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Case law: Supreme Court confirms plumbing business generating and passing work to 'independent' third parties must treat them as workers

Businesses which generate and pass work to third party individuals to carry out on a 'self-employed' basis, should consider whether they may in fact be 'workers' under UK law and entitled to basic employment law rights, following a Supreme Court ruling.Read more

Posted on 29 June 2018 | 11:46 am

Case law: Unilateral pay cut by employer amounts to constructive dismissal of employee, even if there are good reasons for it

Employers cutting an employee's pay without their consent should note that they cannot justify breach of an express term of the employee's terms of employment, and breach of the implied duty to maintain mutual trust and confidence, by relying on reasonable or proper cause for it - as it automatically amounts to a constructive dismissal.Read more

Posted on 29 June 2018 | 11:44 am

New guidance: Government publishes new guidance on dress codes and discrimination

Employers will welcome new online guidance on dress codes and discrimination.

The government Equalities Office has published new, free online guidance, Dress codes and sex discrimination – what you need to know, to help employees avoid discrimination or harassment claims arising from their work dress codes.… Read more

Posted on 29 June 2018 | 11:43 am

Case law: Flat owner finds requirement to use it only as a private residence makes renting flat out on Airbnb unlawful

Owners or tenants considering renting their flat out on Airbnb (the website allowing individuals to advertise and rent out their home or other property on a short-term let) or similar sites should check this does not breach their leases, following a recent case.Read more

Posted on 29 June 2018 | 11:42 am

Case law: The context of an employee's comments or actions may mean they do not amount to harassment or discrimination

Employers dealing with allegations of harassment or direct discrimination against employees will welcome a ruling that employers can take into account the context of comments or actions which could otherwise be harassment or discrimination.

An employee, a Moroccan Muslim, had a workplace conversation with a colleague about an article putting forward positive views of Islamic State.… Read more

Posted on 29 June 2018 | 11:41 am

Case law: Employer's inaction over harassment by third party can mean employer is also guilty of harassment

An employer faced with unlawful harassment in the workplace by a third party - such as a customer or visitor - should consider whether they should take action as their failure to do so could mean the employer is also guilty of unlawful harassment, if their inaction is because of a 'protected characteristic' of the victim, a ruling makes clear.Read more

Posted on 29 June 2018 | 11:40 am

Case law: Case illustrates when a court can treat an asset owned by a company as belonging to a spouse in a divorce settlement

A spouse seeking to remove an asset to a remote location and put its ownership into the name of a company, raises the strong inference that they are trying to avoid the asset being taken into account in a divorce settlement.Read more

Posted on 29 June 2018 | 11:39 am

Case law: Residents' property management companies can be subject to disability discrimination rules requiring 'reasonable adjustments' for disabled tenants

Residents' property management companies and other service providers involved in property management should consider whether they need to make reasonable adjustments for disabled people, on an anticipatory basis, and avoid maintenance policies that indirectly discriminate against them - or risk a successful claim for disability discrimination.Read more

Posted on 29 June 2018 | 11:38 am

Case law: Business can trade mark colours as the main element of the mark, when applied to a shaped part of its products

Businesses whose goods can be distinguished from others by the application of a particular colour, combination of colours, or pattern to a specific part of those goods, and where the main element of the mark is that colour, combination of colours or pattern, should consider whether to register it as a position mark.Read more

Posted on 29 June 2018 | 11:37 am

Case law: Mere fact that trade mark 'evoked' the Prosecco Protected Designation of Origin was enough to infringe it

Businesses should avoid using trade marks, or applying to register them, if the commercial value of the mark lies in the fact that it evokes a Protected Designation of Origin (PDO), such as that enjoyed by Prosecco, so there is an association of ideas between the mark and the PDO - as that will be enough to infringe the rights in the PDO.Read more

Posted on 29 June 2018 | 11:36 am

Case law: Landlords may commit environmental offences if departing tenants leave unauthorised waste on site

Landlords should be aware that they and their officers may be guilty of environmental offences, for example, carrying on a waste operation without a permit, if a departing tenant leaves unauthorised waste on the site, and the landlord knows about it but does nothing to prevent it or deal with it - a ruling makes clear.Read more

Posted on 29 June 2018 | 11:35 am

Case law: Ambiguity in residential lease casts doubt on whether landlord's obligation to consult with tenants over major works applies

Residential landlords should ensure that when deciding on the term of a lease, they take into account any potential obligations to consult with tenants about major works that will be triggered if the lease exceeds 12 months, and ensure there is no ambiguity over whether the proposed lease is for 12 months or more, a recent case makes clear.Read more

Posted on 29 June 2018 | 11:33 am

Case law: Company successfully stops hackers who stole data and demanded a ransom to stop them publishing it

Businesses who have been hacked and had data stolen have access to remedies that can severely discourage and undermine the hackers if they threaten to publish it online, provided they act quickly, a recent case makes clear.

A company's servers were hacked and its data stolen.… Read more

Posted on 29 June 2018 | 11:32 am