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After a four-year gestation period, political agreement has finally been reached on the new EU legal regime for data protection. An “agreed in principle” text of the proposed General Data Protection Regulation has been published. The text is likely to be modified for linguistic and consistency reasons, but the rights, obligations and potential penalties have been determined. The law should be formally adopted around Easter…
A recent Court of Appeal decision has confirmed that when allocating commission employers must exercise their discretion rationally and in accordance with the terms of the relevant contractual documentation (Hills v Niksun Inc). The case concerned Mr Hills, who was employed by Niksun Inc as its UK sales manager. After a sale of security software, he was promised that he would be “looked after” in…
In many civil law countries – France, Germany, Spain and Italy to name but a few – it is both normal and indeed a legal necessity to pay for restrictive covenants, such as non-compete, non-solicit and non-dealing clauses, during the term for which they are in force. That has never been the case in the UK and other common law lands, where the test has…
A qualifying recognised overseas pension scheme (QROPS) is a pension scheme established outside the UK which is broadly similar to a UK registered pension scheme. Members of UK registered pension schemes have a statutory right to request a transfer to a QROPS – this can be an attractive option for individuals who have built up their pension benefits whilst working in the UK but wish…