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June 2010

Welcome to Fortune Law's Briefing Update
 
Greetings! Budget briefcase

Welcome to our briefing update for June 2010. 
 
This month, with the nation having already been gripped by fixtures in South Africa, our attention is also drawn to World Cup football fever. In this newsletter we focus on the various issues faced by businesses dealing with distracted employees and tempted by making swift commercial gains from footy focused merchandise. Fortune Law provides businesses with "a one stop shop" service in respect of a variety of commercial legal issues including both employment and intellectual property.
 
Our client of the month is 7 City Learning, a global financial services training company with offices in London, New York and Singapore. 7city achieved The Sunday Times Virgin Atlantic Fast Track status in 2005, 2006, 2007 and 2008.
 
The company acts for a host of blue chip clients including Barclays Capital, Citigroup, HSBC, JP Morgan Chase and KPMG providing them with professional training also on a tailor made basis. 7 City employs approximately 120 employees across 3 sites - London, New York and Singapore and we regularly advise them on a manner of employment and other commercial issues. 
 
Two of our short features this month focus on practical ways of dealing with employees and potential absences during World Cup month and also on how to deal with dismissal of employees in a legally fair manner. Our third article deals with the issue of copyright and infringement of intellectual property rights with particular reference to Fifa. 

Good luck to our national side and for those who don't like pizza, beer and football there's always strawberries, cream and Wimbledon. Enjoy!

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Issue: 5

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Legal Updates
The World Cup - Employers Beware!
Dismissing an employee
The World Cup - Copyright
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7 City Learning
Helen Taylor
  
"Shainul and her team at Fortune Law first came to work for 7city Learning in March 2009 following many years of being with one of the 'big city firms'. The main area of focus for us was employment law, although they have helped us with commercial legal issues too. We were immediately impressed not only with their knowledge and experience in the particular area of law we were dealing with but also by their practical and commercial approach to the issues we were facing. Always outcome and solution focused, Fortune Law helped us achieve legal compliance without compromising our business goals and objectives. With Fortune Law you always feel that you are in safe hands and can rely on them to provide innovative and commercially viable solutions to any issues we may be facing. The advice and guidance they have provided have proven to be invaluable. We look forward to many more years of working in close partnership with Shainul and her team."
The World Cup - Employers Beware!
 
The World Cup will no doubt lead to fever pitch in work places across the country as staff become increasingly interested in the tournament. The World Cup can bring great advantages to business and staff morale, but it can create a head-ache for HR too.

One of the biggest problems caused by sporting events is unauthorised staff absence. Nobody likes to be a kill-joy, but at the same time employers may be faced with the unauthorised absence of members of staff who want to watch the football or have a hangover from celebrating the night before.

Employers should not jump to conclusions simply because an employee has not turned up for work on a day when England is playing - there may be a reasonable explanation.  Ensure that any absence / disciplinary procedures are followed, employees are dealt with fairly and that suitable warnings are given where appropriate.  Disciplinary offences committed during the World Cup should be treated the same as similar disciplinary offences committed at any other time. It would be sensible to remind your employees of your policies in advance of England's game against Slovenia (kick off is on Wednesday 23 June 2010 at 4pm). Please also bear in mind that all employees should be treated fairly and equally. The World Cup overlaps with Wimbledon so if you decide to adopt a particular policy for the footy make sure you also take into account the interests of tennis aficionados.
 
For further advice on what else to look out for do drop us a line at enquiries@fortunelaw.com
 
Dismissing an employee

If you are an employer you should be aware of the key issues that your business should consider when dealing with poor performance and, more generally, when dismissing an employee for this or other reasons. Failure to follow the correct procedures could have serious financial and commercial implications for your business, including unlimited damages in some cases. Your business should follow good management practices to help avoid potential claims relating to a dismissal, for example:

 

·         Make sure that any employee-related policies and procedures your business has are always followed (for example, an equal opportunities policy).

 

·         Address any issues with your employees as soon as they emerge. Generally an employer's position deteriorates the longer the delay; and

 

·         Think carefully before sending any e-mails to your employees (for example, never send any aggressive e-mails as they could be used against your business by an employee in a future claim).

 

The introduction of new legislation has greatly increased the complexity of the process that you must follow to avoid claims being brought against you as a result of dismissing an employee, which includes establishing whether there are grounds for dismissal. If you are facing poor performance issues or need to dismiss an employee, please visit our website for our Top tips on fair dismissals.

The World Cup - Copyright
 
Businesses looking to the World Cup to boost profits should be aware of breaking copyright laws. The list of the sorts of activities that could get businesses into trouble is a long one. Phrases "South Africa 2010", "Fifa World Cup" and even images of the trophy itself are protected under intellectual property laws. Printing off an image of the World Cup trophy for business use may put you in technical breach of both trademark and copyright laws and expose you to possible legal action.
 
Businesses are keen to use the World Cup to drum up extra sales, especially those in the hospitality trade such as pubs, bars and cafes. However Fifa has created a legal minefield for those not on the official sponsors list. Using an image of the World Cup trophy, the three lions logo or even the word Fifa could lead to trouble.
 
For further information or advice on intellectual property including trademark registration please call us on 0207 440 2540 or email us at enquiries@fortunelaw.com.
 
Employment Contracts Offer
 
This month we continue our special package offer  in terms of our employment law expertise. We will draft an employment contract for a junior employee with a letter of advice for £350 plus VAT and disbursements if you contact us before June 30th 2010.
 
Please contact us for further information. Offer ends June 30th 2010.
 
Please note that information contained in this briefing update does not constitute legal advice. All statements of law are applicable to the laws of England and Wales only. Copyright Fortune Law 2010. All rights reserved.