Viewing: Legal Updates
BWB regular legal updates, newsletters and bulletins
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.
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.
An individual can be an employee, a worker, a volunteer or self-employed. This status will determine the rights and responsibilities that individuals and organisations owe each other in the working relationship.
In light of the increased remuneration and seniority it is common that executive service agreements will contain a significantly greater number of contractual terms than a standard contract of employment. William Garnett outlines the issues that will be of significant importance.
Disputes between directors, shareholders and business partners can raise a whole range of legal issues. William Garnett outlines the issues that may arise.
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.
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.
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”).
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.
Housing is one of the key challenges we face as a society – there is not enough, and what there is can often be unaffordable for those who need it.
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.