In-house news vlog: contract variation, privacy notices and British Gas v Lock – November 2016

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It’s November already and autumn has arrived with a bang. Need to get up-to-date in a flash? Let our monthly news vlog add some fire to your work. The bright sparks at LexisNexis and Radius Law have pulled together all the latest developments for in-house lawyers, helping you save time (ooo!) and get back to focusing on the business (ahh!).

Here’s what’s covered this month:

Corporate & Commercial – tune in from 0:20

  • The PSC Register regime is set to change again to meet the requirements of the Fourth Anti-Money Laundering Directive (4MLD).
  • Barker v Baxendale-Walker Solicitors has provided helpful explanation on the limitations of a professional’s duty to advise.
  • ZVI Construction v The University of Notre Dame has reinforced recent decisions on where, despite express anti-variation clauses, contracts have been varied by conduct or verbally.

Data Security – tune in from 3:20

  • The Information Commissioner’s Office (ICO) has issued a new code of practice for privacy notices to help businesses comply with existing data protection laws and the General Data Protection Regulation.

Advertising & Marketing – tune in from 4:04

  • The ASA has published guidance on the issues of offence and bad taste in advertisements.

Employment – tune in from 4:40

  • The long-awaited Court of Appeal judgment in British Gas v Lock has finally been given. This has been the lead case concerning whether employees are entitled to average commission during holiday periods.
  • In The Salvation Army Trustee Company v Bahi, the EAT has determined that despite differences in services provided after a transfer, TUPE still applied.
  • An employment tribunal has ruled that lower paid women working in Asda stores can compare themselves to higher paid men who work in Asda’s distribution centres.
  • Two cabin crew members have successfully argued that EasyJet’s failure to limit their duty days to allow them to express milk, or to offer them ground duties whilst they continued to breastfeed, was indirect sex discrimination.
  • In Snell v Network Rail, a father was awarded £30,000 for sex discrimination after only being offered statutory pay during shared parental leave while mothers were given full pay for the first 26 weeks.

Intellectual Property – tune in from 8:34

  • Operators of online market places have obligations to prevent sellers using their service from infringing third party IP rights. The Court of Justice of the European Union (CJEU) in Tommy Hilfiger v Delta Center has extended this principle to offline market places.
  • Specsavers has successfully registered Should’ve and Shouldve as trademarks. It is highly unusual for a company to successfully register generic words.

Bribery & Corruption – tune in from 10:10

  • In response to section 7 of the Bribery Act 2010, ISO is producing a new standard – the ISO 37001, Anti-bribery management systems. The draft can be viewed on the ISO website.

Financial Services – tune in from 11:20

  • The Financial Conduct Authority (FCA) has launched its Smarter Consumer Communications initiative. The Feedback Statement sets out the FCA's plans.


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