The Information Commissioner’s Office has issued a “Regulatory Action Policy” explaining how it will use its powers to enforce the Freedom of Information Act 2000 (FOIA), the Environmental Information Regulations 2004 (EIR) and their supporting codes of practice:
Introduction
In this month’s Review we look at a claim for substantial compensation arising from an employer’s failure to follow a contractual disciplinary procedure and a case dealing with the issue of whether an employee can complain of disability discrimination based on having a “perceived” disability.
We consider a sex discrimination claim brought by a man due to a woman being given inflated scores in a redundancy selection process where she was absent on maternity leave.
We also provide an update on the new Government’s intentions for employment law and report on the recently published Tribunal Annual Statistics for 2009/2010.
David Potter
0845 274 6819
david.potter@freethcartwright.co.uk
One of the last Acts of Parliament to be passed by the Labour Government was the Bribery Act 2010. It has recently been announced that implementation of the Act has been delayed to April 2011. When it is brought into force, the Act will repeal the common law offence of bribery as well as various statutory offences dating as far back as 1889. Although a relatively short piece of legislation by recent standards, it may have long reaching implications for businesses.
The Act creates four key offences: bribing another person, receiving a bribe, bribing a foreign public official, or (for commercial organisations) failing to prevent bribery.
This bulletin will give you an overview of the offences, the possible implications for your business, and what action you should consider taking.
New EU rules and Guidance on Distribution and Supply Arrangements Restrictions on Online Sales and more…
The new government has announced plans to “reform” (i.e. increase) CGT. An emergency budget has been scheduled for June 22nd (when there will be a major distraction in South Africa).
The full details won’t be known until then, but this is likely:
In this month’s review we look at recent cases relating to the right to legal representation
at disciplinary hearings and the preconditions that must be met in order for an employer
to fall under a duty to conduct a risk assessment for a pregnant worker. We also consider
two recent decisions concerning an employer’s right to refuse annual leave requests and
a surprising and controversial case in which an agency worker was found to have no
protection against discrimination.
Fiona Powell
0845 274 6812
fiona.powell@freethcartwright.co.uk
The Price of Compliance - The New Data Protection Fee RegimeProducer Responsibility (Packaging Waste) Regulations 2007 Ignore them at your peril (and possibly substantial cost)
Better known as the ‘Waste Packaging Regulations’, these are a reincarnation of those first introduced in 1997. It is therefore a matter of some considerable concern that there are apparently still a significant number of businesses (including food businesses) who are either ignorant of their existence, or who are failing to comply.
Protecting the goodwill in a franchise - prevention is better than cure
At the heart of a franchise is the goodwill generated by the brand. This is what the franchisor has spent time and money developing and seeks to protect, in particular by the use of posttermination or “restrictive” covenants to limit the activities of former franchisees once their franchise has ended. It’s crucial that these clauses are carefully drafted so that they are not too restrictive, which would render them unenforceable. A couple of recent cases have highlighted the key points to consider.
Lucie Wigham, Associate
0845 274 6812
lucie.wigham@freethcartwright.co.uk
