transactions, and their legal advisers, should ensure they have the necessary mental capacity, or risk the transaction being invalid.
Case law: Employers reminded that type 2 diabetes can be a disability for purposes of discrimination law
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.
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.