The FCA’s Artificial Intelligence (“AI”) update [1] shows the FCA’s approach to ensure safe and responsible use of AI within UK financial markets. Firms which operate in the financial services sector and use AI in their business should evaluate and understand the FCA’s approach and guidelines to avoid negative consequences. Here are some of the key points from the FCA’s update and the implications for your business. AI Regulation There…
In the spirit of the season, we’re decking the halls with 12 unforgettable workplace mishaps of this year because who says the 12 Days of Christmas should only be about partridges and pear trees? 1. Age Discrimination: A windy workplace incident Lee Marsh, a manager at Birmingham City Council, was found guilty of age discrimination after an unusual incident involving a younger colleague. Marsh reportedly found it amusing to pass…
On divorce, how can you know what a fair financial settlement is going to look like? How much should you receive from your spouse or pay them? No formulas are available to give us a definitive answer; just a couple of key words being “fair” and “reasonable”. So, what will fair look like in your case, when fairness, sometimes likened to beauty, is in the eye of the beholder? In short,…
Deborah Cullingford, who worked as a bailiff in Leeds for over 10 years, brought a claim against the Ministry of Justice for disability discrimination and harassment after being prohibited from bringing her dog, Bella, to work. Cullingford adopted Bella in 2020, finding companionship in her during the Covid pandemic. She told the tribunal that Bella had been the reason she “did not end her life when she felt depressed and…
Ensure your wishes are known from the grave Halloween, the season of ghosts, ghouls, and things that go bump in the night, reminds us how the past can haunt the present. But there is a far scarier spectre than any creature in a costume – the nightmare of an unplanned or outdated estate! Without a proper Will, your loved ones could face confusion, disputes, and unintended consequences long after you…
In a world where visual identity can make or break a brand, the Marks and Spencer v Aldi case has brought design right infringement to the forefront of UK intellectual property law. This legal dispute revolves around allegations that Aldi copied Marks and Spencer’s premium gin packaging, specifically its distinctive “M&S Gin” bottles. The case highlights the critical importance of design rights in protecting unique product designs and maintaining brand…
Employee dismissal backfires: worker wins unfair dismissal claim against employer after being fired for insulting a customer. A recent Employment Tribunal case has drawn attention to the importance of correct disciplinary procedures, after a worker who was summarily dismissed for calling a customer a t*** wins nearly £5,500 for unfair dismissal (Ms M. Jones v Vale Curtains and Blinds). Background The Claimant, Ms Jones, worked as a part-time administrator at…
In September 2024, Taylor Swift and Travis Kelce marked their first anniversary, and rumours of marriage have intensified. It is reported that the couple has discussed needing a Prenuptial Agreement before getting engaged, with Swift’s net worth estimated at $1 billion and Kelce’s at $70 million. Though most of us don’t have billion-dollar fortunes, this situation highlights the importance of financial planning and clarity in relationships. You might still be…
Whilst listening to the radio on my way into work today I heard yet another advert about a company able to offer clients full estate planning and a Will for just £99. On getting into work, I decided to google the name of the company advertising this service. No where on their website does it state they offer this service for £99 but what it does state is that they…
Can a belief in English Nationalism be a protected belief? This issue was tested in the Employment Appeal Tribunal judgment in Thomas v. Surrey and Borders Partnership NHS Foundation Trust. Background Under the Equality Act 2010, it is unlawful to treat someone less favourably due to their religion or philosophical belief. In this case, Mr Thomas had been engaged through an employment agency to delivery consultancy services to an NHS…
Stephen Baker and Oliver Williams of our Dispute Resolution team explain how to protect your brand from trade mark infringement. Businesses with established brands are often targets for trade mark infringement. On the internet it is easy for infringers to try and pass themselves off as established brands. If another business is using your brand name or logo or a knock-off to hijack your customer base, you may have legal…
Restrictive covenants/post-termination restrictions play an essential role in protecting business interests such as confidential information and commercial connections. These protections are most commonly found in employment contracts and certain types of commercial agreements. When assessing the enforceability of post-termination restrictions in an employment contract, the starting point is that such restrictions will be considered void as a restraint of trade unless it can be shown that they go no further…
Divorce is an emotionally taxing experience, especially when financial abuse has played a role in the relationship. Financial abuse, which can be subtle and often goes unnoticed, involves one partner exerting control over the other’s financial resources. It is a pattern of behaviour. If you are currently going through a divorce or considering one, particularly if your partner has been controlling, it’s important to recognise the signs of financial abuse and…
There are many reasons why an employer may wish to change the terms of an employment contract. However, where the change is unfavourable to the employee, particularly in relation to pay or benefits, the employee in question might not give their consent to the proposals. If the issue cannot be solved by negotiation, an employer can terminate the existing contract and offer the employee a new one. This is a…
When an overseas entity is making the exciting decision to expand your business into the UK, one of the first decisions you will need to make is whether to establish a UK branch or incorporate a UK subsidiary company. Both structures will enable your company to trade from the UK, however there are some distinct differences to consider for regulations, compliance, and strategic business planning. There are also tax consequences,…
In the UK, there are two types of design rights: registered design rights and unregistered design rights and we have set out the key features and differences between the two below. Registered Design Right: What do we mean by “registered design right”? A registered design right is obtained by registering a design with the UK Intellectual Property Office (UKIPO). It grants the owner exclusive rights to use the design and…
As the sun begins to peak its way through the clouds, dreamers begin to consider the potential of investing in a holiday home. Investing in a holiday home can be a rewarding venture, offering both personal enjoyment and potential financial gain. However, amidst the excitement of acquiring a second property, forward planning is crucial, especially when considering tax implications for future disposal of the asset. Inheritance Tax It is important…
The Financial Services industry is no stranger to post termination restrictions or restrictive covenants. They are commonly used in order to protect business interests particularly when dealing with client facing roles such as independent financial advisers (IFAs) or insurance brokers. A common restriction, and often one of the most valuable to most businesses will be the “non-solicitation of clients” provision. The purposes of such a restriction is to prevent the…
The Employment Appeal Tribunal (EAT) has dismissed a discrimination claim from Seyi Omooba, a Christian actress, who was dismissed from her position as the lead role in a theatrical production of The Colour Purple, and dropped by her agency, over historical comments on social media regarding her belief that homosexuality was sinful. Her agents, Michael Garrett Associates, and the theatre were found to not have dismissed Ms Omooba from her…
Any relationship breakdown can be an emotionally and financially difficult time for families, especially when there are children involved. If you are looking to find the best way to resolve your disagreement or dispute without involving the Court, family mediation is a dignified and cost-effective way of reaching an agreement between parties. What is mediation? Family mediators are accustomed to dealing with any relationship breakdown, most often between divorcing or…
After being dismissed for eating a leftover sandwich, a cleaner is taking legal action against a London law firm, Devonshires Solicitors, alleging indirect race discrimination. Gabriela Rodriguez, an Ecuadorian national employed by Total Clean, was contracted to clean the law firm. The United Voices of the World union (UVW), advocating for migrant workers, has taken up her case, claiming that Ms Rodriguez’s termination stemmed from discriminatory motives. Background Ms Rodriguez…
The Employment (Allocation of Tips) Bill is set to come into force on 1 July 2024. The new legislation will place a legal obligation on employers to ensure that all tips, gratuity, and service charges are paid in full to workers, including eligible agency workers. This is expected to have a substantial impact on the income levels of approximately 2 million workers in the UK’s hospitality, leisure, and service sectors.…
Are the directors of the company you invested in failing to act in that company’s best interests? You may be able to protect that company’s best interests by bringing a derivative claim against them on behalf of that company, no matter how small your shareholding is in it. The laws of England & Wales consider private limited companies (Ltds) to have their own legal personality separate from that of their…
The UK financial services sector is a complex and highly regulated industry, meaning the sale of a business needs to adopt an appropriate structure with expert legal and tax advice to ensure a smooth and compliant transaction. We highlight below the key legal considerations that sellers of financial services businesses should be aware of to assist with their transaction. Regulatory considerations Where a financial services business is regulated by the…
What happens if you can’t contact a shareholder of your company? What does the disappearance of that shareholder mean for the operation of your company? Have the gears of your company ground to a halt as a result of the missing shareholder throwing a spanner in the works? Fear not, there are remedial actions and practical precautions that you can take to ensure the smooth operation of your company. Let’s…
Has a child ever asked you how Santa fits down the chimney? Has this ever made you wonder who would be liable if the chimney stack collapsed and your party wall was damaged in the process?! If so, continue reading this article for an overview on party walls and how to make sure your Christmas stays merry. A party wall is a wall shared by two adjoining properties. The Party…
Many clients contemplating divorce ask whether they will have to share a current or future inheritance. The answer is that it depends. Monies or assets inherited or gifted before or during a marriage, are not automatically excluded from the matrimonial pot. In other words, they are not automatically ring-fenced and may have to be shared when a couple divorce. Whether or not you will have to share your inheritance when…
The well-known Tennessee whiskey business, Jack Daniel’s, failed in its attempt to oppose a UK trade mark application for the mark “Jack & Victor”. The UK Intellectual Property Office (UKIPO) ruled in favour of Greg Hemphill and Ford Kiernan, the creators of the Jack & Victor brand, and said their trade mark application could proceed to registration. Facts Greg Hemphill and Ford Kiernan are directors of Jack & Victor Ltd…
What is an Intercreditor agreement? An Intercreditor agreement outlines the rights and obligations of multiple creditors when lending to the same borrower. These are often referred to interchangeably as Deeds of Priority, however, an intercreditor agreement tends to be a more complex document which does not merely order the priority of debt and distribute the proceeds upon a default of the borrower. Intercreditor agreements also include undertakings between the senior…
It’s that time of year when parents are required to make school place applications. Deciding on a school for your child can be a challenging task, and when parents cannot agree on this important decision, it can add additional complexity to an already delicate situation. When must school applications be made? If your child is due to start school in September 2024, or is in their last year of primary…
In a recent case against the high-end restaurant Tattu, based in Soho, London, the Employment Tribunal found that instructing female employees to wear makeup can constitute sexual harassment under the Equality Act 2010. In this particular case, Tattu’s deputy manager, Ms Joanne Huang told 24 year old waitress, Ms Jahnayde Henry that she looked ‘tired and unpresentable’ and suggested that she should wear makeup in the future. Sexual harassment is…
The Migration Advisory Committee (MAC) carried out a full review of the current shortage occupation list. What has the Migration Advisory Committee said? The committee is not convinced that the current shortage occupation list provides the answer to the UK’s labour shortages and has recommended that the shortage occupation (with a few exceptions) is abolished. The basis of this recommendation is that employers are using the route to pay migrants…
Contracts serve as the cornerstone of professional relationships, outlining obligations, responsibilities and expectations between the parties. For businesses operating under the Financial Conduct Authority (FCA), these contracts take on even greater significance, requiring a meticulously crafted framework to ensure compliance, security, and risk mitigation. Here, we delve into some of the legal protections FCA-regulated businesses should consider when entering into contracts with third parties. Regulatory compliance At the heart of…
When an individual dies, their assets (e.g., properties, bank accounts, investments, stocks and shares, valuable personal possessions) and their liabilities (e.g., credit cards, utility bills, personal loans, mortgages, Income Tax) are calculated as at the date they died. Altogether, the sum of these assets and liabilities is known as that individual’s ‘Estate’. If the individual had assets which were not in the UK at their death, such as overseas investments,…
A decision made by the Employment Tribunal has been recently reviewed where it was found that an NHS nurse with two disabled children was fairly dismissed. This was because of her refusal to comply with the introduction of flexible working patterns to her role. It has highlighted that a need for flexible working is not always to be applied too strictly and an employer’s needs as a whole must sometimes…
The case of Tyerman v NHS Digital is another recent case, which demonstrates the onus on employers to consider reasonable adjustments for job applicants. Mr Tyerman, who had been diagnosed with autism, received £20,000 from NHS Digital for their failure to make reasonable adjustments for him during the interview process, after he applied for a role in their cyber security department. NHS Digital argued that they should treat all applicants…
The ability to successfully deliver a profitable development project depends on getting the right funding arrangements in place. The decision on how to fund your project is one of the most significant challenges facing developers particularly in recent years as the market has reacted to the impact of the pandemic, Brexit, resource issues and rising costs and materials shortages. As always however, the underlying fundamentals of the UK housing market…
The Worker Protection (Amendment of Equality Act 2010) Bill proposed to make employers liable for harassment of their employees by third parties, including sexual harassment. However, the House of Lords recently amended the Bill to remove the proposed third party harassment provisions. Employers were concerned that they would be held wholly responsible by the courts over a third party’s conduct. The Lords’ amendment has therefore come as relief to employers;…
Whilst potentially considered a taboo subject in the past, there is now far more conversation about menopause and, with employment rates for women aged 50 – 64 increasing from 46.9% in 1992 to 66.3% in 2023, more women are experiencing menopause during their working lives than ever before. The recent Employment Tribunal case of Lynskey v Direct Line Insurance Services Ltd demonstrates that menopause symptoms can amount to a disability…
In a recent judgment, the Tribunal awarded a substantial £357,000 to a 22-year-old trainee Project Supervisor from the National Grid, for 26 acts of sexual harassment and 8 acts of victimisation at the hands of her manager, who was also her mentor. The sexual harassment continued over a period of 1 year, until she resigned. The award included, but was not limited to, £40,000 for injury to feelings, £10,000 for…