Insights & News

Clarification on application of Acas Code

01 August 2016

Two recent rulings of the Employment Appeal Tribunal (EAT) have clarified the application of the Acas Code of Practice on Disciplinary and Grievance Procedures, by confirming it does not apply to genuine ill-health dismissals or dismissals for “some other substantial reason” (SOSR) due to a breakdown in the working relationship.

Warning to all Principals - Software may be good...

26 July 2016

In recent years there has been much discussion on whether software is considered a "good" for the purpose of Commercial Agents (Council Directive) Regulations 1993 ("Regulations"). Broadly speaking, the Regulations apply to agents who sell or purchase goods (and not services) on behalf of their principal in the UK and provide such agents with extra contractual protections particularly on termination.

A teaser from Theresa - workers on company boards

25 July 2016

One of the early surprises of Theresa May’s premiership was her extraordinary pledge that employees should be represented on company boards.

Rio Olympic Act: a last minute hurdle for ambush marketers

22 July 2016

With the Rio Olympic Games just around the corner, there have been concerns about the country’s readiness to play host to the competition, its athletes and scores of fans. Issues around stadium safety and anti-doping policies have been at the forefront of the debate, but there has also been, until very recently, a distinct lack of clarity for brands and sponsors planning marketing activities in Brazil in the lead up to the Games.

Confirmation Statements - what you need to know in a nutshell

22 July 2016

From 30 June 2016, the Annual Return (or Companies House Form AR01) has been replaced by the Confirmation Statement (or Companies House Form CS01).

What would a Brexit mean for UK immigration law and policy

21 July 2016

The concept of transnational citizenship underpins the EU (Article 9 of the Treaty on European Union), and rights of free movement stem from transnational citizenship. The Immigration Act 1988 was introduced to ensure that Europeans with rights of free movement were not subject to UK immigration rules.

Suggested steps for EEA citizens living in the UK post Brexit

21 July 2016

Despite the UK’s decision of 23 June 2016 to withdraw from the EU, there will be no immediate changes to freedom of movement rights of EEA nationals in the UK. This right will only cease when the UK leaves the EU.

What are the legal implications of Brexit for Intellectual Property Rights?

21 July 2016

Will 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?

Brexit - what now for TUPE?

21 July 2016

Following 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.

Brexit: Implications for Commercial Contracts

21 July 2016

This note looks at some initial steps that businesses can take to identify and manage risk in existing and new contracts.

Brands using vloggers transformed from poachers to be gamekeepers by the FTC

15 July 2016

On Monday 11 July 2016, the United States’ Federal Trade Commission (FTC) published news of its draft settlement agreement with Warner Bros. in connection with their vlogging campaign for the launch of the video game “Middle Earth: Shadow of Mordor” in September 2014.

The impact of Brexit on Data Protection

14 July 2016

At the moment, it is impossible to say with any certainty how data protection legislation in the UK will be affected by Brexit. The General Data Protection Regulation (“GDPR”) is due to come into force in May 2018.

Are you ready for TfL’s new ban on advertising?

01 July 2016

It is unusual for a politician to fulfil an election pledge within the first 60 days of taking office. In fact, some politicians even refuse to take up office simply to avoid fulfilling an election pledge.

What happens now that the UK has voted to leave the EU

24 June 2016

The UK population voted to leave the European Union (“EU”) on 23 June 2016, but nothing will happen for employers and employees overnight.

Totally stoked for Tokyo: A skateboarders guide to the Olympics

23 June 2016

Recently skateboarding (along with surfing, sport-climbing, karate, and baseball/softball) were given the thumbs up from the International Olympic Committee. Subject to a formal vote taking place in Rio, all these sports look like they'll be included in the Tokyo 2020 Games.

Blurred lines: sampling, inspiration, pilferage and plagiarism

08 June 2016

We reported late last year on a dispute between rapper Rick Ross and dance-pop duo LMFAO over the use of a hook “everyday I’m hustlin’” / “everyday I’m shufflin’” (see here). Well, the arguments over what constitutes legitimate ‘borrowing’ from musical works continue.

Brexit and data protection - would it make a difference

07 June 2016

The UK’s data protection legislation is currently derived from the EU’s 1995 Data Protection Directive (95/46/EC). In May 2018, this will be replaced by the EU’s General Data Protection Regulation (GDPR) which will be directly applicable across the EU (together with a new Data Protection Directive for the police and criminal justice sector).

Privacy on parade – the circumscribed right to a private life

01 June 2016

A new ruling of the Employment Appeal Tribunal (EAT) raises important questions about when employees can have a reasonable expectation of privacy in respect of material on their personal devices.