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Thinking - Blog
COVID-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.
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Thinking - Blog
Sharpen 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.
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Thinking - Blog
Put your little stone in the great mosaic
IWD is a day designed to galvanize such desire for change into real, sustainable action by people, by business and by government. And on Thursday 8th March many of us will pause for thought. In our reflections, one question will come up time and time again: what can I actually do to improve gender equality?
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Thinking - Video
Gender 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.
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Thinking - Publication
Some holiday pay reading
A new decision on holiday pay and commission.
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Thinking - Publication
Employment update, December 2015
Implied terms: when can a term be implied into a contract?
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Thinking - Publication
Employment update, November 2015
Penalty clauses: what is the test where a clause is claimed to be unenforceable?
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Thinking - Publication
Employment update, October 2015
Whistleblowing: A dispute about terms of employment can be a matter of “public interest”
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Thinking - Publication
Employment update, September 2015
HR assistance in disciplinary procedures: how much is too much?
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Thinking - Blog
Restrictive 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.
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Thinking - Blog
Different 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.
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Thinking - Blog
British 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.
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Thinking - Blog
Collective Redundancy Consultation: Expiry of Fixed Term Contract Does Not Count Towards 20+ Headcount
University College v University of Stirling [2014] CSIH 5.
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Thinking - Blog
Report Card
We're casting our critical eye over the Government's employment law proposals and writing its school report.
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Thinking - Blog
Faith 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.
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Profile
Thinking - Snapshot
SHEIN faces EU scrutiny over consumer law violations
What practical guidance is given by the CMA in its new draft guidance on price transparency under the Digital Markets, Competition and Consumers Act 2024 (DMCCA)?
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Thinking - Snapshot
CMA secures undertakings from Amazon to combat fake reviews
What do Amazon’s undertakings reveal about the CMA’s expectations for businesses in complying with consumer protection laws on fake reviews?
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Thinking - Snapshot
CMA consults on draft price transparency guidance under the DMCCA
What practical guidance is given by the CMA in its new draft guidance on price transparency under the Digital Markets, Competition and Consumers Act 2024 (DMCCA)?
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Thinking - Snapshot
Green claims update
In a shock last minute U-turn, the European Commission proposed withdrawing the Green Claims Directive over concerns about the regulatory burden, particularly for SMEs, of getting green claims independently verified.
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Thinking - Snapshot
CJEU rules on comparative advertising and online comparison services
Does an online comparison service fall within the remit of the comparative advertising rules contained in the Misleading and Comparative Advertising Directive (2006/114/EC)?
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Thinking - Snapshot
CAP issues guidance on use of AI in ads
When does the use of AI need to be disclosed in ads?
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Thinking - Snapshot
Brand-only ads excluded from restrictions on advertising "less healthy" food and drink products
Do the new restrictions on advertising "less healthy" food and drink products apply to brand-only advertising?
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Thinking - Snapshot
ASA rules against brand for an ad it had never seen
Are brands responsible for third-party advertising of their products, even when they never directly authorised (or had ever seen) those ads?
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Thinking - Snapshot
ASA & CAP's focus on AI influencer ad disclosures
What top tips can be taken from the UK Advertising Standards Authority (ASA) and the Committee of Advertising Practice (CAP) in their recent Annual Report for 2024 and report on Influencer Ad Disclosure on Social Media (Influencer Report)?
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Thinking - Snapshot
Snapshots Summer 2025
A roundup of key legal developments for the modern commercial lawyer.
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Thinking - Snapshot
Contract formation: use of emoji showed objective intention to enter into contract
Is the use of a “thumbs up” emoji sufficient to convey acceptance when forming general commercial contracts?
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Thinking - Snapshot
Court of Appeal confirms financial claim caught by clause excluding liability for loss of anticipated profits
How did the Court of Appeal approach the construction of an exclusion clause to determine whether the Claimant’s financial claim for breach of an exclusivity provision was properly described as a claim for “anticipated profits” and as such was excluded by that clause?
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Thinking - Snapshot
Supreme Court determines that the parties’ common intention decides whether a contract is varied or replaced
How will a court determine whether a contract has been varied or replaced?
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Thinking - Snapshot
Variation of contract by email valid without expressly referring to exercise of contractual right
How will a court determine the formality requirements for a valid contract variation?
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Thinking - Snapshot
The EU’s Work Programme 2025 – ePrivacy Reg and AI Liability Directive dropped!
What are the main takeaways for the tech industry from the European Commission’s Work Programme 2025?
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Thinking - Snapshot
EU Guidance on the AI Act
How is the European Commission helping businesses interpret the EU’s Artificial Intelligence Act (AI Act)?
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Thinking - Snapshot
The Online Safety Act: Illegal Harms Codes officially in force, focus now on children
What are service providers’ new obligations under Ofcom’s new Codes of Practice on Illegal Harms and its Age Assurance and Children’s Access Guidance?
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Thinking - Snapshot
The UK Government’s consultation on Copyright and AI
How is the UK Government considering striking the balance between the protection of copyright in materials and the training of AI?
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Thinking - Snapshot
UK’s new AI Cyber Security Code of Practice
How is the UK Government seeking to protect AI systems from growing cyber security threats, in particular in respect of deployable AI systems using GenAI?
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Thinking - Snapshot
UK’s “AI Opportunities Action Plan”
How will the UK Government’s new AI Opportunities Action Plan (Plan) impact businesses?
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Thinking - Snapshot
“Ronan’s Law” to impact retailer and online platform liability for knife sales
How will the UK’s proposal to crack down on the online sale of knives impact retailers?
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Thinking - Snapshot
EU “ecodesign” product regulation lands, together with new digital product passport
What does the EU’s new regulation on ecodesign and sustainability mean for products and those who manufacture, import, deal and distribute them?
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Thinking - Snapshot
EU proposals to make online marketplaces liable for unsafe or illegal goods and collection of taxes
How concerned should online marketplaces be about new EU rules on e-commerce imports?
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Thinking - Snapshot
EU Online Dispute Regulation Platform discontinued!
The EU Online Dispute Resolution Platform (ODR Platform) was set up in 2016 under the Regulation (EU) No 524/2013 (Regulation), as an alternative route to court for disputes arising from online sales or service contracts
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Thinking - Snapshot
CJEU considering liability of App Store providers for unlawful loot boxes
Should intermediary service providers (eg app stores) be held liable for the supply of games containing unlawful loot boxes to consumers in breach of local gambling legislation?
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Thinking - Snapshot
CMA guidance on unfair commercial practices under the DMCCA
What practical guidance is given by the CMA on unfair commercial practices under the Digital Markets, Competition and Consumers Act 2024 (DMCCA)?
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Thinking - Snapshot
CMA’s enforcement road map for the new DMCCA plus consumer protection priorities
Where will the CMA focus its new enforcement powers under the Digital Markets, Competition and Consumer Act 2024 (DMCCA)? And what are the CMA’s consumer protection priorities?
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Thinking - Snapshot
Green claims update
The CMA has recently consulted on draft guidance to help businesses comply with the revamped consumer protection rules under the Digital Markets, Competition and Consumers Act 2024. The guidance summarises key changes including broader definitions of “commercial practices” and “misleading actions” making it easier to enforce against misleading green claims.
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Thinking - Snapshot
ASA gets tougher on brand advertising for “less healthy” food and drink products
What does CAP and BCAP’s new “identifiability test” mean for the advertising of “less healthy” food and drink (LHF) products?
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Thinking - Snapshot
UK advertising codes to be amended to reflect new DMCCA
What are the proposed key amendments to the CAP and BCAP Codes to align with the Digital Markets, Competition and Consumers Act 2024?
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Thinking - Snapshot
Snapshots Spring 2025
A roundup of key legal developments for the modern commercial lawyer.
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Thinking - Snapshot
Snapshots Winter 2024
A roundup of key legal developments for the modern commercial lawyer.
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Thinking - Snapshot
Travel agent found to have misled consumers with “from” price claims
How can advertisers avoid misleading consumers when using “from” price claims?
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Thinking - Snapshot
ASA 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?
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