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EMPLOYMENT DEPARTMENT – SUMMER BRIEFING – AUGUST 2019
Welcome to the Summer Employment Newsletter August 2019. In this edition we look at: Covert recordings of internal meetings Holiday pay: Can part-time workers be treated more favourably than full-time workers? Harassment “in the course of employment” If you would like to discuss any of the points raised, please get in…August 30, 2019 -
Reputation Update: High Court removes anonymity for transgender father
The High Court has granted an application to remove anonymity granted to the first transgender man in the UK to give birth to a child and attempt to be registered as the father. The application was made jointly by the Telegraph Media Group, Associated Newspapers, News Group Newspapers and Reach…August 22, 2019 -
Reputation Update: First ASA rulings on new prohibition on gender stereotyping
On 14 August 2019 the UK Advertising Standards Authority (ASA) published its first rulings recording breaches of advertising rules introduced in June 2019, which prohibit harmful gender stereotyping in advertisements. The first advertisement, for Philadelphia, depicted two new fathers with babies, with one of the babies shown in a car…August 16, 2019 -
Katy Perry’s “Dark Horse” falls at the final hurdle
On Monday 29 July 2019, a jury unanimously determined that Katy Perry’s song “Dark Horse” infringed the copyright of Marcus Gray’s Christian rap song “Joyful Noise”. Mr. Gray and his co-plaintiffs sued in 2014, claiming that “Dark Horse” reproduced the beat and instrumental line of “Joyful Noise” without their authorisation…August 5, 2019 -
Reputation Update: Reporting restrictions in the Employment Tribunal
A recent case has confirmed that the Employment Tribunal has jurisdiction to make a restricted reporting order beyond the date that judgment is handed down. In A & B v X & Y & Times Newspapers Limited, Times Newspapers applied to set aside a restricted reporting order made by the…July 26, 2019 -
ICO issues statements of intent to fine BA and Marriott
British Airways – 8 July BA is set to receive the largest fine ever imposed by the Information Commissioner’s Office. The ICO released a statement on 8 July of its intention to fine BA £183.39 million for infringements of the General Data Protection Regulation. The fine, which chairman and chief…July 23, 2019 -
Bull v Desporte – no public interest in a “kiss and tell”
Donna Desporte wrote a book about her relationship with a lottery winner, Gareth Bull, and the High Court found that further publication would be a misuse of private information. The book revealed private information, including details of their sexual relationship, his relationship with his former wife, his children and his physical health. …July 23, 2019 -
Reputation Update: Sir Cliff Richard launches Petition seeking anonymity before charge
On 1 July 2019 Sir Cliff Richard (a longstanding Simkins client) helped launch a Petition seeking anonymity for those accused of sexual offences until charge. It is important to note that the Petition, which is available online (click here), includes a carve-out allowing for the lifting of anonymity in exceptional…July 4, 2019 -
Wolves logo – wandering origin story doubted by High Court
An amateur designer, Peter Davies, has claimed copyright infringement against Wolverhampton Wanderers FC, alleging that a design he entered into a competition in the early 1960s was copied by Ian Jackson, who designed a new logo for the club in 1979, and then by Jonathan Russell, who redesigned the Wolves logo in…July 3, 2019 -
Reputation update: Supreme Court clarifies “serious harm” test in landmark Defamation Act judgment
The long-awaited judgment of the Supreme Court in Lachaux v Independent Print Ltd & Another [2019] UKSC 27 was handed down on 12 June 2019. The Supreme Court rejected the media defendants’ appeal (albeit for different reasons to the Court of Appeal). The focus of both appeals was the meaning…June 17, 2019