Legal Update: Data Protection - ICO’s Recent Enforcement Action

Over recent months the Information Commissioner’s Office (ICO) has issued a number of enforcement notices and fines to those companies that have acted in breach of Data Protection law.

Our commercial solicitor, Dan Dowen, gives an overview of recent actions taken by the ICO to combat such illegal behaviour.

June 2018

At the end of June, the ICO took enforcement action against two firms for making nuisance calls – Our Vault Limited and Horizon Windows Limited.  

Breach of Contract – Will a Long Notice Period Affirm the Contract?

Compensation

In the case of Brown & Anor v Neon Management Ltd & Anor, the High Court held that where an employee resigns but on notice of six months or more, this will affirm (i.e. deemed to have consented to the breach) the contract of employment unless there are further breaches of contract after the resignation.

A Quarter of UK Firms Have Been Hit By Customer Insolvency

Dispute

A quarter of UK companies say they’ve suffered a hit to their cash flow and longer-term finances because of the insolvency of a customer over the last six months.

The research by the insolvency and restructuring trade body, R3, found the financial impact of the insolvency of another business was described as “very negative” by one in ten UK companies (10%), and as “somewhat negative” by 16%.

Tricky Time Limits in the Employment Tribunal

Compensation

In the case of Miah v Axis Security Services Ltd, the Employment Appeal Tribunal (EAT) held that time limits are not automatically extended when the limitation period expires on a non-working day.

The Claimant, Mr Miah, brought a claim of unfair dismissal against his former employer. His claim was received by the Employment Tribunal on Monday 30th January 2017. However, the normal three month time limit expired on Sunday 29th January 2017.

My Health, Welfare and ‘The Incapacity Crisis’: Am I at Risk?

Probate and Wills

We are a society that is living longer; that much is clear. There are currently 12.8 million people above the age of 65 living in the UK. This figure is set to increase and it is predicted that in 2025, the UK will have 15.4 million over 65s.

As we are living longer, more of us will face medical conditions that will hinder, limit and may take away our capacity to make our own decisions.

Royal Mail Fined £50 million for Breaking Competition Law

Dan Dowen, commercial solicitor at Berry Smith, provides an update on today’s breaking news.

Royal Mail has been found to have breached competition law and, as a result, fined £50 million. Ofcom’s investigation concluded that Royal Mail was abusing its dominant position by discriminating against its only major competitor in delivering business letters.

The fine relates to Royal Mail’s actions in 2014 when Whistl, at the time known as TNT, was trying to become Royal Mail’s first competitor in wholesale mail delivery.

FSB calls on FTSE 100 firms to ease late payments crisis

Dispute

The Federation of Small Businesses (FSB) has called on the UK’s leading companies to address the issue of late payments.

FSB Chairman Mike Cherry sent a letter to the leaders of the FTSE 100 companies urging them to lead the way in eliminating late payments that can cause huge cash flow problems for smaller firms.

Mr Cherry said: “The poor payment practices that run rampant through UK supply chains is a national disgrace with the country falling behind almost all other industrialised nations in our ability to pay small businesses on time.

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