legal updates & movers & shakers | ISSUE 182
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LEGAL UPDATES from the
HRDIRECTOR Editorial Panellist,
Makbool Javaid , partner, Simons Muirhead & Burton. They comprise employment law and diversity briefings, both of which provide the latest legal information affecting business.
In Gray v Mulberry Company (Design) Ltd, G refused to sign a Copyright Agreement, because she believed she should own all rights to her own creative work. She was dismissed. G claimed discrimination because of her belief in the statutory human or moral right to own the copyright and moral rights of her own creative works and output, except that produced on behalf of an employer. An ET held that her belief did not amount to a protected belief under S.10 of the Equality Act 2010 but in any event her dismissal was due to her failure to sign the Copyright Agreement and not because of her philosophical belief. The Court of Appeal agreed. What led to G’s refusal to sign the agreement and so to her dismissal was her concern or theory that the wording of the relevant clause, leaned too far in the direction of the employer or failed sufficiently to protect her own interest and this dispute about the wording or interpretation of an agreement could not be a protected philosophical belief.
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The Supreme Court’s decision Shanks v Unilever Plc and others will be of interest to employers using patent-related contract clauses. S invented a system for monitoring glucose, insulin or immunoglobulin levels in diabetics. The employer was granted various patents relating to the invention. S accepted that the rights to his inventions belonged to the employer. S applied for compensation under S.40 of the Patents Act 1977 arguing that the patents had been of outstanding benefit to the employer and he was entitled to a fair share of that benefit. Previous legal proceedings resulted in a finding that given the size and nature of the employer’s business, the patents’ benefits fell short of being outstanding, so there was no just reason for compensation. The SC disagreed. The employer had enjoyed substantial and significant rewards (£24m), which were generated at no significant risk and reflected a very high rate of return. S was entitled to £2m compensation.
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In Brooks v Nottingham University Hospitals NHS Trust, the Trust made a successful application for costs following the ET’s dismissal of B’s complaints of whistleblowing detriment. The ET concluded that B had presented a case which had no reasonable prospect of success in the light of the documentation and material available to him prior to the commencement of his proceedings and acted unreasonably in pursuing such a case over a very lengthy hearing. In making the Costs Order (Trust’s costs in the region of £170,000 to be assessed if not agreed) the ET took account of the fact that B took advice, there was no dishonesty on his part and his means. The EAT rejected B’s appeal. The ET had been entitled to find that B’s entire case was founded on his unreasonable conduct in distorting and embellishing evidence, his case was in large part misconceived and had no reasonable prospect of success. On the issue of having been ‘advised’, B failed to provide disclosure about the nature of that advice and in any event, professional advice will not necessarily insulate a Claimant against an award for costs since there may be many reasons for the advisers reaching a different view as to the prospects of success.
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MOVERS
This issue we report on some moving & shaking across a broad range of sectors.
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WENDY ASLETT & RACHEL CURRIE Joint Group HR Directors - BBC Group
BBC Group has announced that Wendy Aslett and Rachel Currie have jointly been appointed to the role of BBC Group HR Director. Wendy and Rachel have extensive experience in senior HR roles at the BBC. Previously, Wendy was HR Director for the Nations and Regions, while Rachel was HR Director for Content, Radio and Education. They will report into Group Managing Director, Bob Shennan.
BOBBY DAVIS Chief People Officer - Almarose Hotels & Resorts
Almarose Hotels & Resorts, has announced the appointment of Bobby Davis as its new Chief People Officer. Bobby brings 24 years of experience working in managerial, HR and organisational development roles, across a range of sectors including dentistry, housing and professional services. Her most recent posts include; Executive Director of Organisational Development at the General Dental Council.
NICOLA FERRABY Head of HR Operations - Fircroft
Fircroft has further strengthened its human resources team with the appointment of Nicola Ferraby as Head of HR Operations. This vital role supports the company vision in providing best in class workforce solutions to the global technical engineering industries. Nicola adds a breadth of multi-national experience gained across the retail, business services, wholesale, recruitment and engineering sectors.
SUE EVE Director of HR - IBB Solicitors
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6 | thehrdirector | DECEMBER 2019
IBB Solicitors which operates in West London, the Thames Valley and the Western Home Counties, has appointed Sue Eve as Director of HR, responsible for overseeing the development of the firm’s HR function, as well as a strategy for recruiting and retaining the talent to support IBB’s business objectives. Sue brings a wealth of experience to her new post, having previously held senior roles in leading UK law firms.
SHAKERS
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