05/12/2011 An employee has won a constructive dismissal claim against her employer after seeing criticism of her leadership skills by her Chief Executive in an internal email sent to her by mistake.
05/12/2011 Recent inconsistent legal decisions over the holiday pay rights of workers on long-term sick leave mean that employers are still uncertain over their obligations.
05/12/2011 The Supreme Court has given guidance on when a court will apply a ‘commercial common sense’ test to interpret contract terms in a contractual dispute.
05/12/2011 A landlord’s letter notifying tenants that they must contribute to works carried out has been ruled ineffective by the court because it did not specifically state a figure for the costs of those works.
05/12/2011 The courts have given guidance on when unauthorised use of parts of a database by a third party amounts to extraction or reuse of a ‘substantial part’ of that database, which is an unlawful infringement of the database owner’s ‘database right’.
05/12/2011 The European Court of Justice has clarified how to identify an ‘informed user’ – the hypothetical user of a product whose impression of it compared to other products determines (among other things) whether it can be protected by registration as a registered design.
05/12/2011 Fashion giant Karen Millen has failed in its attempt to have a domain name transferred to it using the domain name Uniform Domain Name Dispute Resolution Policy (UDRP).
05/12/2011 A foreign employee has won a claim for unlawful deduction of pay against an employer who suspended her because he honestly, but mistakenly, believed that she was no longer entitled to work in the UK.
05/12/2011 Trustees and directors of small charities and voluntary bodies will welcome the publication of updated, free guidance on governance issues for their organisations.
05/12/2011 The Intellectual Property Office has published guidance to help businesses stop their staff infringing other people’s intellectual property rights – for example, by downloading unauthorised software – whether they do so for work or personal reasons.
05/12/2011 Carrying on a campaign about an Employment Tribunal dispute outside the court room – sometimes called a ‘campaign beyond the proceedings’ – can result in a costs award against the campaigner by the Tribunal, according to a recent Employment Appeal Tribunal decision.
05/12/2011 The Scottish courts have recently given guidance on the circumstances when a golfer and a golf club can be liable for injury caused to another player.
05/12/2011 The courts have recently given guidance on the circumstances when a rugby club can be liable for injury caused to a player during training.
05/12/2011 The Supreme Court has ruled that a £30,000 home brought by a co-habiting couple in equal shares, later worth £245,000, is now owned by them in 90:10 proportions as a result of their actions since the purchase.
28/10/2011 Restaurants, hotels and other employers whose staff are tipped by customers must now make sure that their longer-serving agency workers are entitled to their share when the tips are divided among the workforce.
28/10/2011 Employers should not dismiss employees for making derogatory comments about their work on Facebook or other networking sites without making sure the dismissal is reasonable in all the circumstances, following a recent Employment Tribunal (ET) decision.
28/10/2011 An employee who unreasonably refused an offer of alternative employment had not mitigated their losses as required by law, and was not entitled to any compensation for loss of earnings.
28/10/2011 A buyer of land has been given the right to get out of the contract after the seller failed to update his reply to one of the buyer’s pre-contact enquiries about planning issues, even though the contract contained a common clause saying he couldn’t.
28/10/2011 The European Court of Justice (ECJ) has ruled in part in favour of a Portsmouth pub landlady saying that contracts and laws stopping UK residents from using foreign decoders to access Premier League football matches are against EU law.
28/10/2011 The Charity Commission has published an update to its guidance on the application of the Equality Act exception, for charities whose objects would otherwise be discriminatory under the Act.
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