A case in the Employment Appeal Tribunal (EAT) highlights the importance for employers of carefully considering whether an employee’s failure at work is misconduct or a lack of capability matter, before taking any formal action against them that could lead to their dismissal.

This checklist sets out the steps your business should follow when you are considering dismissing an employee.

The Court of Appeal has confirmed that an employer’s unambiguous notice of
termination can rarely be withdrawn. An employee will be able to take the
notice at face value, unless the employer can show that it did not intend to
terminate the contract. The decision highlights the serious consequences for
employers of proceeding on the basis of a misunderstanding with employees.

This briefing provides a timely reminder for employers wishing to dismiss an employee.

Businesses may be interested in a number of recently-launched intellectual property (IP) initiatives. The government has announced that it will be introducing a new small-claims service for IP cases in the Patents County Court. The new process will limit fixed costs and allow damages of up to £5,000 for each case. The Intellectual Property Office (IPO) estimates that around 150 firms will benefit from the service every year.

This checklist highlights the key IP rights businesses need to be aware of.

A company had appointed a contractor to carry out works to a listed Victorian manor house. The parties could not agree the sum due to the contractor and the parties each commenced proceedings. Following an exchange of written settlement offers between the parties’ solicitors, the parties’ managing directors spoke by telephone to try to settle the dispute. After the conversation, the contractor asserted that the parties had reached a binding settlement, but the company denied this. The court ruled that, as a result of the conversation, the parties had orally agreed that the company would pay the contractor £275,000 in full and final settlement.

This checklist highlights the factors a business should consider when it is thinking of settling a commercial dispute.

The Court of Appeal has confirmed that it is easier for claimants to succeed with detriment claims than automatically unfair dismissal claims under whistleblowing legislation. A “detriment” is a disadvantage an employee has suffered because they have “blown the whistle” (for example, being over looked for a promotion or disciplined). This case highlights the importance of having a whistleblowing policy in place and of providing information and training to managers on how to recognise, and properly deal with, a whistleblowing situation.

This checklist outlines the protection given to whistleblowers at work under English law.

Manufacturers are under no obligation to offer a guarantee for goods. However, if a business does offer one, this will create a legally binding contract between the business and the consumer. A business may want to offer a guarantee because it promotes the product, sets it apart from similar competitor products in the marketplace, helps establish the business as a reputable and reliable manufacturer.

This checklist sets out the legal obligations your business owes to a consumer if you offer a manufacturer’s guarantee with your goods.

The Chancellor made his Autumn Statement on 29 November 2011. This summary
highlights its key implications for small and medium-sized enterprises.

This legal update highlights the various salary sacrifice arrangements that can be used by a business and the impact of the new VAT rules
on themas HM Revenue & Customs (HMRC) has confirmed that, from 1 January 2012, businesses must account for VAT on the supply of VATable benefits provided to employees under salary sacrifice arrangements.

This checklist will help your business understand how to respond to a request for access to personal information held in a complaint file.

This checklist sets out the key issues your business should consider before providing a reference for an employee or former employee.

Nearly all businesses will need to pursue an unpaid invoice at some time.

This checklist highlights the advantages and disadvantages of the main options available to your business when trying to recover a fairly modest trade debt.

Business owners contemplating buying another business or enterprise need to be aware of the legal risks that can arise during an acquisition.

This checklist provides a summary of the key issues you need to consider if you are buying another business or enterprise. 
 

This legal update highlights the key data protection issues your business should consider when carrying out direct marketing. It explains
how your business should collect information about your customers (including individual customers, named individuals within a business and businesses themselves) and how to communicate information about your products and services to existing and potential customers.