Search results
176 results ordered by
Hot off the Press: COVID-19 - Your workforce: a Q&A on claiming for wage costs through the Job Retention Scheme
On 26th March, HMRC issued guidance on claiming for wage costs through the Coronavirus Job Retention Scheme. We explore some answers to key questions and add some questions of our own.
Read moreCOVID-19 Your workforce: a caution against putting equality on the backburner
UK business, like much of the rest of the world, is and will, for some time, remain firmly in the grip of COVID-19's tentacles.
Read moreCOVID 19 Your workforce: What on earth is "furlough"?
Meaning of furlough, especially in the context of companies dealing with the impact of COVID-19.
Read moreCOVID-19 Your workforce: pay and costs - practical ideas our clients are exploring
COVID-19 Your workforce: pay and costs - practical ideas our clients are exploring. These are extraordinary times that place extraordinary pressures on all of us, including dealing with your workforce. We set out below some ideas that we are hearing about from our clients and some areas you may wish to think about in terms of your employee costs.
Read moreCOVID-19 Your workforce: supporting mental health when home working
COVID-19 Your workforce: supporting mental health when home working. Many of us are working from home during this crisis and while this can be an effective way of working for some, it is less happy for others; loneliness, caring for vulnerable dependants and challenging home environments are all being experienced. There may be members of your teams who fall into these categories.
Read moreSharpen your blue pencil: the doctrine of severance in employment cases
In Tillman v Egon Zehnder Ltd [2019] UKSC 32, one such business asked the Supreme Court to reconsider the law and to change it to be fit for modern day purposes. In its landmark judgment handed down in July, the Supreme Court has done so. The core facts of the case are not unusual. Egon Zehnder (EZ) is a global specialist executive search and recruitment business. EZ recruited Mary-Caroline Tillman in 2004. As the High Court judge observed, the company regarded Ms Tillman as “a bit special”. She was recruited into a senior role on a salary of £120,000 and first year bonus of £100,000 and then rose steadily through the ranks of the organisation. By 2012, Ms Tillman was joint global head of the company’s financial services practice and a shareholder in the Swiss holding company.
Read moreGender Pay Gap Reporting – are you ready?
Hear Patrick Brodie and Kelly Thomson discuss the requirements on businesses to comply with Gender Pay Gap Reporting legislation.
Read moreSome holiday pay reading
A new decision on holiday pay and commission.
Read moreEmployment update, December 2015
Implied terms: when can a term be implied into a contract?
Read moreEmployment update, November 2015
Penalty clauses: what is the test where a clause is claimed to be unenforceable?
Read moreEmployment update, October 2015
Whistleblowing: A dispute about terms of employment can be a matter of “public interest”
Read moreEmployment update, September 2015
HR assistance in disciplinary procedures: how much is too much?
Read moreRestrictive Covenant Clause Enforced Despite it Containing a Drafting Error
The High Court has just handed down its judgment in the case of Prophet Plc v Huggett.
Read moreDifferent Emails, Read Together, Can be a Qualifying Whistleblowing Disclosure
In the case of Norbrook Laboratories (2B) Limited v Shaw the EAT considered whether emails sent to different recipients could be taken as a whole to amount to a qualifying disclosure for the purposes of a whistleblowing claim.
Read moreBritish National Working Overseas Has No Right to Bring a Claim in the Employment Tribunals
For employers who engage staff to work overseas, determining whether the can bring a claim in the Employment Tribunals is becoming increasing difficult.
Read moreCollective Redundancy Consultation: Expiry of Fixed Term Contract Does Not Count Towards 20+ Headcount
University College v University of Stirling [2014] CSIH 5.
Read moreReport Card
We're casting our critical eye over the Government's employment law proposals and writing its school report.
Read moreFaith and Freedom
In a debate that has lasted several years, one of my colleagues and I have been at odds on the case of Lillian Ladele, the Islington registrar who refused to conduct civil partnership ceremonies.
Read moreCAT Collective Proceedings - Summer 2024 update
Developments in the UK’s competition collective proceedings regime continue apace with new claims recently issued in the Competition Appeal Tribunal (CAT).
Read moreUK authorities seize £179m from suspected criminals – up 16% in a year
UK authorities, including the SFO, HMRC and police, seized £179m last year[1] from criminals using draconian Confiscation Orders – an increase of 16% on £154m a year earlier, according to analysis of new data by international law firm RPC.
Read moreThe CAT's new approach: I can't afford a carriage (dispute)
Since the collective proceedings regime in the UK's Competition Appeal Tribunal (CAT) kicked off, a number of carriage disputes have arisen. So-called 'carriage disputes' arise when there are two or more competing proposed class representatives (PCRs) seeking certification (and therefore 'carriage') of overlapping class actions.
Read more2023 Update - CAT Collective Proceedings
A new era of consumer-focussed competition class actions is now well underway. It kicked off with the first collective proceedings order (CPO) granted by the Competition Appeal Tribunal (CAT) in Merricks in the summer of 2021, opening the gates for further collective claims to be certified.
Read moreThe November 2023 AI safety summit and the UK's direction of travel
The government has confirmed that the UK AI safety summit will be held at Bletchley Park on 1 and 2 November 2023.
Read moreTelecoms supply agreement excludes "loss of profit" claim under "anticipated profits" liability exclusion (EE v Virgin Mobile)
In line with a number of recent cases, in EE Limited v Virgin Mobile Telecoms Limited [2023] EWHC 1989 (TCC) the courts have shown that parties generally cannot avoid clear wording contained in exclusion clauses in order to recover losses that have been expressly excluded (in this case, loss of profits).
Read moreRolls-Royce entitled to hit the brakes in dispute over termination of a software services agreement (Topalsson v Rolls-Royce)
In Topalsson GmbH v Rolls-Royce Motor Cars Limited [2023] EWHC 1765 (TCC), the High Court has provided useful guidance on how to determine whether a software implementation timeline agreed by the parties is binding, when implementation is considered complete and in what circumstances failing to complete implementation by the contractual deadlines entitles the customer to terminate the contract.
Read moreA narrow escape – software services provider entitled to rely on single aggregate liability cap (Drax v Wipro)
When it comes to bespoke software development projects, a lot can go wrong. There's risk for the customer such as project delays, software defects, functionality issues and a lack of meeting of minds in terms of project requirements.
Read moreHarmful Online Choice Architecture: ASA criticises Nike and Sky for “dark pattern” tactics
What must businesses do to ensure that their ads do not fall foul of the ASA and CMA’s ongoing investigations into harmful choice architecture and dark pattern tactics?
Read moreAgreements to agree: Price for goods “to be fixed” by agreement results in partially enforceable contract
Where a contract for the sale of goods did not expressly specify the price for a portion of the goods, was the contract for the sale of those goods, or an element of it, enforceable or unenforceable as a mere agreement to agree?
Read moreInfluencer posts and affiliate links: the whole marketing chain must know the rules
Why did the Advertising Standards Authority (ASA) rule against Sainsbury’s on the use of an affiliate link by an influencer (noting that Sainsbury’s had no involvement in the creation of the post) and what steps could Sainsbury’s take to help prevent the problem from happening again?
Read moreConstruing material adverse effect/material adverse change clauses
How did the courts go about construing a material adverse effect definition (MAE) in a share purchase agreement (SPA) to determine whether an event constituted a MAE so as to discharge the buyers from their obligation to close the transaction?
Read moreTravel agent found to have misled consumers with “from” price claims
How can advertisers avoid misleading consumers when using “from” price claims?
Read moreReasonable notice termination not construed or implied into a contract with detailed termination provisions
Where a contract contains comprehensive termination provisions, in what circumstances will the court avoid construing or implying an additional right to terminate on reasonable notice?
Read moreASA rules against telecoms companies on mid-contract price rises
What steps should be taken to ensure contractual mid-term price rises don’t fall foul of advertising regulations or Ofcom’s existing and incoming transparency rules?
Read moreEffect of a contractual liability cap on set-off and contractual interest
Under a contract’s liability cap, should the cap be applied separately to each party’s liability before any set-off or after calculating the net financial position between the parties?
Read moreRound up of recent green claims
Round up of recent green claims: Key updates and sector-specific updates
Read moreSnapshots Winter 2024
A roundup of key legal developments for the modern commercial lawyer.
Read moreSnapshots Autumn 2024
A roundup of key legal developments for the modern commercial lawyer.
Read moreCourt infers novation despite 'no dealings' clause
Magee and others v Crocker and others [2024] EWHC 1723 (Ch)
Read moreDetermining whether a default interest clause is an unenforceable penalty
Houssein & Others v London Credit Limited & Another [2024] EWCA Civ 721
Read moreAgent authority in contract variation
Advanced Multi-Technology for Medical Industry and others v Uniserve Ltd and others [2024] EWHC 1725 (Ch)
Read moreContract construction – adjective at the start of a list found to qualify the entire list
Cantor Fitzgerald & Co v Yes Bank Ltd [2024] EWCA Civ 695
Read moreUpdated CAP guidance on when in-game purchases are considered 'advertising'
When and how does the CAP Code apply to the advertising of in-game purchases such as "loot boxes" in apps and video games?
Read moreASA continues to scrutinise aviation green claims
What can we learn from the Advertising Standards Authority's (ASA) recent rulings against green claims in the aviation industry?
Read moreASA rules on impact of historic environmental performance on green claims
How does the Advertising Standards Authority (ASA) say about poor historic environmental behaviour in respect of green claims?
Read moreIAB Europe's 12 guiding principles for the 2024-2029 EU legal agenda
What principles will guide IAB Europe in the upcoming EU legal agenda?
Read moreASA rules that ad is not sufficient where influencers also have business interests
Why could Zoe and Huel not rely on a #ad disclosure in ads promoted by the famous entrepreneur, Steven Bartlett? And what does this mean for brands where the individual featured in their ads has a business interest in them?
Read moreHeating and insulation green claims under CMA review
What is the Competition and Markets Authority's (CMA) new guidance on the marketing of heating and insulation products and how does this fit into the wider consumer protection picture?
Read moreSnapshots Summer 2024
A roundup of key legal developments for the modern commercial lawyer.
Read moreSnapshots Spring 2024
A roundup of key legal developments for the modern commercial lawyer.
Read moreSnapshots Winter 2023
A roundup of key legal developments for the modern commercial lawyer.
Read moreStay connected and subscribe to our latest insights and views
Subscribe Here