News
Newsletter Issue 98
Data Protection: ICO blog: advice for organisations in relation to a possible no-deal Brexit
Employment: Dismissing an employee in receipt of long term disability benefits; Whether an independent professional expert was required on the disciplinary panel to address certain allegations of misconduct; The Good Work Plan outlines key changes to employment law rights
Governance: Companies House: incorporation applications to be checked for compliance with UN financial sanctions; BEISC Report recommends measures to address SME productivity; First Minister of Scotland’s Advisory Group on Human Rights Leadership publishes recommendations
Commercial: Student accommodation survey report highlights mental health
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Newsletter Issue 97
Data Protection: ICO guidance on passwords and encryption; ICO call for views on updating direct marketing code of practice;
Employment: Gender Representation on Public Boards (Scotland) Act 2018 (Commencement No1) Regulations 2018; European Court of Justice judgement on payments in lieu of annual leave on termination; Government response to Parental Bereavement Leave and Pay Consultation; Inquiry into Non-Disclosure Agreements
Commercial: Budget 2018: Capital allowances for structures and buildings; Contractual limitation periods of signing a document as a deed; the scope of an ‘entire agreement’ clause
Procurement: Equal treatment and previous participation;
FAQ: Employment: Do mistakes in a dismissal process impact affect the fairness of the dismissal, even if the employer believes that the dismissal was inevitable notwithstanding the procedural failings?
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GDPR: First ICO enforcement notice under GDPR and DPA 2018
On 20 September 2018 it was reported that the Information Commissioner's Office (ICO) had issued an enforcement notice dated 6 July 2018 to AggregateIQ Data Services Ltd (AIQ), using its powers under section 149 of the Data Protection Act 2018 (DPA 2018) for the first...
Employer vicariously liable for rogue employee’s data breach
Our December 2017 Newsletter reported in detail on the case of Various claimants v Wm Morrisons Supermarket PLC [2017] EWHC3113 (QB), in which the High Court considered the extent of an employer’s liability when a rogue employee deliberately disclosed his colleagues’...
Newsletter Issue 96
Employment: Employer vicariously liable for rogue employee’s data breach; Professor raises complex and multiple employment claims against university; Ambiguity in employee letter of notice; Employment tribunals and the construction of employment contracts
Equality: Supreme Court -Refusal to bake cake with message supporting gay marriage not discriminatory
Data protection: First ICO enforcement notice under GDPR and DPA 2018; ICO: data protection fee enforcement action
Governance: Government announces TEF plan on ‘grade inflation’
Charity: Changes to service for updating charity details
FAQ: Procurement – Can a contracting authority be party to a framework agreement, even though it did not sign the original agreement?
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Older News Items
Newsletter Issue 95
Governance: Disclosure of criminal allegation and acquittal in the context of an Enhanced Criminal Record Certificate;
Employment: TUPE – HMRC now applying NMW penalties to new employer; TUPE – ‘transfer of economic entity’ and ‘administrative reorganisation’; Menopause policies and employer support; Victimisation and bad faith;
Procurement: House of Commons Library briefing paper published;
Charity: Code of Fundraising Practice;
FAQ: Contracts – Do under-18s have capacity to enter into contracts? Read Full Article…
Charity: Code of Fundraising Practice
On 7 September 2018, the Fundraising Regulator announced a Consultation on the Fundraising Code. The consultation concentrates on the style, presentation, clarity and accessibility of the code. The code together with the rulebooks for street, door-to-door and private...
TUPE: ‘transfer of economic entity’ and ‘administrative reorganisation
The conjoined cases of (1) Mrs S Nicholls (2) Ms E Schwartz v (1) London Borough of Croydon (2) Ms J Hacker and Others: UKEAT/0003/18/RN and (1) Ms J Hacker and Others v (1) London Borough of Croydon (2) Mrs S Nicholls (3) Ms E Schwartz UKEAT/0004/18/RN provide legal...
Governance: October deadline for publication of plans under British Sign Language (Scotland) Act 2015
The British Sign Language (Scotland) Act 2015 (the ‘Act’) came into force in October 2015. The Act aims to promote the use and understanding of British Sign Language (BSL) through the use of ‘National Plans’ to be published by the Scottish Ministers, and ‘Authority...
Governance: UUK issues good practice briefing on student contracts
Universities UK (UUK) have published a briefing which aims to look at the development of student contracts and set out good practice recommendations. According to UUK, the briefing builds on the Competition and Markets Authority (CMA) consumer law advice for higher...
Employment: Pension and gender change certification requirements
The European Court of Justice (ECJ) has held that, in requiring a transgender person to annul their marriage, entered into before changing gender, in order to be entitled to a state retirement pension (SRP) at the statutory pensionable age provided for those of the...
IP/IT: UKIPO response to consultation on Trade Marks Directive 2015
The UK Intellectual Property Office (UKIPO) has published a response to its consultation on the implementation of the Trade Marks Directive 2015 (the Directive). The consultation sought views on proposed wording of the Trade Marks Regulations 2018 (the Regulations)....
Newsletter Issue 94
• Governance: UUK issues briefing on student contracts; Publication of plans under British Sign Language (Scotland) Act 2015; Parking (Code of Practice) Bill 2017-19; Terms of reference for review of Modern Slavery Act 2015
• Employment: EAT- employee on zero hours contract can be an agency worker
• Data protection: ICO calls for views on data sharing code of practice
• Charity: changes to automatic disqualification rules for England and Wales
• FAQ: Commercial agreements Can an electronic signature be used to sign formal legal contracts under the laws of England and Wales?
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Newsletter Issue 93
The issues we have covered in this edition include:
IP/IT: UKIPO response to consultation on Trade Marks Directive 2015
Data protection: European Parliament seeks to end EU-US Privacy Shield
Charity: IoF and Fundraising Regulator joint guidance on GDPR
Procurement: Light touch regime, transparency and moderation meetings
Commercial agreements: Early termination and force majeure
Equality: Supreme Court – pension and gender change certification requirements; GEO opens consultation on reform of the Gender Recognition Act 2004
FAQ: Governance: Is there any guidance on the new Package Travel regulations Read Full Article…
Employment: Whether certain self-employed persons were ‘workers’ with statutory rights
Pimlico Plumbers Ltd and another v Smith [2018] UKSC 29 is a Supreme Court case that was very widely reported in the media in June. It considered when individuals who are not employees engaged under a contract of service (and who are fully protected by employment...
IP/IT: Updated ICO guidance
The UK Information Commissioner's Office (ICO) has published the following guidance to help organisations comply with their relevant duties under the General Data Protection Regulation: Data Protection Impact Assessments: This replaces the previous code of practice on...
Scope of an ‘entire agreement’ clause
NF Football Investments Ltd and another v NFCC Group Holdings Ltd and another [2018] EWHC 1346 (Ch) concerned the acquisition by the claimant of the shares of Nottingham Football Club from the defendants. This judgment related to a claim for statutory...