In-house news vlog: October 2017

In-house news vlog: October 2017

In-house news vlog – October 2017

Our October news vlog, in association with Radius Law, provides a monthly round-up of key news and trend stories for in-house lawyers.

Special feature: LexisPSL Risk & Compliance - GPDR Planner (Phase 3)
This month we provide you with Phase 3 of our GDPR planner taken from our LexisPSL Risk & Compliance module. Phase 3 offers guidance on the changes you need to implement before the end of 2017 to help you prepare your business data compliance processes for the General Data Protection Regulation (GDPR), which comes into force on the 25th of May 2018.

We feature 10 stories this month. All are available for you to watch, read or listen using the links below.

Subscribers to LexisPSL can delve into all these and access further related reading in our NewsIN document.

Non-subscribers can request a free trial here.

WATCH
Watch

DOWNLOAD
Read

LISTEN
Listen

GDPR PLANNER
Download

 

Stories include:

Corporate & Commercial:

  • Corporate Governance The Government’s response to the BEIS Green Paper on Corporate Governance has been published. It’s anticipated that legislation will be implemented by mid-2018 to implement these changes.
  • A proper consideration by the Board? The recent Watson v Watchfinder case where the parties entered into a Share Option Agreement that included a general term that the Option may only be exercised with the consent of the majority of the board of Watchfinder. The Share Option was refused on the basis that Board consent had not been obtained.
  • Limitation of liability A preliminary hearing for the recent Royal Devon and Exeter NHS Foundation Trust v Atos IT Services UK case for the deployment of an IT system has deemed the claim can proceed for the wasted expenditure on implementing the system.
  • The words of a contract mean what they say The Supreme Court ruled against the contractor in the recent case where E.ON engaged a contractor to design and build 60 wind turbines. Faults were found on installation that had to be rectified at a cost of €26.25m. The issues were largely due to a failure in a standard design code that E.ON had specified for use.

Data Security:

  • Monitoring employees A recent European Court of Human Rights (ECHR) case has clarified that before an employer monitors the emails of employees it must have clear monitoring policies in place and consider alternative less intrusive methods first.

Employment:

  • Equal Pay Claim The Employment Appeal Tribunal held that the pay for workers in ASDA stores and ASDA’s distribution centres should be comparable.
  • Suspensions to be considered carefully The High Court has reminded employers that suspension may be a breach of the implied duty of mutual trust and confidence – entitling an employee to claim constructive unfair dismissal.
  • Tribunal Fees Tribunal Fees Order 2013 had been declared unlawful and until any new fees regime has been implemented, employment tribunal claims are free.

Competition:

  • On-line sales The CMA has fined Ping Europe Ltd £1.45m for breaching competition law by prohibiting two of its retailers from selling golf clubs on their websites.

Bribery & Corruption:

  • Modern Slavery Act The Modern Slavery Act 2015 requires large businesses to produce a yearly statement outlining the actions they have taken to combat slavery in their supply chains yet it has been reported that one in three businesses are flouting the law.

 

Related Articles:
Latest Articles:
About the author:
Iain founded Radius Law in September 2013 which has been designed to meet the exacting standards that Iain had of his law firms during his time as an in-house counsel.

 

Iain’s in-house career spans 14 years with the 7 years from 2006 to 2013 being the General Counsel and Chief Compliance officer for the Mercedes-Benz UK Group. In this role he led a team of 18 staff.
Iain has previously been recognised in the Financial Times Innovative Lawyers report as a thought leader in legal management. He has spoken regularly and had published articles particularly on how to measure legal value.

Aside from legal management, Iain has significant expertise in regulatory work, particularly competition law and anti-bribery. Iain has led the implementation of large scale compliance programmes and also managed regulatory investigations.

Outside of the day job Iain has a passion for community projects and has been a non-executive director of a housing association and also established a debt advice centre. This social conscious approach continues in Radius Law with a bold commitment to pay 10% of profits to charity.