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.
Promoters of a company deciding on a trading name should ensure the name they choose is not a company/trading name previously used by a now insolvent company of which they were a director, or risk a penalty of up to the entire turnover of the new company.
Companies planning to issue a new class of shares, or vary an existing class of shares, should consider whether the issue or variation may also affect the rights attached to some other class of shares in the company, even if that is not expressly stated in the relevant shareholder decisions.
Businesses accused of infringing another business's unregistered design rights in a product should know that it is not an adequate defence simply to prove that the accuser's design was itself based on an earlier design.
Landlords should be aware that the cost of works that improve their properties but do not amount to repairs cannot be added to their tenants' service charges, even if the works will reduce the future costs of running the properties, a Tribunal ruling makes clear.
Employers should consider all reasonable steps which would reduce the disadvantages suffered by a disabled employee because of their disability, not just the steps the employee asks for, following a recent ruling.
Employers should not assume that physical violence by an employee always justifies dismissal without notice. They should carry out a fair and reasonable investigation taking into account all the circumstances, including whether the employer has been consistent, and the employee's length of service, following a recent ruling.
Property owners and occupiers who install CCTV and/or audio recording equipment must comply with data protection laws or risk significant penalties, especially if their equipment monitors 'public space' outside their property, a ruling makes clear.
Employers should ensure their policies, staff training, etc, make clear to employees that they must not post derogatory or insulting comments on public social media (or elsewhere) about their employer or colleagues, otherwise they may face disciplinary action - even if the posts were made several years ago.
Businesses should carefully draft disclaimers limiting or excluding liability for representations they make (whether on a website or elsewhere) before signing a contract to ensure they are effective, a recent ruling makes clear.
Businesses which generate and pass work to third party individuals to carry out on a self-employed basis should consider whether those individuals may in fact be 'workers' under UK law - and entitled to basic employment law rights - following a third important legal ruling.
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.