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Case law: compensation for unfair dismissal not affected by supervening illness unrelated to work

 

Digital Agenda for Europe (2010-2020)

 

More residential landlords will have to register tenants' deposits from October

 

Standard terms for licensing of software ruled unfair and unenforceable

 

Businesses in Europe may be able to protect single letters or numbers as trade marks

 

Revised European rules for distributing products and services

 

Case law: 'without prejudice' material not admissible for interpreting settlement agreement

 

Case law: delay to disciplinary proceedings for criminal investigation can be justified

 

Case law: requirement for employee to hold degree was not age discrimination

 

Case law: swapping roles may be 'reasonable adjustment' for disabled worker

 

Case law: consequences of dismissal for employee may affect fairness

 

New coalition government sets out five-year plan for businesses

 

When your children can work

 

Owners beware liability for contamination seventeen years on

 

Decision helps landlords recover rent from companies in administration

 

Charities face new accounts rules

 

Decision gives guidance on 'use' of trade mark in the UK

 

Businesses ending contracts can lose money if they make wrong choices

 

Full vetting and barring scheme guidance issued

 

Increase in national minimum wage announced

 

Case law: statutory duty on company director to avoid conflict of interest

 

Case law: avoiding liability for potentially unlawful comments on a blog

 

Case law: delivery costs must not be charged to a consumer who withdraws from a distance contract

 

Case law: disciplinary proceedings can be concluded before holding a grievance appeal

 

Case law: recovery for injury to feelings in discrimination claims

 

Supreme Court grants "top-up" financial provision in England following foreign divorce

 

New Infrastructure Levy on developments

 

When a landlord may dispose of former tenant's property

 

Businesses with Community Trade Marks (CTMs) need to review their effectiveness

 

Court reminds businesses that extra damages can apply for breach of confidentiality agreement

 

Personal rights don't count when valuing employee's shares on sale

 

Employers preparing for overhaul of discrimination law

 

New guidance published on choice of law in European cross-border contracts

 

Revised CIPD guidance on dismissal

 

Case law: contract can exist even though not formally concluded by the parties

 

Case law: bogus job applications cannot give rise to age discrimination claims

 

Case law: employees on sick leave during holiday entitled to take lost leave at another time

 

Handling requests for time off to watch the World Cup

 

Acas publishes final Code of Practice on time off for TU activities

 

Courts' more sophisticated approach to costs can make decision whether to go to court more complex

 

Court of Appeal reverses High Court decision that exchange of emails created contract

 

Limited company charities and directors' conflicts

 

Trade mark invalidation hearings more costly and more important than before

 

Employer's change from one non-discriminatory policy to another is fine

 

New guidance on preventing workplace harassment and violence

 

Have your say: Codes of Practice and other guidance to support new Equality Act

 

Case law: employee loses holiday entitlement for failing to give required notice

 

Case law: employer can change pay conditions for employees without their express consent

 

Court clarifies when threats by an owner of intellectual property can lead to damages

 

Another reason for employers not to use the 'young' word

 

Guidance on employees' right to request time off for training

 

Case law: periods of impairment can be added together for disability discrimination purposes

 

Digital Britain

 

Review of default retirement age

 

Court of Appeal clarifies spouses' duties of disclosure

 

'Subject to contract' no longer effective once agreement reached

 

Court confirms copyright in software belongs to the author of the software, not the client who commissioned it, unless the author expressly transfers

 

Owner of land need not give details of obvious risks to visitors

 

Case confirms that damages against employers can include 'stigma loss'

 

Charity Commission publishes new constitutions for charities

 

New guide to tax incentives for charitable giving by businesses

 

New online service launched to help employers dealing with a serial litigant

 

New contract rules provide confidence for cross-border trade

 

Case law: individual clauses to be interpreted in the context of the overall document

 

Case law: dismissal for gross misconduct will be unlawful if employer does not act promptly

 

Court clarifies how it will treat factors affecting divorce awards

 

Zero carbon for new non-domestic buildings

 

Decision gives guidance for businesses who use a bank of workers

 

When complaints by outsiders can justify dismissal of an employee

 

Volunteers not protected by disability discrimination law

 

Test for harassment is strict

 

Court strikes out whole exclusion clause in contract, not just unreasonable parts

 

Landlord's explanatory letter to tenant amounts to misrepresentation

 

Guidance for employers on promoting mental well-being at work

 

Revised HSE guide for employers on tackling work-related stress

 

Case law: businesses may be liable for unauthorised use of images by their web agency

 

Case law: disability rights for 'associative' discrimination confirmed

 

Case law: use of 'length of service' pay schemes must be justified by employers

 

Have your say: retaining the default retirement age of 65 for employees

 

Court clarifies when threats by a patent owner can lead to court

 

Employers who make a part payment in unfair dismissal claims reduce exposure to uplift

 

Court orders document to be served as a Tweet

 

First aid at work scheme changes

 

Agent loses EU rights for contracting in own name

 

Guidance on measuring and reporting greenhouse gas emissions

 

New guidance on avoiding and resolving workplace disputes

 

New guidance for employers on flexible working

 

Case law: worker's status not necessarily determined by written agreement

 

Age discrimination in services

 

Joint account can cause inheritance tax problems

 

Employers attempts to mediate did not make subsequent dismissal unfair

 

Case law: Disclosure of invention to a person who does not appreciate what they are seeing is not public disclosure

 

Case law: EAT clarifies when payments are allowances

 

Employers at greater risk of unfair dismissal claims following business transfers

 

Updated guidance on employing children

 

Case law: compensation for loss of earnings following unfair dismissal

 

Case law: employees on sick leave during annual holiday entitled to take lost holiday at another time

 

Have your say: government strategy for ageing society, including changing 'default' retirement age

 

New personal data guardianship code published

 

Case law: non-disclosure of mental condition on pre-employment medical questionnaire was acceptable

 

Court upholds informal understanding between shareholders

 

Investigation may still be necessary even when employee admits gross misconduct

 

Whiter Shade of Pale case highlights need to clarify copyright rights

 

Have your say: detailed proposals now published for Community Infrastructure Levy for new developments

 

Round-up of new rules in force from 1 October 2009

 

Case law: emailed refusal to carry out contractual obligation can terminate contract

 

Case law: direct racial discrimination by employer cannot be justified

 

New vetting system for organisations working with children and vulnerable adults

 

Pre-nuptial agreement given 'decisive weight' by UK court in international divorce

 

Ex-spouse's claim for further lump sum on business sale fails

 

Circumstances in which court will order mother to be electronically tagged

 

Ticket competition where the winner gets a house may be illegal

 

Health and Safety Executive warns against poster scam

 

Tribunal gives guidance on when employee is entitled to compensatory award in unfair dismissal

 

Court of appeal clarifies when ex-employees can bring victimisation claims against former employers

 

New guide on employees' rights when their employer sells the business

 

Appeal court case gives landlords guidance on departing tenants' liabilities

 

Limited companies prepare for new rules on disclosure of directors' residential addresses

 

New case gives disabled employees fresh rights in unfair dismissal cases

 

Tenants who breach 'keep open' clauses in their lease can be liable for repairs years later

 

European Court of Justice clarifies what 'bad faith' means in trade mark disputes

 

Data protection fee to rocket for large organisations

 

'Sub-contractor' in unfair dismissal claim is an employee after all

 

Employee with illness that can vary held disabled for purposes of discrimination law

 

Male employees can 'piggyback' on female workers' equal pay claims

 

Review of substantive merger guidelines

 

Law Society warns: credit crunch means wills need reviewing

 

New Code of Practice on privacy notices

 

Guidance on the roles and responsibilities of non-executive directors

 

Have your say: new medical 'fit note' to replace current 'sick note'

 

Courts must always check whether contracts are unfair

 

Disciplinary procedures and redundancies

 

When a consultant or employee can use 'your' information for another client

 

An assignment of copyright can contain clause that lets you get it back on breach

 

Directors representing someone else must still put company first

 

Court clarifies when a UK patent can be revoked for being 'obvious'

 

Case law equal pay claim does not need to identify individual comparator

 

Case law substantial compensation for unfair dismissal of older worker

 

When using 'without prejudice' keeps correspondence confidential

 

Case law: guidance on 'normal day-to-day activities' for disability discrimination

 

Case law: equal pay compensation payable in respect of successive contracts

 

Case law: guidance on 'last straw' in constructive dismissal claims

 

Case law: overpayments to subcontractor may not be recoverable

 

Case law: dismissal for promoting religious beliefs is not religious discrimination

 

EHRC guidance on managing the downturn and preparing for recovery

 

HSE launches new website to help with stress at work

 

New guidance on managing your workforce in a recession

 

Case law: compensation paid to employees whose patented invention was 'of outstanding benefit'

 

Case law: policy of not accepting applications from non-EEA nationals is racial discrimination

 

HMRC's new 'compliance checks' regime

 

Nightshift working and breast cancer

 

Businesses rethink trade marks strategy as European fees look set to drop

 

Companies that withhold all contractual payments in a dispute face punitive interest

 

NICE issues guidance on managing long-term sickness and incapacity

 

Employer's age limit fails age discrimination test for lack of evidence

 

Records vital to recover damages for management time spent on disputes

 

Businesses should follow new rules in disputes or face penalties in court

 

Director's inactivity can be a breach of their duties to their company

 

Similar but independently designed elements of design do not infringe design rights

 

Disabled customer wins highest ever disability discrimination claim of its type against bank

 

Landlords and creditors of companies in administration beware pre-pack arrangements

 

Court confirms decision making it harder for employees to bring disability claims

 

Employer relying on disability discrimination exemption must fulfil all criteria

 

Carrying on can waive breach of contract even if contract says not

 

Information Commissioners Office publishes guide to help businesses identity personal data

 

Court rules discretionary employee benefits may not be discretionary at all

 

A new code for the protection of empty buildings

 

Court gives guidance on unfairly prejudicial behaviour by company directors

 

Landlords must make provision in lease to make intrusive inspection for contamination

 

EU Directive on Consumer Rights

 

Equality Act 2010

 

Increase in national minimum wage

 

Review of EU Working Time Directive

 

Tax Law Rewrite

 

UK Consumer Law Review

 

Protecting disabled people from indirect discrimination

 

Penalties for copyright infringement

 

Community Infrastructure Levy

 

Modernisation and consolidation of trade mark rules

 

Fast-track applications for patents

 

VAT on insurance and outsourcing services

 

Improving Payment Practices in the Construction Industry

 

Energy performance certificates

 

Protection of vulnerable agency workers

 
Solicitors Newsletter: Preston and Lancashire
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