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Legal Alert updates on case law

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.

We also have a month-by-month archive of Legal Alert issues.

Case law: An unlawful reason for dismissal such as whistleblowing can be imputed to employer even if not known to the employee making decision to dismiss

ICAEW January 2020

Employers considering whether to dismiss an employee should ensure the relevant decision-maker enquires into the background to the proposed dismissal, particularly whether the reason adopted by the decision-maker is (unknown to the employer) an invented reason hiding the real reason for dismissal – for example, because they are a ‘whistleblower’ who made a protected disclosure.

Case law: TUPE rules may protect ‘workers’ as well as employees

Atom Content Marketing January 2020

Businesses involved in a ‘service provision change’ under TUPE, such as where a client replaces one contractor with another, should consider whether workers – as well as employees from the first contractor - are protected by the TUPE rules, so that the second contractor must take them on and preserve their existing employment rights.

Case law: Trade mark owners review trade mark registrations following EU legal opinion

Atom Content Marketing December 2019

Trade mark owners should review their trade mark registrations to ensure the specifications in their registrations are sufficiently precise and clear, and that there is an intention to use each mark in relation to all the goods and services specified in the registration - or risk them being invalidated, following a recent legal opinion.

Case law: Sub-contractors taking over existing work beware claims from previous sub-contractors

Atom Content Marketing December 2019

Sub-contractors brought in to complete existing works should consider asking the main contractor to disclose the terms of contracts with previous sub-contractors, or risk a claim that by agreeing to finish the existing work, the new sub-contractor induced the main contractor to breach those contracts. If necessary, consider asking for indemnities from the main contractor in case a claim is made.

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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.

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