UK Knowledge Collection | Employment law reforms, the Unified Patent Court, and our Contract Law Update
Published on 12th May 2023
Welcome to this week's Knowledge Collection
The UK government has this week announced a number of reforms to employment law, including on working time regulations, TUPE (the Transfer of Undertaking (Protection of Employment) Regulations) and non-compete clauses. Consultations on the working time and TUPE proposals are expected this year.
Alongside the announcement of these reforms, the government announced a U-turn in its Retained EU Law (Revocation and Reform) Bill. It stated that it is amending the REUL Bill "to be clear which laws we intend to revoke at the end of this year." Our Insight considers the potential impact of the bill on business. Our compliance webinar considers the changes to the regulation of product safety in the EU and UK, including the direction of travel for the UK as it diverges from the EU regime.
A consultation (primarily aimed at commercial landlords, tenant businesses, community groups and local authorities) on the operation of proposed compulsory rental auctions of high street property in England closes on 23 June 2023. Our Insight considers the impact on investors and property owners of the proposed new powers for local authorities.
The Unified Patent Court goes live on 1 June, with 17 EU Member States participating in the system. It will result in substantial changes to the current process of granting and litigating patents in Europe which in turn affects businesses' Europe-wide strategies.
Our digitalisation week of events starts on 22 May, exploring a diverse set of topics including the environmental impact and sustainability of technology, the changing regulatory landscape for data, and contractual issues encountered in digital transformation projects.
In relation to contract law more generally, our popular contract law update webinar takes place next week, where we welcome barrister Helen Swaffield once more, and our Insight explores the issue of when a binding agreement is formed under English law following a case related to the grounding of the container ship "Ever Given" in 2021.
Insights
Employment Law Coffee Break
This week's edition examines the UK government's announcement to reform the Working Time Regulations, TUPE and non-compete clauses and also takes a look at new Acas advice for employers on managing stress.
How will the Retained EU Law Bill affect UK and international businesses?
The next stage in the legislative process of the Retained EU Law (Revocation and Reform) Bill, the House of Lords two-day report stage, is due on 15 and 17 May. It follows the government's announcement this week of significant amendments to the bill, including scrapping the "sunset clause".
Consultation on new powers for English local authorities for compulsory high street rental auctions closes next month
The Levelling Up and Regeneration Bill presented in May 2022 introduces powers for local authorities to step into the owner's shoes and hold a rental auction for certain unoccupied properties. The policy aims to reduce the rate of prolonged vacancy of shops and buildings as well as promote the regeneration of the high street.
Unified Patent Court offers new opportunities for effective enforcement of European patents
The new Unitary Patent will introduce a single patent right covering all EU Member States that have ratified the Unified Patent Court Agreement. Although the UPC aims to simplify and streamline European patent litigation, it will not cover all European markets and, therefore, parallel litigation will continue.
In UK commercial contracting, is nothing agreed until everything is agreed?
The High Court case Smit Salvage BV & Ors v Luster Maritime SA & Anr, which concerned the grounding of the container ship "Ever Given" and its blocking of the Suez Canal, raised questions over whether there was a binding agreement for salvage services. Best practice dictates that an agreement for the provision of services is signed before the work starts. But what if the agreement is still not signed after the provision of services has ended?
Events
Eating Compliance For Breakfast | Mental health and wellbeing in the workplace: why do you need a wellbeing strategy and how do you get there?
16 May | 09:00-09:30
The session will focus on the business case for an effective workplace wellbeing strategy including the legal, financial, and environmental, social and governance drivers for making sure that the management of workplace mental health risk is prioritised. It will also look at the practical steps for developing and implementing a wellbeing strategy, including positioning the business case with senior stakeholders.
Contract Law Update
16 May | 14:00-15:15
Helen Swaffield of Contract Law Chambers returns for our annual contract law update training session. Helen is a barrister with over 25 years' experience. The session will focus on developments in contract law over the past 12 months and is intended for in-house lawyers.
Eating Compliance For Breakfast | General Product Safety Regulation – developing and diverging regimes
18 May | 09:00-09:30
The webinar will cover developments in general product safety and compliance that will affect businesses selling in the UK and EU over the next 18 months. The discussion will look at EU regulatory overhauls that will have an impact at all stages of product supply chains, as well as the direction of travel for regulation in the UK.
Digitalisation Week | 22-26 May
AI: emerging legal risks and opportunities of everyday business use
22 May | 09:30-10:30
What are the legal risks and opportunities associated with enterprise applications of AI? We will consider generative AI usage, copyright ownership issues, bias and discrimination, changing contract terms, and the growing importance of "AI impact assessments".
Data: threats and opportunities in the evolving regulatory landscape
23 May | 09:30-10:30
This webinar will consider the evolving regulatory landscape for data, including global trends in data protection legislation, the EU Data Act and Data Governance Act, changes to the data economy, and how data issues can provide a strategic opportunity for legal teams.
Digital regulation: navigating the tidal wave of impending new laws | 24 May | 09:30-10:30
In this webinar we will provide an overview of the key digital regulation coming down the pipeline, increasing sector-specific digital regulation and co-operation between different regulators on digital issues. We will offer practical tips for readiness projects and explore whether a holistic approach to compliance is feasible.
Digital inclusion: the role of law and lawyers (in-person event)
24 May | 17:00-20:00
The panel discussion at our London office will focus on what digital inclusion is and why it matters, ways in which it can be driven by in-house legal teams, and how lawyers across different businesses can work together to make a difference. The discussion will continue with drinks and networking.
Digital transformation projects: topical contractual issues
25 May | 09:30-10:30
In this webinar we will discuss and explore a range of topical legal and market practice issues, from open source software inclusion to cyber risk management, to help in-house lawyers best support digital transformation projects within their businesses.
Sustainability: the legal impact of the environmental footprint of digital technologies
26 May | 09:30-10:30
This webinar will focus on new French and EU legislation aimed at reducing the carbon footprint of digital technology and provisions for sustainability in digital supply-chain contracts and offer insight into projects, product design, environmental data and due diligence.
Media and Entertainment Webinar Series | Sports
24 May | 10:00-11:00
Our experts will focus on three data-driven issues within the sporting field: player ownership of performance data and rights to commercialise; cyber risk to sporting bodies; and competitor risk in respect of player performance data.
