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Preventing and resolving disputes legal updates


Gay footballers: not such a beautiful game for them?
A recent BBC documentary asked why not one of the 5,000 professional footballers in Britain has come out publicly as gay?
Date: 2012-02-02

Redundancy consultation: administrators must follow the rules
An employment tribunal has awarded ex-Woolworths staff up to £67 million in compensation because the administrators of the business failed to comply with the legal obligation to consult collectively about redundancies.
Date: 2012-01-31

31 January publication deadline for equality information
The deadline for public bodies to publish equality information about their organisation, as required under the Equality Act 2010, is Tuesday 31 January 2012.
Date: 2012-01-30

Overhaul of European Data Protection Law backed by powers to impose substantial fines
The European Commission has published its proposals for the long awaited overhaul of European Data Protection law.
Date: 2012-01-30

Planning for the Olympics: what should HR be doing?
The Olympic Games are six months away. While this will bring commercial opportunities for many businesses it could also create headaches for HR, and not just those teams dealing with staff in London.
Date: 2012-01-27

Recruiting in 2012: Competitive recruitment and post-termination restrictions
In the face of continued economic uncertainty and competitive recruitment, employers should be mindful of post-termination restrictions in prospective employees’ contracts of employment.
Date: 2012-01-26

Without prejudice material in adjudication: Apparent bias
The Technology and Construction Court has reiterated the consequences of parties including 'without prejudice' letters in adjudication proceedings - which may even lead to unenforceable decisions.
Date: 2012-01-20

Fixed price contracts and unknown development costs
Having to agree a fixed price for land in a contract when there are a number of unknown factors that affect value is a challenge for developers.
Date: 2012-01-19

SOPA and PIPA: The long arm of US copyright law
Under proposed legislation from the US, content and copyright holders could restrict viewers' access to any website - whether hosted in the US or not - that they considered included infringing material.
Date: 2012-01-19

Failure to offer overtime not a detriment
An employer was entitled to refuse overtime to a worker who had not signed a working time opt-out.
Date: 2012-01-16

Annual increase to employment tribunal awards from February 2012
The limits on awards in the employment tribunal will rise from 1 February in line with inflation.
Date: 2012-01-09

TUPE: Service provision change round-up
The last month has seen a flurry of decisions from the higher courts on some important questions regarding the interpretation of the service change provisions in TUPE.
Date: 2012-01-09

All I want for Christmas is Summary Judgment
The decision to litigate is not one that is generally taken lightly. The financial commitment, risks and management time involved in running a claim is often a sobering combination.
Date: 2012-01-03

The Doctrine of Frustration
We live in a time of economic and political instability, ratcheting fuel costs, commodity price volatility and industrial action. In addition, “exceptional” weather events seem to be becoming the norm.
Date: 2011-12-06

One man’s best endeavour is another man’s idleness?
Every commercial contract imposes obligations on the parties involved, which are often agreed by detailed negotiations.
Date: 2011-12-05

Pensions: Fixed Protection
HMRC has published a newsletter setting out the detail of the new Fixed Protection regime.
Date: 2011-11-24

Public sector strike: Will it lead to change in the law?
As yet another trade union confirms its members have voted for strike action, it is looking increasingly likely that there will be significant disruption to public services on 30 November as workers protest over changes to their pension.
Date: 2011-11-22

Diamond Jubilee bank holiday: put the date in your 2012 diary
After the excitement of this year’s Royal wedding, next year sees more regal celebrations with the 60th anniversary of HM Queen Elizabeth II coming to the throne and employers will have to grapple once again with an additional bank holiday.
Date: 2011-11-21

Constructive unfair dismissal and the dangers of the disciplinary process
The Government faces a claim for constructive unfair dismissal from the former head of the UK Border Agency after he resigned in protest at his treatment by Home Secretary, Theresa May.
Date: 2011-11-11

Debt recovery team named Legal Recovery Firm of the Year
Shoosmiths has been named Legal Recovery Firm of the Year at the prestigious Credit Today Debt Collection Awards.
Date: 2011-11-10

Anti-hunt protestor wins religion or belief discrimination claim
An animal rights campaigner and former hunt saboteur has won his claim that he was dismissed because of his belief in the sanctity of life.
Date: 2011-11-08

Changing employment terms after a TUPE transfer: EAT signals greater flexibility
Two recent decisions from the EAT suggest that employers inheriting employees on a TUPE transfer may have more freedom to change terms and conditions than previously thought.
Date: 2011-11-08

Royal succession: the final frontier for female equality?
Ancient succession laws look set to change in the UK to allow first born royal daughters to inherit the throne, but perhaps surprisingly this is not the final frontier in the battle for gender equality.
Date: 2011-10-28

Directors at increased risk of personal liability for discrimination compensation
The Employment Appeal Tribunal has decided that two directors were personally liable to pay compensation for discrimination.
Date: 2011-10-27

More demanding diversity requirements for directors of listed companies
Changes to the UK Corporate Governance Code which will apply from October 2012 will increase companies’ obligations to ensure diversity on their boards.
Date: 2011-10-19

Managing employees in bad weather: prepare now to avoid slipping up
Media reports of another bitterly cold winter, dustings of snow already reported at Scottish ski resorts and local authorities stockpiling grit, what can employers do to try and avoid being caught out when bad weather arrives?
Date: 2011-10-19

Conducting redundancy consultation: guidelines for HR
As electronics company Philips announces thousands of job cuts, spare a thought for the HR team who have the unenviable job of delivering bad news to those affected.
Date: 2011-10-18

Bridging the gap in defined contribution pension schemes
Following the Supreme Court decision in Houldsworth and Hunter v Bridge Trustees (and DWP), additional clauses have been added to the Pensions Bill, which amend the definition of 'money purchase benefits' within current pensions legislation.
Date: 2011-10-17

Social networking: The employment conundrum
How should employers react to the increasing use of social networking sites by employees and how can they protect their businesses against any negative impact of such use?
Date: 2011-10-12

National minimum wage: employers must pay the price
The service sector is particularly vulnerable to costly compliance failures as the national minimum wage rises above £6 for the first time.
Date: 2011-10-10

Pub Landlady 1 v 0 BSkyB: Why TV football broadcasting is about to change
A six-year battle between a pub landlady and BSkyB could finally be over after the European Court of Justice (ECJ) ruled today on her use of a Greek decoder to screen Premier League football matches in her pub.
Date: 2011-10-04

Working time: round-up of the latest cases
There have been several important decisions on working time this month. The ECJ handed down a long awaited decision on airline pilots' pay and the Court of Appeal considered compensatory rest periods for special case workers.
Date: 2011-09-27

References: How should employers deal with outstanding allegations?
Employers can incur liability if they fail to give an accurate reference about an ex-employee, but what should they do when new allegations come to light?
Date: 2011-09-23

Rectification: re-writing history
Parties entering into contractual agreements are prevented from seeking the court's assistance to avoid or exit agreements which amount to a bad bargain.
Date: 2011-09-01

Holidays and sick leave: Latest EAT decision is further headache for employers
The law around holidays and sick leave is in a state of confusion after recent European and domestic cases. A new decision from the EAT provides some clarity but employers may not be thankful for it.
Date: 2011-08-16

Riots and insurance: Q&A
Following some of the worst civil unrest for many years, we have looked at the urgent implications of submitting a claim to your insurers or your position where you carry a large excess, are underinsured or uninsured.
Date: 2011-08-11

Express substitution clause does not prevent employment status
The Supreme Court has confirmed that employment tribunals can disregard express contractual terms when considering the employment status of an individual
Date: 2011-08-10

Riots: How should retail employers respond?
As the rioting of the last few nights spreads from London to other cities around the country, what are the implications for employers whose businesses are affected?
Date: 2011-08-09

Sick of skivers? An employer's survival guide
UK businesses are losing an estimated £32bn per year due to the persistent absenteeism of a stubborn group of “skivers”
Date: 2011-08-09

Transfer of care home services to assisted living services was not a TUPE transfer
The Employment Appeal Tribunal has ruled that TUPE did not apply where an NHS care home closed and residents were re-housed in their own homes supported by private sector carers.
Date: 2011-08-08

Anti-bribery due diligence: Buyers and investors beware
The UK Bribery Act 2010 is now in force in the UK, and alongside existing exposure under the US Foreign Corrupt Practices Act 1977 reinforces the investment case for carrying out effective anti-bribery due diligence.
Date: 2011-07-14

Pension auto enrolment is coming - employers need to get prepared
Next October sees the start of radical, compulsory pension changes that will eventually affect all employers. The new regime is administratively complex and will be costly: employers need to start planning now
Date: 2011-07-14

Equal pay: TUPE transfer was a defence and employer was not required to "red circle"
The EAT has overturned a tribunal’s decision and dismissed equal pay claims brought by two female managers because it found the genuine reason for the difference in their pay continued to be a TUPE transfer.
Date: 2011-07-14

The News of the World: not the end of the story for staff
This weekend’s edition of the News of the World (NoW) may have been the last, but with rumours of “The Sun on Sunday” taking its place the legal ramifications for the NoW’s 200 employees are far from over.
Date: 2011-07-12

Renewable energy: What's the catch?
You can hardly fail to have noticed the increasing interest in renewable energy, which is being driven largely by the Government's green agenda.
Date: 2011-07-11

Can an employer fairly dismiss an employee due to third party pressure?
Recent case law suggests that employment tribunals are increasingly willing to consider third party pressure as a sufficient reason to dismiss employees.
Date: 2011-07-11

Cutting employees' pay: whether management have also taken a pay cut may be relevant to question of fairness
Where an employee has been dismissed for failing to accept a pay cut whether management have also taken a pay cut may be relevant to whether the dismissal was unfair.
Date: 2011-07-06

Employee not entitled to legal representation at internal disciplinary hearing
The Supreme Court has ruled that an employee was not entitled to legal representation at an internal disciplinary hearing.
Date: 2011-07-06

Terminating employment: care needed when drafting termination letters
A recent decision of the Employment Appeal Tribunal has highlighted the importance of careful drafting when it comes to terminating employment.
Date: 2011-07-06

Specific duties to support the public sector equality duty coming into force
The new public sector equality duty under section 149 of the Equality Act 2010 has been in force since 5 April 2011. Regulations to implement the supporting, specific duties have now been laid before Parliament.
Date: 2011-07-04

Corporate hospitality and the Bribery Act
The Bribery Act 2010 came into effect on 1 July 2011. It is amongst the toughest anti-bribery and corruption legislation in the world.
Date: 2011-07-01

Shoosmiths is first top 30 law firm to join Institute of Customer Service
Shoosmiths has become the first top 30 law firm to join the Institute of Customer Service.
Date: 2011-06-29

Religious discrimination: Indirect discrimination is lawful if it can be justified
Two recent cases demonstrate that where an employer can justify its actions and has acted reasonably it will not be liable for indirect religious discrimination.
Date: 2011-06-27

Bribery Act compliance: Only two weeks to go - how far have you got?
With the Bribery Act coming into force on 1 July 2011, many businesses are struggling to have all their procedures in place to ensure compliance. The message is, 'Don't panic'.
Date: 2011-06-17

Employee did not have to be paid while remanded in custody awaiting criminal trial
The Employment Appeal Tribunal has confirmed that an employer did not unlawfully withhold wages from an employee who was remanded in custody awaiting a criminal trial.
Date: 2011-06-17

Ill-health dismissals: EAT gives guidance on employers' considerations
The EAT has given guidance on how an employer should approach a capability dismissal on ill-health grounds. It confirmed that this is the same approach as in conduct dismissal cases.
Date: 2011-06-17

Getting across the line - when can an employer dismiss an employee fairly?
A charity worker who dressed as Brian the Snail to crawl the London marathon was reportedly sacked for failing to raise enough sponsorship money but was this a fair reason for dismissal?
Date: 2011-06-17

Collective agreements on a TUPE transfer: Supreme Court refers question to European Court
The Supreme Court has handed down its judgment in Parkwood Leisure Limited v Alemo-Herron but the position regarding collective agreements on a TUPE transfer is still unclear.
Date: 2011-06-15

Working from home during the Olympics: What do employers need to know?
The Government has urged people in the capital to work from home to avoid potential travel chaos around the 2012 Olympics.
Date: 2011-06-15

Older workers: withdrawal of insured employment benefits not a foregone conclusion
A new legal exemption purporting to allow the withdrawal of insured benefits from older employees is proving less helpful than employers first thought.
Date: 2011-06-01

Super-injunctions and online libel: Dangers for website users and hosts
The identities of a number of celebrities said to have taken out 'super-injunctions' to prevent the media reporting their private lives have been revealed on Twitter and shared with thousands of users.
Date: 2011-05-24

Radical shake-up of family leave rights from 2015
The Government has set out its proposals for a radical shake-up of family friendly rights from April 2015.
Date: 2011-05-18

Right to request flexible working for all employees
The statutory right for parents and carers to request to work flexibly looks likely to be extended to all employees in the near future.
Date: 2011-05-18

Women in the Boardroom: Changes to UK Corporate Governance Code?
The push to increase the number of women in the UK’s boardrooms gathered pace this month with a new consultation paper on gender diversity reporting.
Date: 2011-05-17

Agreeing to resolution
The courts' enthusiastic support for Alternative Dispute Resolution (ADR) encourages parties to resolve disputes without using the formal court process.
Date: 2011-05-16

Anonymity in the employment tribunal: will the spread of the super-injunction affect workplace claims?
In certain circumstances an employment tribunal can protect the identity of those involved in proceedings. In this article we examine these little known powers and the extent to which they can be used to preserve the parties’ privacy.
Date: 2011-05-11

Agency workers and equal treatment: preparing for October's new law
New regulations will soon give temporary agency workers the right to some equality of treatment after 12 weeks in an assignment. Organisations which use such workers and their agencies need to start preparing now.
Date: 2011-05-10

Pre-employment vetting in the retail sector: help or hindrance for employers?
Pre-employment vetting is used by many employers, but how effective is it and what are the potential legal risks?
Date: 2011-05-09

Terminating for breach of contract
Termination for breach of contract and the consequences of doing so depend on how the contract is terminated. Such decisions should never be taken lightly.
Date: 2011-05-05

Playstation network data loss: how can you protect your customers?
Just a week after Sony announced that personal data belonging to 77 million Playstation users had been stolen by hackers, it has announced that a further 25 million gamers have been affected.
Date: 2011-05-05

Treatment of employees on maternity leave: over-cautious approach by employer led to successful sex claim by male employee
Special treatment given to women who are pregnant or on maternity leave should be proportionate if employers are to avoid sex discrimination claims from men.
Date: 2011-04-13

Internships under the spotlight: employers risk legal breach if they do not pay those doing work experience
Internships have become more common in the UK’s workplaces but employers might not realise they could be breaking the law if they do not pay those on work experience at least the national minimum wage.
Date: 2011-04-13

National minimum wage to rise above £6 in October 2011
The new rates for the national minimum wage which will apply from 1 October 2011 have been announced. The adult rate is set to rise above £6.
Date: 2011-04-13

Coming out as gay at work: dos and don’ts for employers
Employers faced with an employee who comes out as gay at work for the first time may be unsure how they should react: there is little guidance available for organisations.
Date: 2011-04-05

New employment law in force in April 2011
Are you ready for April’s shower of new employment laws? Employers need to make sure that their HR teams know what is happening and when.
Date: 2011-04-05

Fixed term employees: top ten myths expose legal risks for employers
The law relating to fixed-term employees is more complicated than many employers realise, in this article we expose the “top ten” myths about fixed-term employees.
Date: 2011-04-04

End of the local government two-tier code: good news for outsourcing
The Code of Practice on Workforce Matters in Local Authority service contracts was abolished with immediate effect on 23 March 2011.
Date: 2011-04-01

Right to request time off for training will not be extended to smaller employers
It was confirmed in the Budget that the right for employees to request time off to train, will not be introduced for employers with less than 250 people in April 2011 as had been expected.
Date: 2011-03-28

Extension of right to request flexible working is shelved
It was confirmed in the Budget that an extension to flexible working rights would not take place this April as expected.
Date: 2011-03-28

Equality Act 2010: Dual discrimination provision will not be brought into force
A provision in the Equality Act 2010 which would have allowed discrimination claims based on a combination of protected characteristics will not now come into force the Government has confirmed.
Date: 2011-03-28

Small employers' employment law moratorium: will it work?
One of the headlines from the Budget was a three year moratorium on new employment laws for small employers but lawyers are questioning how this will work in practice?
Date: 2011-03-28

Public sector equality duty in force from 5 April 2011 but supporting legislation delayed
The new public sector equality duty will come into force on 5 April 2011 but the specific duties which were intended to support the main duty will be subject to further consultation.
Date: 2011-03-28

Budget summary 2011
Chancellor of the Exchequer George Osborne delivered the 2011 Budget yesterday (23 March). The following is a summary of the main tax points of interest.
Date: 2011-03-24

Equality Act 2010: Codes of Practice in force from 6 April 2011
The new statutory codes of practice issued by the Equality and Human Rights Commission under the Equality Act 2010 will come into force on 6 April 2011. The current codes of practice which still reflect the old law will be repealed from the same date.
Date: 2011-03-22

Privilege: Why you should be prudent when getting legal advice
A recent decision by the Court of Appeal has re-affirmed that a party is unlikely to be able to assert that legal advice is privileged from disclosure to an opponent, or to the court, if the legal advice is provided by non-lawyers.
Date: 2011-03-10

Terms and Conditions: They may be water tight but are they incorporated?
Whilst businesses are often rightly concerned about whether their terms and conditions offer enough protection, this is probably of secondary importance to the main issue - making sure they are incorporated in contracts to begin with.
Date: 2011-03-03

Abolition of the default retirement age: regulations amended to correct concerns over transitional arrangements
New regulations ending the use of the default retirement age have been amended before they have even come into force to correct a drafting mistake which threatened to create chaos for employers.
Date: 2011-03-02

Dealing with the death of the default retirement age: implementation checklist for employers
Time is running out for employers who currently require their employees to retire at 65: the law changes on 6 April 2011.
Date: 2011-03-02

Diversity in the Boardroom: EHRC to target companies
Following the publication of Lord Davies' review into women in the boardroom, the Equality and Human Rights Commission has said it intends to make boardroom diversity a priority for its investigations.
Date: 2011-03-01

Vetting and barring scheme to be significantly scaled back
The Government has confirmed that the controversial vetting and barring scheme is to be dramatically scaled back.
Date: 2011-02-22

Time off for training will not be extended in April
The right for employees to request time off for training was expected to be extended to smaller employers this April. It has now been confirmed that this will not go ahead.
Date: 2011-02-22

Abolition of the default retirement age moves closer
The Government has laid draft regulations before Parliament to implement the abolition of the default retirement age which currently allows employers to lawfully force employees to retire at age 65.
Date: 2011-02-22

New disability guidance about to come into force
New guidance to help courts and tribunals decide if a claimant is disabled for the purposes of the Equality Act 2010 has been laid before Parliament.
Date: 2011-02-22

Guarantors and lease assignment: The AGA debate continues
A recent case has considered the judgment in Good Harvest Partnership LLP v Centaur Services Ltd but it does not offer any clarity on the issues it raises about guarantees and lease assignment.
Date: 2011-02-09

Litigators aren't just for Christmas
Those of us involved with litigation are quite familiar with the 'Christmas Eve phenomenon'.
Date: 2011-02-08

Abolition of default retirement age and employee share schemes
Companies may need to amend their employee share scheme rules as a result of the abolition of the default retirement age.
Date: 2011-02-01

Bribery Act delay could cause more problems than it solves
It is being widely reported today that implementation of the Bribery Act 2010 will be delayed, though there has been no official announcement by the Government or the Ministry of Justice.
Date: 2011-02-01

Unfair dismissal compensation and statutory redundancy payment increases
From Tuesday 1 February 2011 employers who dismiss employees unfairly will face a larger penalty: the maximum compensatory award for unfair dismissal will increase to £68,400. The maximum statutory redundancy payment will also go up to £12,000.
Date: 2011-01-31

Volunteer not protected against discrimination
The Court of Appeal has ruled that an unpaid volunteer was not protected against disability discrimination.
Date: 2011-01-27

Reforming employment tribunals and removing burdens from employers: Consultation on workplace disputes launched
As part of its Growth Review, the Government has launched a consultation on resolving workplace disputes and removing burdens from employers so that they feel more confident about employing people.
Date: 2011-01-27

Employers facing risks from appearance policies
Employers may try to recruit employees who "fit" their organisation's brand and values but they may not be aware that in doing so they risk discrimination claims.
Date: 2011-01-27

Equality body could take action against employers
Employers may not be aware that the Equality and Human Rights Commission has extensive powers to take or assist action against them in respect of breaches of equality and human rights legislation.
Date: 2011-01-19

Shared parental leave to be introduced from 2015
The Government will shortly be launching a consultation on a more flexible system of parental leave to be shared between parents with the aim of introducing changes from 2015.
Date: 2011-01-18

Government confirms default retirement age will be abolished this October
The Government confirmed today that it is abolishing the default retirement age from 1 October 2011. Phasing out will begin from April.
Date: 2011-01-13

Positive action in recruitment under the Equality Act 2010: Nothing to fear?
The Government has published guidance on how the Equality Act's positive action provisions for recruitment and promotion, which are coming into force on 6 April, will work.
Date: 2011-01-13

New public sector equality duty from April 2011: further details and guidance
The new public sector equality duty comes into effect on 6 April 2011. New guidance has been published this week to assist public bodies with preparing for the change.
Date: 2011-01-13

Maternity cover: Employers urged not to get caught out when mothers return to work
Employers will be aware that women on maternity leave have a right to return to their previous jobs.
Date: 2011-01-12

Flu fears: What should employers be doing?
As the seasonal surge of flu continues, we consider what employers should be doing to protect their workforce and how they can prepare for the worst.
Date: 2011-01-10

Two-tier code for public sector contracts scrapped
The two-tier code, which restricted the flexibility of contractors to set their own employment terms for staff working on public sector contracts, has been abolished.
Date: 2010-12-21

Guide to enforcing a judgment debt
We round off 2010 by considering the steps that can be taken to enforce recovery of a money judgment, plus the avoidance strategies that might be used by judgment debtors in the ‘cat and mouse’ game of getting a judgment paid.
Date: 2010-12-17

Compulsory publication of gender pay gap information on hold for private employers
The Government has confirmed that it will not force larger private employers to publish their gender pay gap information while a voluntary approach to transparency is tested.
Date: 2010-12-08

Women in the boardroom: Changing the balance - a challenge for 2011
Gender equality is becoming a hot topic in the boardroom. Listed companies need to start preparing themselves for Government action in 2011 which now looks like a real possibility.
Date: 2010-12-08

Positive action in recruitment and promotion gets the go-ahead
The Government has confirmed that provisions in the Equality Act 2010 allowing employers to take "positive action" in recruitment and promotion will come into force in April 2011.
Date: 2010-12-08

Mines and minerals: Should I get a policy to cover this?
If the title to a development site excludes the mines and minerals under the land, a developer should seriously consider taking out insurance against the risk of the minerals' owner threatening action for trespass.
Date: 2010-11-30

Beware of the ICO
In April 2010, the Information Commissioner's Office was authorised for the first time to issue fines in the case of serious data protection breaches. The ICO are now empowered to issue fines up to £500,000.
Date: 2010-11-26

Snow patrol: How should employers prepare for adverse weather?
As significant snowfall is forecast for the UK in the next few days, we examine the potential legal issues where employees are unable to get to work due to bad weather.
Date: 2010-11-24

Royal wedding bank holiday - what does it mean for employers?
It has been confirmed that there will be an extra bank holiday in 2011 for the wedding of Prince William and Kate Middleton on 29 April. What does this mean for employers trying to manage their workforce?
Date: 2010-11-24

Preparing for the London Olympic Games 2012: Suggestions for HR
The International Olympic Committee’s recent inspection of preparations for the 2012 Olympics was a timely reminder to employers, particularly those in London, of the need to start planning for workforce issues during the Games.
Date: 2010-11-22

The importance of agreeing contractual terms
A spate of recent decisions have brought into sharp focus the implications of failing to have in place a clear set of terms and conditions with which the parties agree to adhere to.
Date: 2010-11-18

Socio-economic duty will not come into force
The Government has confirmed that the controversial socio-economic duty, which would have required public bodies to consider social disadvantage when designing their services, will be scrapped.
Date: 2010-11-18

Vetting and Barring Scheme: the chaos continues
The High Court has ruled that the Safeguarding Vulnerable Groups Act 2006 breaches human rights law.
Date: 2010-11-17

Compromise agreements: Are they valid?
The statutory regime for compromising employment claims under the new Equality Act 2010 is currently the subject of unwelcome uncertainty. Employers who are agreeing termination packages with departing employees need to be aware of the potential risks.
Date: 2010-11-11

TUPE: When does obligation to consult arise? EAT guidance on meaning of 'measures'
Under TUPE the obligation to consult arises when 'measures' are envisaged. The legislation does not define measures, but a recent Employment Appeal Tribunal (EAT) case has given a wide interpretation.
Date: 2010-11-09

Redundancy selections: What does a fair selection procedure involve?
The Employment Appeal Tribunal (EAT) has considered what employers have to do to ensure a fair selection process in redundancy dismissals.
Date: 2010-11-09

Justifying retirement ages: How can employers avoid age discrimination claims?
The default retirement age of 65 is expected to be abolished in October 2011. Employers who wish to retain a retirement age are asking how they can justify it.
Date: 2010-11-09

Bribery Act 2010: Adequate procedures and personal liability
The consultation period set by the Ministry of Justice concerning its guidance for assessing whether adequate procedures are in place to combat bribery and corruption has now closed.
Date: 2010-11-09

Who is the transferor under TUPE? ECJ ruling has consequences for transactions
Group service companies: European Court of Justice (ECJ) confirms employees transfer even if their employer is not party to a transaction.
Date: 2010-11-09

Swiss bank accounts no longer so secret
Switzerland, for so long the destination of choice for those wanting to hide assets offshore, is to help force Britons with Swiss bank accounts who do not currently pay UK tax to do so.
Date: 2010-11-03

Off-shore workers' annual leave entitlement decided by Scottish Court
The Scottish Court of Session has handed down an important ruling on annual leave entitlement under the Working Time Regulations 1998 (WTR) in which it held that there is no rule that annual leave must be taken from what would otherwise be working time.
Date: 2010-11-02

Future of vetting scheme hangs in the balance
The Vetting and Barring Scheme (VBS) designed to protect children and the vulnerable is being re-examined by the Government, its fate will be announced early in the New Year.
Date: 2010-11-02

Government plans radical changes to family friendly rights
The right to flexible working will be extended to all parents of children under 18 from April 2011 as the first phase of a radical overhaul of family friendly rights recently announced by the Government.
Date: 2010-11-02

No reprieve for employers from agency workers regulations
Hopes that the new Government would change (or even scrap) the controversial Agency Workers Regulations 2010 were dashed earlier this month when it was confirmed they would come into force unchanged from October 2011.
Date: 2010-11-02

Supreme Court guidance on when termination by employer is effective
A recent Supreme Court decision contains important guidance for employers on how - and how not - to terminate an employee's employment effectively.
Date: 2010-11-02

Employers should put performance management at top of agenda
Managing employees' performance is becoming increasingly important for businesses struggling in a challenging economy.
Date: 2010-10-20

Managing and protecting investigations and legal advice
Think carefully about what documentation you create and what use is made of it in order to protect your entitlement to claim privilege from having to disclose it.
Date: 2010-10-20

What does the Bribery Act have to do with HR?
The Bribery Act 2010 comes into force in April 2011 and has been described as the toughest anti-corruption legislation in the world.
Date: 2010-10-14

Government announces radical overhaul of family friendly laws
The Government’s family friendly policies are a little clearer after it announced changes to flexible working rights and confirmed that the new right to additional paternity leave will come into force in 2011.
Date: 2010-10-01

Dealing with fraud
Fraudulent activity can range from inflated expense claims, bribes from suppliers, high level corporate concerns over 'insider trading' or multi-million pound thefts.
Date: 2010-09-24

A new age? Ending of the default retirement age
On 29 July, the Government issued a consultation document on phasing out the default retirement age.
Date: 2010-09-22

In-house lawyer privilege dealt further blow by European Court of Justice
On 10 May we reported on Advocate General Kokott's opinion on the appeal by Akzo Nobel Chemicals Ltd and Akcros Chemicals Ltd in relation to the status of communications with in-house lawyers, concerning European Commission competition law investigations.
Date: 2010-09-16

Dawn raids as OFT probes alleged truck price fixing
It has been reported that the Office of Fair Trading (OFT) has launched criminal and civil investigations into alleged price fixing by lorry manufacturers in the UK.
Date: 2010-09-16

Equality Act 2010: Details of October implementation for employers
After months of speculation, the Government has confirmed which provisions of the historic Equality Act 2010 will come into force this October.
Date: 2010-09-06

HSE Safety Alert: Review of risk from electrically powered gates
A new Safety Alert has been issued by the Health and Safety Executive after a spate of incidents involving electric gates, three of which led to the deaths of young children.
Date: 2010-09-03

Legislation hat-trick hits home builders
In an industry struggling to haul itself out of the worst property recession in post war history, it may come as a surprise to some home builders that they have been hit by a triple whammy of customer service regulation over the last 18 months.
Date: 2010-08-26

BP agrees to pay record fine
BP has agreed to pay a record fine of $50.6m (£32.5m) in relation to safety failings at its Texas refinery plant, which killed 15 people in 2005.
Date: 2010-08-16

31% drop in fatal accidents as recession bites
Provisional fatal accident figures issued by the Health and Safety Executive (HSE) for 2009-10 reveal a second year of sharp drops, particularly in the construction sector.
Date: 2010-08-16

In litigation, the biggest risk may not be losing
The decision to bring a claim, or to fight one, can be one of the trickiest problems faced by any business.
Date: 2010-08-10

Black Horse wins landmark PPI case
Mr and Mrs Speak (S) entered into a regulated fixed sum loan agreement with Black Horse Limited in 2006.
Date: 2010-08-10

TUPE transfer is no ongoing defence to equal pay claim
An employment tribunal ruling suggests contractors should be wary about equal pay claims when they inherit staff on an outsourcing.
Date: 2010-08-04

Financial regulation: A new approach
On 26 July 2010, HM Treasury published a consultation paper building on Chancellor George Osborne's Mansion House speech in which he outlined his proposals to re-shape financial regulation in the UK.
Date: 2010-08-03

Age: A concern? End of compulsory retirement from October 2011
The Government has confirmed it is to abolish the default retirement age of 65, which currently allows employers to force employees to retire at that age.
Date: 2010-08-02

EDS v BSkyB: Businesses' salutary reminder as dust settles
As the dust settles on one of the longest and most talked about IT cases in recent history, it is time to look to the future and to consider whether or not the EDS v BSkyB case will lead to fundamental changes in business practices.
Date: 2010-07-27

Bribery Act delayed six months
The Government announced today that the Bribery Act will come into force in April 2011 - not October 2010 as previously expected.
Date: 2010-07-20

Oil companies get fingers burnt over Buncefield
The firms involved in the operation and maintenance of the Buncefield fuel storage depot, prior to the huge explosion in December 2005, have today been ordered to pay fines and costs totalling nearly £10 million.
Date: 2010-07-19

Ryanair: The dangers of inaccurate advertising
Ryanair and its chief executive, have issued an unreserved apology to easyJet founder and shareholder, Sir Stelios Haji-Ioannou, for depicting him as Pinocchio in an advertisement published in the Daily Telegraph, The Guardian and on Ryanair's website.
Date: 2010-07-16

Employers: Why you must comply with employment law
Recent annual statistics for employment tribunal services show claims submitted reached a record figure this year – up 56% on last year.
Date: 2010-07-12

Green light for redundancy payment cap – but for how long?
A recent decision is good new for employers operating contractual redundancy payment schemes, but the position may change in the future.
Date: 2010-07-12

Panel considers 700th trade union recognition application
The Central Arbitration Committee’s annual report reveals that it dealt with its 700th recognition application during 2009-2010.
Date: 2010-07-12

Delivery charges do form part of the consumer's contract
Following this morning's announcement that Next will begin refunding delivery charges as well as the price of returned goods sold online, e-tailers should double check whether their returns policy complies with the Distance Selling Regulations.
Date: 2010-07-09

Bribery Act 2010: A joined-up approach to correct documentation
The requirement for ‘adequate procedures’ under the Bribery Act 2010 means businesses will want to ensure they have the appropriate documentation in place before this autumn, when the new, so-called Corporate Offence is expected to come into force.
Date: 2010-07-09

Agency worker changes under review
The new government has confirmed that the controversial Agency Workers Regulations 2010 are being reviewed – before they have even come into force.
Date: 2010-07-07

Equality Act 2010 will start coming into force in October
The new government has confirmed that it will stick with the implementation timetable for the Equality Act 2010 set by the previous Labour administration.
Date: 2010-07-05

Emergency Budget 2010: Summary
The Chancellor delivered the 2010 Emergency Budget on 22 June. Here are the main tax points of interest.
Date: 2010-06-23

Wage rules set to change for apprentices
The new government has accepted the Low Pay Commission’s previous proposals to increase the national minimum wage and introduce an apprentice rate for the first time from October this year.
Date: 2010-06-22

The Equality Act 2010: The Devil’s work?
One getting to grips with the new Equality Act 2010 may be concerned to note that ‘being taken as a devil’ is now, apparently, a protected line of work.
Date: 2010-06-22

Dealing with grievances: What do managers need to know?
In this article we set out some guidelines for managers dealing with employees’ grievances.
Date: 2010-06-21

Supreme Court to consider the question of collective agreements on a TUPE transfer
Companies considering tendering for public sector work where employees’ terms and conditions are governed by collective agreements will be concerned to hear that the Supreme Court has granted permission for an appeal in the Alemo-Herron case.
Date: 2010-06-21

Privilege: Must you show your hand?
What is privilege? When the parties in dispute reach the stage of disclosure, they have to review their documents (both hard copy and electronic) in order to determine which they are obliged to disclose.
Date: 2010-06-16

Government orders Vetting and Barring Scheme rethink
Voluntary registration with the Vetting and Barring Scheme (VBS) due to begin next month has been halted to allow the new coalition government to fundamentally remodel the scheme.
Date: 2010-06-15

Parliamentarians are less privileged than they had hoped
In a much anticipated decision Mr Justice Saunders has ruled that three former Labour MPs and a Conservative peer are not entitled to protection from prosecution by parliamentary privilege against charges brought in the wake of the expenses scandal.
Date: 2010-06-14

Court of Appeal shifts burden of proof where client went to litigation on solicitor’s advice
The Court of Appeal has held that the normal inference is that a client whose solicitor advises him to fight rather than settle will generally rely upon that advice unless it is proven otherwise.
Date: 2010-06-07

The new UK Corporate Governance Code: What does it mean for directors?
The final version of the new UK Corporate Governance Code (the Code) was published on 28 May by The Financial Reporting Council (FRC).
Date: 2010-06-03

Can Guarantors reap a Good Harvest?
The recent Good Harvest Partnership LLP v Centaur Services Limited case could be welcome news for guarantors of former tenants, forced to pay out under a guarantee they have given in an Authorised Guarantee Agreement (AGA).
Date: 2010-06-01

Shoosmiths rises to university challenge
Shoosmiths has been appointed to the recently formed Nottingham Trent University and University of Nottingham legal panels.
Date: 2010-05-26

Ten things managers need to know about...misconduct disciplinary situations

Date: 2010-05-26

Disclosure: A duty to seek, not hide
What is disclosure? It is the stage of a dispute when each party is required to disclose to the other party the documents relevant to the issues in dispute. It normally takes place after each party has set out its position in their statement of case.
Date: 2010-05-24

Shoosmiths joins Euro-wide battle against fake goods
Shoosmiths has joined a pan-European coalition aimed at fighting counterfeit goods and piracy
Date: 2010-05-19

Employers need game plan for tackling World Cup absences
With the World Cup getting under way in South Africa next month, employers need to consider their strategy for keeping control of employee absences during the tournament.
Date: 2010-05-12

Change of legal provider was not a TUPE transfer
The Employment Appeal Tribunal (EAT) has recently ruled that TUPE did not apply when a client changed the lawyers on its legal panel.
Date: 2010-05-11

Underperforming managers: Give them extra time or send them for an early bath?
As the football season draws to a close, West Ham have sacked their manager and the future of several others looks precarious. Employment specialist and partner Richard Santy considers how to avoid employment law making an ugly mess of the beautiful game.
Date: 2010-05-11

Invoice recovery in a difficult market: Strategy and options
Maintaining cash flow is a significant challenge in the current economic climate. What started as a 'credit crunch' is now a real squeeze for business - with customers trying to defer payment terms while suppliers apply pressure for earlier payment.
Date: 2010-04-28

Builders beware! Loss liability from defects can arise in tort years after completion
The case of J A Robinson v PE Jones (Contractors) Ltd confirms that builders can owe duties of care not to cause financial loss, both in contract and in tort.
Date: 2010-04-27

Is your website accessible by the disabled? The law says it should be
Website owners have had a legal duty to make their websites accessible to the disabled for more than a decade.
Date: 2010-04-21

Employers handling Iceland volcano fallout
Last week’s volcanic eruption in Iceland is causing a legal headache for employers, as planes are grounded and staff left unable to get back to work.
Date: 2010-04-20

Regulators to get details of ‘whistleblowing’ claims
From 6 April 2010 the employment tribunal will be able to send details of cases involving whistleblowing allegations to relevant regulators such as the HMRC.
Date: 2010-04-07

Employees can now ask for time off to train
The new right to request time off to train came into force on 6 April 2010 for employers with 250 or more staff. It is expected to apply to all other employers from 6 April 2011.
Date: 2010-04-07

Additional paternity leave regulations in force this month, but only where baby is due on or after 3 April 2011
Employers have just under a year to prepare for the extension to statutory paternity leave and pay. Our Q&As provide a starting point.
Date: 2010-04-07

New rates for statutory pay from 4 April 2010
Do not forget that on 4 April the weekly prescribed rate of statutory maternity, paternity and adoption pay increased to £124.88 (from £123.06) or 90% of the person's average weekly earnings if less than £124.88.
Date: 2010-04-07

Employers must be prepared for fit notes
The new statement of fitness for work (fit note) replaced the current medical statement or ‘sick note’ on 6 April 2010.
Date: 2010-04-07

Fit notes: How do they 'fit' with RIDDOR?
As of 6 April 2010, the sick note will change and become the fit note, allowing doctors to advise on how employees may be able to return to work.
Date: 2010-04-06

Equality Bill developments: Pre-employment health questions to be outlawed
The Equality Bill is continuing its passage through Parliament and now looks set to become law before the General Election, widely expected to be held in May.
Date: 2010-03-29

Should registered trade mark applications for product names be made before the product is launched?
This is a question we are often asked by our automotive and retail clients. BMW has recently made registered trade mark applications for a number of new, unlaunched product names.
Date: 2010-03-29

Employment status: Warning for employers as HMRC gets heavy with WeightWatchers
A recent ruling by HM Revenue & Customs (HMRC) is a cautionary tale for organisations that use staff they treat as self-employed.
Date: 2010-03-29

Rigorous review leads to changes in advertising code
The rules governing non-broadcast and broadcast advertising will change significantly on 1 September, 2010.
Date: 2010-03-23

Is Google off AdWords hook? Maybe
The European Court of Justice (ECJ) has today given its decision on the question of whether or not Google AdWords are a trade mark infringement.
Date: 2010-03-23

IT contracts: Friend or foe? Key considerations
Whether on the receiving end of poor performance or the party in breach of an IT contract, identifying objectives from the outset is essential.
Date: 2010-03-22

Equal treatment for agency workers: businesses need to start preparing for 2011 changes
From next year there will be important changes to the the rights of agency workers.
Date: 2010-03-16

Beware public law arguments in anti-social behaviour possession proceedings
Local authorities have for some time been aware that public law arguments historically dealt with by the Administrative Court, can now be raised as defences in the County Court.
Date: 2010-03-09

All change in April for employment law
April and October are the two months when most changes to employment law are introduced. This year is no different, with plenty of changes coming into force in April.
Date: 2010-03-02

Contractual power allows employer to change employment terms without employees’ agreement
The Employment Appeal Tribunal (EAT) has ruled in favour of Asda after employees challenged its right to make changes to their pay structure unilaterally.
Date: 2010-02-22

Court of Appeal rules in BA crucifix case
The Court of Appeal has handed down judgement in the case of a British Airways worker who claimed her employer's uniform policy discriminated against Christians.
Date: 2010-02-12

Summary judgment as tool to control litigation costs
Summary judgment is a procedure in which a party to an action (or the court, of its own accord), can apply for an early determination of all or part of a claim without the need for a full trial.
Date: 2010-02-12

Procurement alert: remedies - just when you thought it was safe...
The new remedies rules may need to be interpreted in light of a very recent European Court of Justice (ECJ) Judgment in relation to limitation periods for bringing challenges for breach of the public procurement rules.
Date: 2010-02-11

Petitioning creditors: Take care when considering offers
Your statutory demand has been served but the debtor fails to pay. You issue a bankruptcy petition and serve it. At the hearing of petition the court dismisses it. How could that happen?
Date: 2010-02-11

Contractors' relief at ruling they are not bound indefinitely by third party collective agreements
In what will be a very welcome decision for employers, the Court of Appeal has ruled that contractors who take on staff as a result of a TUPE transfer are not bound by new collective agreements negotiated by third parties after the transfer.
Date: 2010-02-02

Fit notes to replace sick notes from April 2010
Following last year’s consultation on replacing sick notes with fit notes the Government has said it will bring regulations implementing the change into force from April this year.
Date: 2010-02-02

IT suppliers: dotting the 'I's and crossing the 'T's following EDS v BSkyB
The verdict has finally arrived in the long-running IT dispute between EDS and BSkyB, for which the trial ended over a year ago.
Date: 2010-01-28

Statutory paternity leave and pay extended for babies due on or after 3 April 2011
Statutory paternity leave and pay extended for babies due on or after 3 April 2011
Date: 2010-01-27

Codes of practice on discrimination set to change
The Equality and Human Rights Commission (EHRC) has launched a consultation on three new discrimination codes of practice (the Codes) to support the Equality Bill when it comes into force.
Date: 2010-01-26

Legal representation at disciplinary hearings may be needed to protect employees' human rights
The Court of Appeal has ruled that employees may be entitled to legal representation at some internal disciplinary hearings.
Date: 2010-01-26

Resolving Disputes in 2010
For the first time since Lord Woolf's 1999 reform of the civil justice system, the more conciliatory approach to resolving disputes advocated by the Civil Procedure Rules (CPR) is being thoroughly tested.
Date: 2010-01-25

EAT considers extent of sex discrimination protection for woman undergoing IVF treatment
Employees who are pregnant enjoy a significant level of legal protection.
Date: 2010-01-04

Christian registrar loses civil partnerships fight
The Court of Appeal has rejected an appeal by the Christian registrar who claimed being forced by her employer to officiate at civil partnerships ceremonies was religious discrimination.
Date: 2009-12-22

Unprecedented reduction in compensation for unfair dismissal from February 2010
For the first time ever the compensation limit in unfair dismissal cases will fall in February 2010.
Date: 2009-12-22

Database of serial litigants now live
For a fee, respondents facing employment tribunal claims can now find out if the claimant has previously won or lost other employment cases.
Date: 2009-12-22

TUPE: Guidance given on the time frame for informing and consulting
The Employment Appeal Tribunal has clarified the timing for giving information to employee representatives where a TUPE transfer is proposed.
Date: 2009-12-22

Offers under Part 36 of the Civil Procedure Rules: Offers that can't be refused?
Part 36 offers are a useful tactic to put considerable pressure on an opponent to settle a dispute.
Date: 2009-12-21

National minimum wage: Sleeping-in allowance counted towards minimum wage
The Employment Appeal Tribunal (EAT) has ruled that a payment made for time spent overnight at a residential care home could be taken into account when calculating whether the employer had paid the national minimum wage (NMW).
Date: 2009-12-01

No wheelchair access meant bank breached disability discrimination law
Disability discrimination laws do not just apply to employers. They also require service providers to make reasonable adjustments for their customers – which could include altering their premises.
Date: 2009-12-01

Without prejudice: A useful tool, but when to use it?
The general rule is that statements made in a genuine attempt to settle an existing dispute should not be put before the court as evidence of admissions of wrongdoing and are privileged.
Date: 2009-12-01

Bank charges judgment: The end of the matter?
It has been a good couple of months for the UK's embattled banks. Last month, Barclays and others were successful in their appeal against the Competition Commission's ban on the sale of payment protection insurance at the point of sale of credit.
Date: 2009-11-27

Avoiding higher tax rates: Employment and tax issues
From 6 April 2010 higher rate tax will increase to 50% on earnings over £150,000.
Date: 2009-11-26

Queen’s Speech confirms 2011 equal treatment for agency workers
The Queen's Speech has confirmed that from October 2011 the 'Government will legislate to provide agency workers with the right to be treated equally with permanent staff on pay, holidays and other basic conditions'.
Date: 2009-11-19

Employee with climate change belief protected against workplace discrimination
A decision by the Employment Appeal Tribunal (EAT) means employees holding philosophical beliefs may now enjoy legal protection against discrimination in the workplace.
Date: 2009-11-04

Occupational health guidance requires patient consent to disclose reports to employers
Employers seeking medical reports on employees from occupation health doctors may be frustrated by new guidance from the General Medical Council (GMC).
Date: 2009-11-04

Companies in breach of Data Protection Act if they disclose directors’ home addresses
From 1 October 2009 the Companies Act 2006 (the new Act) has distinguished between directors’ residential and service addresses, and requires all companies to keep a separate register of their directors' residential addresses.
Date: 2009-10-29

Take a break, but beware the pitfalls
A break option allows a tenant to terminate its lease early - a valuable right in uncertain times.
Date: 2009-10-28

Limitation periods in relation to commercial claims
A key consideration in many claims is the limitation period. This is the time within which a party must issue proceedings.
Date: 2009-10-27

First phase of Vetting and Barring Scheme in operation from 12 October 2009
The new Vetting and Barring Scheme aims to prevent unsuitable people from undertaking paid or volunteer work with children and vulnerable adults. It will vet all those who wish to work with vulnerable groups and bar those shown to pose a risk.
Date: 2009-10-16

Can we talk? How to have a without prejudice conversation with an employee
‘Without prejudice’ is the legal term for ‘off the record’. In a dismissal situation – maybe for poor performance – an employer may wish to speed up the formal process by offering a termination package on a without prejudice basis.
Date: 2009-10-16

Redundancy: When does duty for collective consultation arise?
The ECJ has recently given guidance on when the duty to consult collectively under the Collective Redundancies Directive (98/59/EC) is triggered.
Date: 2009-10-06

ECHR consultation on gender pay reporting in private sector
Under the Equality Bill, currently going through Parliament, private employers with 250 or more employees will be required to report on the gender pay gap within their organisations from 2013.
Date: 2009-10-06

New law on agency workers could come early next year
A new law giving significant new rights to agency workers looks set to become law sooner than expected.
Date: 2009-10-06

Parents can swap statutory leave between them from 2011
The Government has launched a consultation on regulations to extend statutory paternity leave and pay.
Date: 2009-10-02

Dismissal to avoid pension costs was age discrimination
The Employment Appeal Tribunal has found that a 49-year-old employee suffered age discrimination when he was made redundant to avoid pension costs that would have arisen once he reached 50.
Date: 2009-10-02

Discrimination gets more expensive
The Employment Appeal Tribunal (EAT) has increased the amount that tribunals must award for injury to feelings in discrimination cases.
Date: 2009-10-01

U-turn on pledge to extend paid maternity leave to 12 months
Perhaps the first casualty of the need for the Government to tighten its belt was seen earlier this month when it emerged that statutory maternity pay would not be increased, as expected.
Date: 2009-10-01

Default retirement age lawful, but Government review looms
The High Court has rejected Heyday’s long-running challenge to the UK’s default retirement age of 65, holding that it is lawful to force employees to retire at that age, provided the correct procedure is followed.
Date: 2009-09-30

ECJ extends holiday entitlement for sick workers even further
The European Court of Justice (ECJ) has handed down another significant case concerning the holiday entitlement of employees who have taken sick leave.
Date: 2009-09-30

October employment law changes
October is one of two regular implementation periods for employment law changes - the other is April - we round up the changes to look out for.
Date: 2009-09-30

Google AdWords don't infringe Trade Mark law
Google has been offering advertisers the right to buy keywords corresponding to well known trade marks. These AdWords allow businesses to ensure their web page appears whenever a relevant keyword is used by someone using Google's search engine.
Date: 2009-09-23

Litigation and third party funding
Even in a recession, litigation costs continue to hit the headlines. Widely accepted as expensive and unpredictable, in the downturn it is essential to consider all available tools to help to manage litigation costs.
Date: 2009-09-22

Court confirms consultant's breach of confidence
The Chancery Division of the High Court has ruled in favour of the Vestergaard Group of Companies after defendants - including two ex-employees and a consultant - went to work for a competing company to develop rival products.
Date: 2009-08-13

eBay announces new minimum standards for sellers
From 1 October 2009 all eBay sellers will need to ensure that their number of transactions with detailed seller ratings (DSR) of 1 and 2 for 'item description' is below 3%.
Date: 2009-08-13

Hot fine after Shell breaches fire safety regulations
A huge fine imposed on Shell emphasises the importance to all businesses - large and small - of carrying out the steps identified in a fire risk assessment and regularly reviewing that assessment.
Date: 2009-08-12

Law Lords' ramp ruling ends threat of legal action
Companies and organisations cannot be sued by staff injured when using equipment not provided or maintained by their employer.
Date: 2009-05-20

Businesses urged to beware 'clickwrap' trap
Businesses ordering or installing computer software could find themselves in a legal tangle with 'clickwrap' agreements
Date: 2008-12-18

Coke Cola ordered to change its name
Coke Cola Limited has been ordered to change its name by the Company Names Tribunal (CNT).
Date: 2008-12-17

The OFT release new Information Sheets
Given the current economic climate, it has been a busy year for all lenders, but coupled with the biggest overhaul of Consumer Credit Law since 1974, with the introduction of Consumer Credit Act 2006, the changes for this year are not over yet.
Date: 2008-12-10

Turbulent times bring landlords' remedies to the fore
In these turbulent economic times the remedies available to a landlord against a defaulting tenant are once again in the spotlight.
Date: 2008-11-14

When the drink runs dry
In the current economic climate many businesses are battling for survival, and there are daily reports of pubs, hotels, restaurants and clubs becoming insolvent or being repossessed.
Date: 2008-11-14

Goodbye statutory procedures, hello ACAS code of practice
The new ACAS Code of Practice (the Code has been approved by the Secretary of State for Business, Enterprise and Regulatory Reform, and will now go to Parliament for final approval.
Date: 2008-11-14

Prepare for more information access requests businesses told
Companies should be prepared for an increase in the use of subject access requests (SARs) by individuals affected by the economic downturn.
Date: 2008-11-11

Redundancy rights and wrongs
With the UK economy continuing to be buffeted by the storm of the global financial crisis, the effects are now starting to be felt nearer to home in the real economy.
Date: 2008-11-10

Get ready for immigration system’s big shake-up
The biggest shake-up of the immigration system for 45-years happens at the end of November. Tiers 2 and 5 of the new Australian-style points-based system come into force on 27 November 2008.
Date: 2008-11-10

Internet expansion: the new .brand gTLD
The anticipated new registration scheme allowing companies to apply to register their own gTLD’s will see a huge change in the way in which the internet is structured.
Date: 2008-11-04

Don't fall victim to corporate ID theft
Increasing numbers of businesses are falling victim to identity theft, Shoosmiths has warned.
Date: 2008-11-04

New serious crime offences for IP cheats
Trademark and copyright infringers face new punishments as a result of the Serious Crime Act 2007.
Date: 2008-11-03

Doh! Law degree requirement was not age discrimination
The Employment Appeal Tribunal (EAT) found that a 61-year-old employee was not discriminated against on the grounds of age when his employer introduced a new grading system.
Date: 2008-11-01

New Year heralds prison sentences for health and safety offences
A new Act which comes into force on 16 January 2009 imposes serious new penalties for directors, employers and employees who are convicted of a health and safety offence.
Date: 2008-10-28

Sales risks: how exposed is your business?
In the current climate stories are emerging daily of situations where suppliers can no longer obtain credit insurance in respect of particular customers.
Date: 2008-10-23

Stress in the workplace: reasons to be fearful
Employers owe a duty of care to staff, and must do all they can to protect employees’ health and safety at work. This extends to protecting employees’ mental health. Employers failing to do so can be liable for unlimited damages for psychiatric injury.
Date: 2008-10-20

Law firm Shoosmiths to open in Manchester with lender services team
National law firm Shoosmiths has announced plans to open a new office in Manchester within the next three months, establishing the firm’s first base in the North West.
Date: 2008-10-13

Adjudicators must give both sides a fair hearing
Less than 1% of adjudication decisions are not enforced by the Court. Recently the Court was asked to consider a new argument based on breach of natural justice, associated with the strict timetable required in adjudications.
Date: 2008-10-08

Companies Act offers hope for defending company names
New legislation from 1 October 2008 will give the owners of goodwill in a mark a new weapon against those seeking to take advantage of the reputation of their brand.
Date: 2008-09-29

Review urged as regulators crackdown on non-compliant websites
With a crack-down on non-compliant online retailers under way, now is a good time for operators of e-commerce sites to give themselves a legal health-check.
Date: 2008-09-24

Guard against rising corporate identity theft
Increasing numbers of businesses are falling victim to identity theft. According to figures released by life assistance firm CPP, the number of cases has risen by 154% since June 2007.
Date: 2008-09-23

Think twice before ganging up on Google
Google prompted angry response when it allowed businesses to sponsor keyword search terms consisting of third-party trade marks via its online advertising facility AdWords.
Date: 2008-09-03

Bleak outlook demands updated contracts
Many contracts have been signed in better times. Now the economic outlook is not as bright. Whatever the nature of the agreement (IT, outsourcing, supply etc), there may be a feeling that a contract is no longer providing the value you expect.
Date: 2008-09-03

Jumping the gun on retirement was age discrimination
In a recent case an employer paid a heavy financial penalty for retiring an employee one day before his 65th birthday. The employment tribunal awarded the employee over £36,000 in compensation.
Date: 2008-08-20

Regulators handed greater, more flexible sanctions
As regulators are handed more weapons with which to battle non-compliant businesses, we urge those businesses not to take sanctions lying down, and to challenge them if necessary.
Date: 2008-08-15

Mediation - being unreasonable and maintaining privilege
Mediation has been triumphed as the way forward but what about when it fails? Do the costs consequences mean you should always take part even if you fail to actively participate and are the costs of mediation itself recoverable?
Date: 2008-08-08

Debt recovery remedies on the way - but not until 2009
A raft of new remedies is being proposed as a result of the Tribunals, Courts and Enforcement Act 2007.
Date: 2008-08-08

Lenders urged to consider changes when planning debt recovery strategies
The Common Financial Statement (CFS) was relaunched on 16 June 2008. Sponsored by the British Bankers Association (BBA) and the Finance and Leasing Association (FLA), the CFS provides trigger figures agreed with the industry and advice sector.
Date: 2008-08-05

Consumer Protection from Unfair Trading Regulations 2008: Impact on the Finance Industry
The new Consumer Protection from Unfair Trading Regulations 2008 have wide-reaching implications for all sorts of businesses. Here, partner and head of asset finance Joanne Davis looks at how they might affect the finance sector.
Date: 2008-08-05

Data security breaches and the Payment Card Industry Data Security Standard
The national news has featured many cases of serious data security breaches. In June it was the retail company Cotton Traders Ltd who illustrated the far reaching consequences of inadequate security systems.
Date: 2008-08-01

Draft Construction Contracts Bill - how will the changes affect you?
The proposed amendments to the Act have now been issued by DBERR. They are due to progress through parliament this session, but the key question is are they as anticipated and do they cover the recommendations made for change?
Date: 2008-08-01

Must you disclose internal investigations to regulators?
Following a serious accident or fatality in the workplace, an organisation will no doubt want to carry out an internal investigation to try and ascertain what the root causes of the incident were and prevent future accidents recurring.
Date: 2008-07-31

Knife sales: Undercover kids
The BBC reported that in the five years leading up to 2006 no-one was jailed for selling a knife to a child in England and Wales.
Date: 2008-07-24

European Court of Justice (ECJ) ruling extends UK’s discrimination law
The ECJ has delivered a ruling which extends the ambit of the UK’s disability discrimination legislation to those who are discriminated against because of their association with a disabled person but who are not themselves disabled.
Date: 2008-07-22

House of Lords changes the law on disability-related discrimination
The House of Lords has delivered a major judgement which will change the way in which the Disability Discrimination Act 1995 is interpreted and which is expected to make it harder for employees to succeed in claims of disability related discrimination.
Date: 2008-07-14

Resolving a dispute? New rules for asking an expert
Alternative Dispute Resolution (ADR) is considerably less ‘alternative’ than it was five years ago. The Academy of Experts, the professional body for expert witnesses around the world, has just published new rules for expert determination.
Date: 2008-07-03

Draft ACAS guidance on new disciplinary and grievance Code of Practice published
ACAS has published draft guidance to accompany the new Code of Practice that is expected to come into force in April 2009 which sets out good practice for dealing with discipline and grievances in the workplace.
Date: 2008-07-01

Three issues key to bank charges test case
On 24 April 2008, the now celebrated test case on charges made by banks and building societies for unauthorised overdrafts was taken to the High Court by the Office of Fair Trading (OFT), seven UK banks and a building society.
Date: 2008-06-13

Brands' frosty reception for keyword search policy change
Search engine Google has made a significant policy change to its online advertising facility - AdWords - in the UK and Ireland, allowing open bidding on all keyword search terms, including those protected by trademarks.
Date: 2008-06-12

Landlords must have robust gas safety procedures
Over recent months there have been a number of high profile cases which have been reported about gas incidents in properties owned or managed by housing landlords.
Date: 2008-06-09

Jimmy Choo obtains favourable settlement against Office
Office, the High Street footwear retailer, has agreed to pay almost £7,500 and destroy over 1300 pairs of shoes after Jimmy Choo claimed that Office had copied its famous “Metallic Framed” heel.
Date: 2008-04-03

Minimising the risk of discrimination
According to the Equality and Human Rights Commission there are 10 million people in the UK who have rights under the Disability Discrimination Act 1995.
Date: 2008-03-25

Unfair and aggressive trading practices to be outlawed
A crackdown on aggressive selling will for the first time prohibit businesses from adopting ‘unfair trading practices’ and see more than 30 specific types of business methods blacklisted in a move to protect consumers.
Date: 2008-03-21

Employers could be liable for equipment in private homes
Thousands of companies and organisations could be sued by staff injured even when using equipment not provided or maintained by their employer.
Date: 2008-03-04

Shoosmiths launches new finance litigation and regulatory team in Birmingham
National firm Shoosmiths has launched a new finance litigation and regulatory service in Birmingham with the appointment of a team of four from BPE Solicitors.
Date: 2008-02-26

Residential landlords alert after scalded baby death inquest
Shoosmiths is urging residential landlords to heed warnings about the dangers of hot water systems after an inquest into the death of a severely scalded 10-month-old baby said the tragedy could have been avoided.
Date: 2008-02-06

Shoosmiths gives copycats the boot
A London-based retailer has agreed to remove more than 130 pairs of boots from sale and donate them to Oxfam after designer Georgina Goodman claimed it had copied one of her styles.
Date: 2008-01-31

Suppliers urged to safeguard goods in tough trading climate
Suppliers are being warned to protect their goods amid predictions of a tough trading climate in 2008.
Date: 2008-01-21

Fraudsters targeting IT wholesalers to rake in millions of pounds a day
IT companies are among the top targets for fraudsters stealing around £4 million a day from UK businesses.
Date: 2007-10-26

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Alex Bishop

Partner
T: 03700 86 4188
I: +44 (0)121 625 4188
E: alex.bishop@shoosmiths.co.uk