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New protections for workers on zero-hours contracts
17 November 2015Earlier this year, we reported on the Government’s ban on the use of exclusivity clauses in “zero-hours contracts”. The ban, which came into force in May, renders unenforceable a contractual provision which prohibits an individual working under a zero-hours contract from working elsewhere. The Government has recently proposed new legislation designed to add teeth to the ban, giving employees and workers the right to bring a tribunal claim if they are penalised for working elsewhere.
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No duty of loyalty owed by directors to shareholders
26 November 2015On 12 November 2015, in Sharp & Others v Blank & Others [2015] EWHC 3220 (Ch), Mr Justice Nugee handed down his latest judgment in litigation between the directors and shareholders of Lloyds Bank. His decision is of interest to directors and shareholders alike. It re-affirms the scope of duties owed by directors to shareholders, as well as the approach to be adopted when assessing them.
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Company directors could face prosecution if they break redundancy rules
12 January 2016Michael Burd and James Davies discuss the risk associated with employers who flout redundancy procedures.
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Court of Appeal has no appetite for salami slicing
25 January 2016Without prejudice privilege is founded upon public policy. It serves to encourage litigants to settle their differences. Its effect is to exclude all negotiations genuinely aimed at settlement (whether oral or in writing) from being referred to at trial. Solicitors will often head negotiating correspondence “without prejudice” yet protection is not dependent upon use of the label. It is often misused and arises automatically in appropriate circumstances. So what happens when no label is used and attendees of a meeting later disagree as to its status?
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Trade Mark Watch Services
21 February 2016There is a temptation for trade mark owners to breathe a sigh of relief as they eventually file their trade mark applications. It is often the culmination of months of work searching for any prior rights and perhaps investigating, negotiating, cancelling or acquiring such rights. It is an end, but only to the beginning of a brand’s lifecycle. Once the application is filed, this is when the brand protection programme begins in earnest.
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Pheasant sick as a parrot
21 March 2016Today, 21 March 2016, HHJ Pelling handed down his judgment in relation to the account of profits element of the long-running dispute between Jack Wills and House of Fraser over the use of a logo consisting of a pigeon with a top-hat and bow-tie on some of its own-brand “Linea” products. The logo was found by Mr Justice Arnold to infringe Jack Wills’ rights in its “Mr. Wills” pheasant with a top-hat and a cane.
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A letter from the Pearl of the Orient
11 July 2016Hong Kong's labour market has traditionally been lightly regulated, but what is the current direction of travel?
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No more long work hours for millennial lawyers
05 October 2016James Davies has commented in an article for The Financial Times which discusses how working round the clock for high pay is not what motivates young lawyers today.
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Shared parental leave and sex discrimination
06 October 2016The first case about the amounts paid to men and women on shared parental leave has been decided by an Employment Tribunal in Glasgow.
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Key employment law issues for sports organisations
09 October 2016This update highlights a few recent developments in employment law with particular relevance for professional sports organisations.
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Court of Appeal confirms holiday pay should include results-based commission
09 October 2016The Court of Appeal has given judgment in the ongoing holiday pay case of British Gas Trading Ltd v Lock and another, which raises the question of whether and how a salesman’s commission should be taken into account when calculating his holiday pay.
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Redundancies and restructuring
01 November 2016Without meaning to sound too gloomy, the prospect of Brexit and its effect on the economy is likely to lead to an increase in redundancies and restructuring for some employers.
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The only constant changes to the UK Immigration Rules
08 November 2016Sponsored Migrants - the Tier 2 Skills Transfer subcategory will close on 24 November 2016.
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Video commerce the next frontier for retailers
08 November 2016Retailers are increasingly becoming broadcasters and looking to sell their goods via shoppable videos and other platforms.
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Is the recent Uber ruling on workers basic rights a game changer
10 November 2016James Storke has written a piece for 'Silicon Roundabout'.
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Sales and Brexit Protecting against uncertainty in uncertain times
14 November 2016David Willbe has a written a piece for 'Bluebox'.
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Global compliance in a culturally complex world
15 November 2016A recent report published by Control Risks titled ‘International Business Attitudes to Corruption’ succinctly highlighted some of the extreme challenges faced by Compliance Officers within global organisations.
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James Storke on Mental Health issues in the Advertising Sector
15 November 2016Statistics show that mental health problems are becoming particularly prevalent in the advertising industry
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Protect against Defamation and Privacy actions
15 November 2016The law of defamation and also the law of privacy is at a watershed. Since the beginning of 2010 the media have stepped up their campaign for a change in our laws, for more flexibility and a greater ability for freedom of expression to be paramount. This has been much more evident since the Human Rights Act 1998 incorporated the European Convention of Human Rights. This inbrief is intended to show how best to try and avoid a letter before action and a claim, when legal advice is appropriate and what to do when you get a complaint.
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An introduction to trade marks in the UK
17 November 2016A trade mark registration provides the most effective form of protection against improper use of a business name, brand, logo or slogan by a competitor.