L to R: Lynsey Smith, Catherine Morris, Russell Ford, Nicola King, Caroline Cowley, Jessica Waters, Alicia West, Andrew Hayward. Staff from Owen White’s Litigation team recently attended a ‘Rock at the Races’ concert, organised for the Children’s Critical Care Appeal by the Frimley Health Charity at Wexham Park Hospital. The event, which took place […]
Q: “Can the franchisor change the fixed payment or royalty/percentage structure to suit them at any given time? How am I supported by the franchise agreement in order to yield a decent return?” Specialist franchise lawyer It would be a very strange franchise agreement that allowed the franchisor to make such fundamental changes during the […]
What can I do if someone is trading using my trade name? A trading name or business name is the name used by either a person, partnership or a company for carrying on business which is not the same as their own name. The Trade Marks Act 1994 There are no intellectual property rights in […]
Q: What protection do I have against the franchisor not keeping its side of the agreement? Is there not a David and Goliath-sized difference in the recourse I have in case of dispute? A: Size doesn’t matter The fact that the Franchisor is likely to be a much larger company with greater resources than an […]
On 13 July 2018 the Court of Appeal held that the essence of a “sleep-in” contract is that by arrangement workers sleep at the work place and therefore are available for work, but not undertaking actual work. This decision in the case of Royal Mencap Society v. Tomlinson-Blake reversed the judgment of the Employment Appeal […]
Q: “I’m interested in a business opportunity, but the franchisor is new to this region and so is looking for a Master franchisee – what (extra) questions do I need to ask of the franchisor / legal advice should I seek, and am I more exposed to failure than a regular franchisee?” A: A master […]
For many franchisees there will come a time when they wish to realise their investment and sell their franchise. Some franchisees are surprised by the process set out in their franchise agreements that they are contractually bound to follow when they want to sell. Some franchisees feel aggrieved by the level of control that their […]
Is it breaching TUPE regulations? Many employers, their HR teams and their lawyers have considered that when employees have been transferred to them under TUPE, that it is impossible to change the terms and conditions of the transferred employees, without risking breaching the TUPE regulations. As with many situations, life is not that simple and […]
Owen White has recently donated £600 of training tops to Holmer Green’s Under 10’s football team. The Club, which has teams catering for boys and girls aged from six to adult, was founded in 1908 and plays its home matches at Watchet Lane, Holmer Green. The under 10’s team, which has approximately 30 players, plays […]
What is bumping? Bumping is the process of moving a potentially redundant employee into another role, and making the employee currently performing that role redundant. Does an Employer have to consider “Bumping” in redundancy situations? In Mirab v. Mentor Graphics UK Limited the Employment Appeal Tribunal (EAT) considered whether employers are required to consider bumping […]