Ashfords' Business Bulletin - September 2022

read time: 2 min

This quarter’s newsletter focusses on a wide range of articles from Employment, Corporate, Commercial Litigation, Restructuring & Insolvency and Intellectual Property.


Employers urged to be cautious when determining worker victimisation

The Employment Appeals Tribunal (EAT) has widened the scope of the concept of what constitutes a detriment in claims for victimisation under the Equality Act 2010. Where employees/workers (or prospective employees/workers) have undertaken a protected act (usually raising allegations of discrimination themselves or providing evidence in support of another individual’s discrimination claim) whether or not an action against them in response to this protected act then constitutes a ‘detriment’ will now be assessed by reference to whether a ‘reasonable worker’ would have reached the same conclusion.

Contact our Employment Team for more information.


Sole Directors – Time to check your Articles of Association?

Private companies with sole directors need to take note if they are using Model Articles. A recent Court decision has put sole director decisions using Model Articles at much greater risk, with amendments to a company’s articles potentially required to ensure a director acts within its powers. This article explores which Model Articles are affected, amendments that can be made and advice regarding other implications of the recent Court decision.

Contact our Corporate Team for more information.

Restructuring & Insolvency

The Redundancy Payment Service and Directors' Claims

The Redundancy Payment Service has introduced a new forum to deal with redundancy payment claims. What does this mean for a director making a claim? What happens if the director has been paying themselves a less than minimum wage or has not paid income tax? In our latest article, we have provided a summary of how a claim is now made and what the implications are for director’s should the claim fail.

Contact our Restructuring and Insolvency Team for more information.

Commercial Litigation

Urgent need to revisit post termination restrictions

You may have encountered restrictive covenants in various commercial agreements, but what makes them enforceable? The typical approach from the Court has been shaken up by a recent Court decision that prioritised the inequality of the bargaining position between the affected parties. This article looks at the consequences of the recent judgment when thinking about restrictive covenants in commercial agreements and gives practical points to help your business stay protected whilst taking a ‘reasonable’ approach.

Contact our Commercial Disputes team for more information.

Intellectual Property

What is the Metaverse and how will it affect my business?

‘Metaverse’ is the new buzzword but what does it really mean and how will it affect my business? Both consumers and businesses alike are becoming ever more interested in metaverse technology and how it has the potential to revolutionise how we interact. In our latest article, we’ve provided a brief summary on the new ‘hot topic’ and the steps you can take for your business to stay ahead of the game.

Contact our Intellectual Property team for more information.

Sign up for legal insights

We produce a range of insights and publications to help keep our clients up-to-date with legal and sector developments.  

Sign up