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.
Family members and dependents seeking to claim 'reasonable financial provision' from a deceased's estate must file their claim with the court within the statutory six-month time limit, and should not rely on a 'standstill' agreement to justify their delay, a recent case makes clear.
Employers may suspend employees as a first response to a potential disciplinary matter without it being a breach of the implied term of trust and confidence between them, provided there is reasonable and proper cause, the Court of Appeal has ruled.
Employers can legally provide 'special case' workers - whose jobs may prevent them taking a continuous 20-minute break for every six hours worked as required under working time laws - with frequent, shorter breaks, the Court of Appeal has confirmed.
Will-makers with financial responsibility for a partner should note that a wish to prevent their partner's children from previous relationships inheriting when the partner dies may not be an adequate reason for cutting the partner out of their will, a recent ruling illustrates.
Employers with, or considering including bad leaver provisions in their articles or a share purchase agreement should consider whether they could amount to an unenforceable penalty, or be unconscionable or an unlawful deduction from wages.
Employers must ensure their recruitment policies do not systemically favour job candidates with protected characteristics, such as a particular gender, sexual orientation, race or disability. However, they can operate a 'positive action plan' provided the relevant candidates are genuinely as well qualified as other candidates to do the job - or risk a discrimination claim.
Landlords with unlet, unoccupied commercial properties will welcome a Court of Appeal ruling that a scheme allowing them to avoid paying business rates on them is valid and lawful.
Employers trying to justify an apparently discriminatory provision, criteria or practice can do so by justifying it in general - balancing its impact against employees sharing a protected characteristic that affects when they can work - and not its impact on the particular employee complaining about it.
Dissenting directors in a boardroom dispute should not 'go public' with the dispute or with confidential company information, and confine these to debate and discussion within the boardroom - or risk breaching their statutory duty to exercise independence in their role, a ruling makes clear.
Employers entitled to access an employee's personal internet accounts on a company phone or other device should avoid changing the security details on those accounts as this may breach their duty of care towards the employee, a ruling makes clear.
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.