Viewing: Legal Updates
BWB regular legal updates, newsletters and bulletins
The employment relationship may end for a variety of reasons. Some terminations are highly contentious and the process may entail a period of intense negotiation.
Most employers wish to protect their confidential information, customer and client details or other information about their business, especially with departing employees. One of the ways to do this is for employers to insert clauses into contracts of employment, usually for senior employees or those with unfettered access to such information, which seek to restrict the conduct and activities of that individual after the termination of their employment.
There are a number of different types of partnerships recognised in English law, including Partnerships at will and Partnerships that fall under the Partnership Act 1890, but the most frequently created are Limited Liability Partnerships (“LLPs”).
Increasingly staff employed by entities in the UK work overseas. Where this happens, it is important to note that the statutory employment rules in the country where the employee works will be likely to apply and bind the UK based entity. These will often be different to those applicable in the UK and could be more onerous. Paul Seath outlines factors to consider when employing staff outside of the UK.
All employees must have a written contract of employment, which must contain certain minimum information. However, parties can (and should) carefully consider what other terms they want to include in their employment contracts. Whilst such terms are optional, they provide clarity and structure to the employment relationship.
Disputes between directors, shareholders and business partners can raise a whole range of legal issues. William Garnett outlines the issues that may arise.
A useful guide to dismissals, disciplinaries and capability, examining the relevant legislation, the duties of the employer, and the rights of the employee.
There are times when an organisation may need to undertake a reorganisation for the needs of the business or may need to reduce staffing levels.
The Working Time Regulations 1998 (“WTR”) provide some important rights for all workers in the UK (apart from the genuinely self-employed who are working on a business-client basis, and certain narrow categories of workers who are exempt from some provisions).
In this week's Briefing: The Charity Commission has published the final report of its safeguarding taskforce. The government has issued notices explaining the impact of a “no deal” Brexit on ownership, accounting and reporting of UK companies with an EU presence and EU companies with a presence in the UK. This week is charity fraud awareness week.
In this week's Briefing: The Local Government Association has issued a briefing covering the issues for local government associated with a Brexit "no deal" scenario. The Information Commissioner's Office has expanded its guidance on exemptions to the GDPR. The Prime Minister has launched the Government’s first loneliness strategy.
In this week's Briefing: A Manchester firm has been fined £150,000 by the Information Commissioner’s Office for making thousands of nuisance direct marketing phone calls. The government has announced a £240 million “social care investment” to ease NHS winter pressures. Five Youth Performance Partnerships are to be created in England to give young people greater access to the performing arts.
Bates Wells recently partnered with the Institute of Fundraising for its Legacy Fundraising Conference 2018. When I was asked to speak on the issue of contested wills, I wanted to celebrate the brilliant work done by charities and charity fundraisers, whilst providing practical guidance to avoid that work being undermined by the ever-increasing number of challenges to gifts left to charities by will.
When is a private body treated like a public body in the courts? KPMG not subject to a public law challenge for its role in a Barclays compensation scheme >
The Court of Appeal has recently upheld a High Court decision that KPMG should not be subject to public law challenge in relation to its role in a Barclays compensation scheme. The judgment provides important guidance on when private organisations may be susceptible to public law challenge.
It may have escaped your notice but there has recently been a bit of a hullabaloo surrounding the Rules of Membership of the Showmen’s Guild of Great Britain.