Retail Line – Black Friday 2019

Welcome to the Black Friday 2019 edition of Retail Line

Black Friday is now a firm date in the UK retail calendar with consumers anticipating promotions online, in-store, in restaurants and throughout the retail and leisure sectors. With sales still slow, a pre-Christmas election and New Year Brexit ahead, many in the sector see a four day shopping weekend as an economic necessity to be encouraged at this point in the Golden Quarter.

In this edition of Retail Line our employment law experts review an important Court of Appeal decision for employers hiring agency workers over the busy trading period. With more Black Friday sales taking place online, we look at new guidance on the use of Cookies and our IP experts consider the Advocate General’s recent opinion on the registration of broad terms such as “computer
software”.

Our litigation experts look at how a tied pub tenant successfully challenged the terms of a stocking requirement; and the lessons to be learned from the failed claim of a fast food franchise. Finally, for business owners concerned about losing key staff or their own incapacity, we suggest three areas where succession planning can ensure the continued smooth management of the business.

From everyone in the retail and leisure sector at Clarke Willmott we wish you a successful Black Friday and prosperous Christmas trading season.

In this edition:

Are agency workers entitled to the same number of hours as employees?

The Court of Appeal finds that an agency worker’s right to equal treatment after 12 weeks does not include an entitlement to the same number of contractual hours as a direct recruit. Read more >>

Pubs Code arbitration award: challenging a stocking requirement

A long running, two part referral to the Pubs Code Adjudicator (“PCA”) in relation to a proposed free of tie lease of a public house has finally concluded. Read more >>

Pre-ticked boxes for cookies are invalid

Following the implementation of the General Data Protection Regulations (“GDPR”) the Information Commissioner’s Office (“ICO”) updated its guidance on the use of cookies. Read more >>

The evolving impact of Sky v Skykick on national and EU trade marks

The Advocate General has recently released his opinion on a case which considers broad trade mark specifications, lack of genuine intention to use and bad faith that could have significant impact on the system of trade mark protection in the EU (including the UK). Read more >>

High Court cries ‘fowl’ on grilled chicken franchise claim

The recent case of Pepe’s Piri Piri v Junaid & Others concerned a dispute over a fast food franchise. Read more >>

Business succession planning: business owners and key individuals

Succession planning is a crucial part of business and wealth protection, for both the business and the owner’s family. Read more >>