Website owners and operators must ensure that consent to the collection and use of personal data of their site visitors, required under EU data protection laws, are specific and express and given in relation to each relevant activity. Pre-ticked consent boxes do not amount to lawful consent, according to a recent ruling.
A landlord proposing to oppose a business tenant’s renewal of the lease on grounds it intends to do substantial works on the premises ‘on the termination of the current tenancy’ must be able to show it intends to carry out the works within a reasonable time - given the circumstances – and not the day after the lease ends, a recent ruling makes clear.
Employers should treat all workers’ lawful beliefs with equal respect at work to avoid grievances or claims for constructive dismissal, but need not be concerned about discrimination claims based solely on a worker’s belief in vegetarianism.
Employers should note a recent ruling clarifying when a worker has ‘refused’ to comply with a requirement that breaches the working time rules - for example, the worker walks off a shift or does not turn up for work – because of the risk the employer may face a claim for detriment and/or unfair dismissal.
Individuals about whom derogatory comments are posted on social media should take legal advice before claiming defamation, as the courts will interpret such comments differently than if they were made elsewhere, such as in newspapers or on TV, according to a Supreme Court ruling.
Donors making lasting powers of attorney (LPAs) should take great care when giving powers to their attorney to make gifts out of their estate, because if the power cannot be lawfully exercised the LPA may be invalid.
Shareholders/directors in group situations should note that unfairly prejudicial conduct in relation to the affairs of a subsidiary company in a group may also amount to unfairly prejudicial conduct of the parent company’s affairs; and the subsidiary and parent may also be part of a quasi-partnership - widening the scope for an unfair prejudice claim.
Employers should avoid giving false reasons for dismissal or other sanctions, even if they do so with good intentions, otherwise they risk a discrimination claim and costs penalty, a ruling makes clear.
Landlords faced with a looming company voluntary arrangement (CVA) should review the proposed terms for potential unfair prejudice by comparing the expected outcome with that of available alternatives, and assessing whether they are being treated unfairly and unjustifiably compared to other classes of creditor.
Parties negotiating a proposed agreement need to be aware that a different test will apply when deciding whether it is a ‘relational contract’, so that a duty to act in good faith will be implied, following a recent ruling.