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New Year’s resolutions for better IP (Brands & IP Newsnotes- issue 4)
08 February 2017Why stop at making personal resolutions for the New Year when you can make them for your IP too. The start of the year is an excellent time to consider your general IP strategy and even to introduce new practices that will make protecting, using and enforcing your IP that much easier in 2017.
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The year in employment law
08 January 2018The UK’s political landscape continues to be dominated by the shock 2016 referendum vote to leave the European Union. Following a surprise General Election in June 2017, Prime Minister Theresa May unexpectedly lost her parliamentary majority amid deep divisions about how the UK should “Brexit”. Against that backdrop, the Brexit negotiations between the UK and EU began in 2017 and will continue into 2018. This has meant that, as with many other areas, employment policy reform has taken something of a backseat. Nevertheless, employment law continues to change at pace.
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Employment law: The year in review 2018
14 February 2019Our annual review of employment law aims to review major statutory and case-law developments during 2018 and explore how employers can plan ahead for what’s coming this year and beyond.
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The Trade Secrets (Enforcement, etc) Regulations 2018, one year on
07 June 2019The UK implemented legislation on 9 June 2018 bringing into force the EU Trade Secrets Directive. This article looks at the impact this legislation has had in the employment context where a claim for misuse of confidential information may now also include a statutory claim for misuse of trade secrets.
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The year in employment law
08 January 2020What were the most significant employment law developments in 2019? And what can we expect this year under a newly elected Conservative government with a sizeable majority?
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The world of employment law: The year of pandemic, protest and politics
10 February 2021Early 2020 saw the start of the Coronavirus pandemic. It rapidly criss-crossed the world, killing thousands of people, overrunning healthcare systems, devastating businesses, closing schools, and presenting an unprecedented challenge for leaders.
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We’re all getting an extra day’s holiday this year - or are we?
20 January 2022Since the announcement of an extra bank holiday to celebrate the Queen’s Platinum Jubilee on 3 June, employees have been planning how to spend their bonus extra-long weekend. However, the legal position is not that straightforward. Some employees may find that they won’t be getting an extra day off at all.
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Prioritise the planet in 2023: New Year’s Climate Resolutions for HR
06 January 2023With every organisation having a key role to play in the collective corporate effort to reach net zero, now is a prime opportunity for HR to step up and take the lead. Here are some practical New Year’s Climate Resolutions that you can make to embed tackling climate change into your workplace culture and empower your workforce to take action.
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Holiday entitlement for workers with part-year or irregular working patterns: government consults on new approach
26 January 2023The government wants to legislate to make sure that holiday entitlement stays in proportion to time worked, correcting the problem identified in last year’s landmark holiday ruling in Harpur v Brazel. This is a positive step forward, although the government’s idea of using a lookback system (which has never been used before) may not work for everyone. This article takes a first look at what’s being proposed.
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Trade Mark Round Up - Red Bull vs. Monster Energy plus other UK and EU cases from May 2022 to the new year
13 March 2023The oft-quoted maxim that “your brand is the single most important investment you can make in your business.” is a widely accepted truism, yet many businesses fail to take the basic steps to preserve that investment.
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New year new standards: will regulated individuals in financial services need to be “paragons of virtue”?
12 December 2023The Financial Conduct Authority (“FCA”) and Prudential Regulation Authority (“PRA”) are looking to re-emphasise the regulators’ position that non-financial misconduct is misconduct for regulatory purposes. On the agenda by Lewis Silkin, we discuss the fitness and propriety and conduct rules requirements, as well as the forthcoming guidance ahead of the consultation closing date on 18 December.
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How does a leap year impact national minimum wage?
31 January 2024This is a leap year and, with 29 February falling on a Thursday, employers need to watch out for a possible breach of national minimum wage requirements.
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Supreme Court delivers key judgment on the availability of Wrotham Park “negotiating” damages
02 July 2018The Supreme Court has considered an important question in relation to damages. In what circumstances can damages for breach of contract be assessed by reference to the sum the claimant could hypothetically have received, known as Wrotham Park damages, in return for releasing the defendant from the obligation he had failed to perform?
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Two wrongs don’t make a right: Court of Appeal decides illegality is no defence to professional negligence claim
16 October 2018For public policy reasons, the Court of Appeal has held that the defence of illegality was not available to a firm of solicitors that failed to register a property transfer to a client involved in mortgage fraud. The court decided that there was no risk that enforcing the client’s negligence claim would undermine the integrity of the justice system and she was entitled to damages, in spite of the fraud.
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Court of Appeal holds employer liable for wrongful disclosure of personal data by ‘rogue’ employee
24 October 2018The supermarket chain Morrisons had an internal auditor who went rogue. Aggrieved at an internal disciplinary process, he disclosed payroll data on the internet relating to about 100,000 of his colleagues. He was tracked down, charged and sentenced to eight years in prison. But was Morrisons liable to the employees whose information he had leaked?
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IPO doesn’t see anything wrong with Specsavers’ trade mark (Brands & IP Newsnotes - issue 3)
23 October 2016Specsavers has managed to get its application to register “should’ve” (as in, “should’ve gone to Specsavers”) past the examination stage at the UK’s Intellectual Property Office (IPO).
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This is my advice. By the way, it might be wrong!
05 March 2018When do solicitors have to warn their client that the advice they are giving may turn out to be incorrect? The Court of Appeal has recently considered this issue.
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Protecting confidential information – what steps can a company take when information is disclosed to the wrong person?
05 August 2019The High Court has entered judgment in default in favour of the Advertising Standards Authority (ASA) in a claim brought to protect its confidential information and privileged material accidentally emailed by an employee to the wrong person. The Court had previously granted the ASA an interim injunction to prevent disclosure of the information by the recipient, pending a hearing of the claim. This case highlights steps employers can take to protect confidential information in these circumstances.
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Written statement of employment particulars – new rules from April 2020
29 January 2020Employers need to be providing new-form written statements of employment particulars (sometimes called section 1 statements) from April this year. This article summarises what is changing and what employers should do to prepare.
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Supreme Court upholds requirement to record variations in writing
24 May 2018Rock Advertising Limited v MWB Business Exchange Centres Limited is an important case. In fact, the opening paragraph of Lord Sumption’s judgment describes it as an “exceptional” appeal, raising “truly fundamental issues” of contract law.