Since April 2015, the Financial Conduct Authority (FCA) has had powers (under Part 1 of the Competition Act 1998 and Part 4 of the Enterprise Act 2002) to enforce competition law in the financial sector. At the end of November, the FCA announced its first statement of objections since it received those competition enforcement powers, against four asset management firms who have allegedly breached UK and EU competition law.
Tribunal fees were introduced in July 2013 and abolished on 26 July 2017. We have been waiting to see what the effect of the abolition of fees would be. The statistics for the quarter July to September 2017 have just been published. There has been an increase of 64% in the number of single Employment Tribunal claims lodged.
DC Community Partnerships Limited (“DCCP”) v Renfrewshire Council (“the Council”), a decision of 22 November 2017 from Lord Doherty sitting in the Outer House of the Court of Session determined that an Adjudicator had failed to exhaust his jurisdiction and as a result, his decision was reduced. This is an important case not least because only in very limited circumstances will an Adjudicator’s decision be reduced, but it also determined that the Council did not need to issue a pay less notice where it had advanced the defence of set-off.
There can be little doubt that Brexit, Donald Trump and Love Island stole the headlines in 2017, but it was also a busy year for employers. So, as the year draws to a close and we look forward to Christmas, now is a good time to reflect on what we learnt in 2017.
With the festive season underway and office parties planned, we want to help you avoid the legal hangover for many red-faced employees following Christmas festivities with their employer.
In our previous update, we discussed online sales restrictions and how these were being treated in both UK and EU competition law. Last week, the ECJ handed down its decision in the Coty v Akzente case and affirmed that luxury brands are allowed to restrict online sales through selective distribution clauses in contracts, in order to protect brand image.