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When does notice to terminate an employment contract take effect?
30 March 2017The Court of Appeal has ruled that, in the absence of an express contractual term, written notice to terminate a contract of employment is only effective when it is received personally by the employee.
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When does a chat with competitors become illegal?
09 October 2017We all have discussions with counterparts in our industries. Those conversations are often vital to share knowledge, address common issues, and lobby for change. However, conversations with competitors can easily stray into dangerous territory, leading to potentially cartel behaviour.
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When does service provision change amount to transfer of an economic entity?
31 January 2018The European Court of Justice (“ECJ”) was recently required to consider whether the award of a service contract to a replacement contractor in Portugal amounted to the transfer of an economic entity under the EU Acquired Rights Directive (“ARD”). Portugal has no equivalent legislation to the UK’s service provision change (“SPC”) rules
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When to pay interns?
09 February 2018Media outlets have reported that HM Revenue and Customs (HMRC) has initiated a crackdown on unpaid internships, including sending letters warning that “workers” must be paid the national minimum wage and setting up teams to tackle the problem.
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When the clock strikes midnight there is no more time to go to court!
08 March 2018In Matthew & Ors v Sedman & Ors [2017] EWHC 3527 (Ch) the court has had to decide when the limitation period ends on a claim where the cause of action arose on the stroke of midnight.
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A warning to solicitors and legal HR – when settlement agreements go too far
05 April 2018Non-disclosure agreements (“NDAs”) have become hot news. From Harvey Weinstein to Donald Trump, rich and powerful men stand accused of using them to silence women and cover up bad behaviour.
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Mercky stuff: when do websites target the UK? (Brands & IP Newsnotes - issue 7)
23 April 2018Over the last few years, a long-running dispute has heated up between the US and European pharmaceutical companies that both trade under variations of the name “Merck”.
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Sports Q&A - What are the key terms to be aware of when preparing and negotiating Heads of Terms in lease transactions?
01 April 2019Here we look at some of the key things to be aware of with regards to heads of terms (HoTs) in commercial lease transactions, such as taking new office space or granting a lease of space in a stadium, and why HOTs are so important.
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I didn’t sign up for this! Can parties escape obligations when the deal changes?
27 April 2020It is estimated that 20% of the world’s population is living under some form of lockdown as various governments roundly seek to combat the spread of Covid-19. The impact has seen businesses forced to adapt to a reality that they would never have envisaged. Measures in the UK have left a variety of sectors reeling as shops have shut, operations have been restricted and events have been cancelled.
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It’s a T8 – should employees have the day off when WFH?
20 August 2020Pre-2020, when there was no Covid-19 and employees generally worked in offices, factories, shops, etc. and not from home, the issuing of a Typhoon Warning Signal No. 8 (“T8”) by the Hong Kong Observatory would have been met with a mixture of concern about falling trees and personal and family safety, together with a little excitement at having an unexpected day off work. But what is the situation now for those working from home?
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Engaging contractors through an agency – what are the legal issues when the contractor uses a limited company?
01 September 2020This article looks at the key points businesses should consider when seeking to engage contractors through an agency, with a focus on contractors who use their own limited company or personal services company.
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When can menopause form the basis for an Employment Tribunal claim?
08 September 2021What types of legal claim may employees with menopause symptoms be able to pursue, and how can employers foster a supportive culture to reduce that risk?
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Directors’ duties and climate change litigation: if not now, when?
17 November 2021For the last two weeks, many of us have been watching events unfold at the COP26 UN Climate Change Conference. Each day seemed to bring a mixed bag of news, some positive and some disappointing.
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When is collective bargaining exhausted and a direct offer of new employment terms allowed? The EAT confirms an objective test
21 June 2022In the first reported application of the Supreme Court’s landmark Kostal decision, the Employment Appeal Tribunal has ruled that an employer could not unilaterally declare that its negotiations with its recognised trade union had finished. As unionised employers may only make direct offers to employees after exhausting their collective bargaining procedure, the employer now faces punitive fines.
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When can a mistake not be corrected? Court of Appeal rules collective agreements are not capable of rectification
03 November 2022A recent Court of Appeal decision has confirmed that employers cannot seek rectification of mistakes in collective agreements. Where agreements with unions about terms and conditions have been wrongly recorded, employers will be limited to seeking to rectify relevant employees’ individual employment contracts in as far as they incorporate the mistaken terms.
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Record €225 million fine imposed by DPC in WhatsApp transparency decision
03 September 2021The Irish Data Protection Commissioner (DPC) has imposed a record €225 million fine on WhatsApp Ireland Limited for breaching the General Data Protection Regulation’s (GDPR) transparency obligations “with regard to the provision of information and the transparency of that information to both users and non-users of WhatsApp’s service”, including information about the processing of their data between WhatsApp and other Facebook companies.
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What’s New Copycat? (Brands & IP newsnotes - issue 1)
27 September 2015Last year, consumer group Which? carried out a comprehensive survey of the copycat product packaging market in the UK. It found that over 150 of retailers’ own-label products “mimicked” the market-leading brand-owner’s packaging.
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What happens now that the UK has voted to leave the EU
24 June 2016The UK population voted to leave the European Union (“EU”) on 23 June 2016, but nothing will happen for employers and employees overnight.
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Brexit - what now for TUPE?
21 July 2016Following the UK’s vote to leave the European Union, much is being discussed and written about the future shape of post-Brexit employment law, shorn of the requirement to comply with underlying EU directives.
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What are the legal implications of Brexit for Intellectual Property Rights?
21 July 2016Will the UK government negotiate membership of the European Economic Area (EEA) (like Norway for example), or will it decide to divorce itself more completely from the EU and its trade/legal systems?