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Latest Legal News
A trade mark word may be merely descriptive in one country but distinctive in another
A proposed trade mark could not be registered as a European Community Trade Mark in Spain because it contained a word that was distinctive in Spanish, although not in English. It was, therefore, too similar to another earlier Spanish mark. A company objected to the proposed registration of the mark 'Bimbo Doughnuts' on grounds it was too similar to an earlier Spanish registered mark, 'Doghnuts' (sic)...
Employee's comments on Facebook did not bring employer into disrepute
An employee who posted moderate, respectful comments about gay marriage on his personal Facebook profile neither brought his employer into disrepute nor acted in a way likely to offend colleagues or customers, the High Court has ruled. A manager commented on Facebook that he thought gay marriage was equality gone too far...
UK test for fair dismissal satisfies Article 8 human rights test
The UK test of whether a dismissal was within the band of reasonable responses is sufficiently flexible to hold good ' even when Article 8 of the European Convention on Human Rights (ECHR) applies, the Court of Appeal has ruled. A train conductor was dismissed following allegations of dishonesty over issuing tickets...
Landlord must give full information about shorthold tenant's deposit or lose right to forfeit it
A landlord who paid a shorthold tenant's deposit into an approved scheme, but failed to give all legally required information about the scheme, lost the right to forfeit it and was fined three times the amount of the deposit ' despite the tenant's non-payment of rent...
Equal pay claims time-barred in Tribunal can be brought in civil courts
Employees who have brought equal pay claims out of time in the Employment Tribunal (ET) can bring them in the civil courts as breach of contract claims. In a recent ruling, the Supreme Court held that the courts' power to strike out claims on grounds they could be 'more conveniently dealt with' by a tribunal does not apply in that circumstance...
Consultation before redundancy not always required
An employer does not need to consult with an employee before making him redundant if it would be 'futile' to do so, according to a ruling of the Employment Appeal Tribunal (EAT). A senior manager was made redundant after a more experienced and better-qualified employee was recruited to fill a new and more senior role which included part of the senior manager's job...
Businesses altering copyright works belonging to others risk 'derogatory treatment' legal claims
A business breached a photographer's moral rights by altering a copyrighted photograph she had licensed it to use, in a way that the court found amounted to 'derogatory treatment'. A photographer took a photo of a model wearing the clothes of a client business, and licensed the business to use the photo for certain purposes...
New vehicle for England & Wales charities now promised for early 2013
Charities in England & Wales will welcome the Government's intended introduction date of early 2013 for the new Charitable Incorporated Organisation (CIO) following a number of delays. CIOs are special corporate entities tailor-made for carrying on charitable activities. Previously most charities in England & Wales were formed as trusts, companies limited by guarantee, unincorporated associations or Industrial and Provident Societies...
Court will look at whole situation when considering enforceability of restrictions on ex-employee
Employers should consider whether other factors are consistent with any 'legitimate business interests' they claim to be protecting through non-compete clauses and other restrictions on a particular employee. Otherwise, they risk the non-compete clause being found unenforceable, the High Court has ruled...
Employee bound by restrictions in unsigned employment contract
An employee was bound by non-compete clauses in a new employment contract he had not signed, because he claimed benefits which were solely referable to that contract, the High Court has ruled. An employee had signed a contract of employment while still a junior employee at the company...
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- Businesses beware as court implies duty of good faith into commercial contract >
- Employers should avoid discussing an employee's age and retirement unless circumstances justify it >
- Promises made during negotiations but not in final contract can still be enforceable >
- Residential landlord recovers majority of costs despite failure to consult over works >
- Guidance given on when employees can use secret recordings in employment claims >
- Employer can use using recruitment criteria when selecting for redundancy >
- Different policies can be applied to different employees to avoid discrimination >
- Have your say: restrictions on company and trading names >
- Businesses should check they comply with discrimination laws on access to their goods and services >
- Implied agency means sub-licence can survive termination of head licence >
- More Latest Legal News >