Uk business immigration, employment and ip update 2 tom redfern, fitzgerald and law - 25 january 2012
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Similar to Uk business immigration, employment and ip update 2 tom redfern, fitzgerald and law - 25 january 2012 (20)
Uk business immigration, employment and ip update 2 tom redfern, fitzgerald and law - 25 january 2012
- 1. Tom Redfern Rachel Lockwood LLB (Hons) BSc (Hons), ACA, CTA Head of Legal Partner Fitzgerald & Law Oury Clark Professional Advisory Services Chartered Accountants
- 2. GLOBAL READY International Growth Strategies for SMEs: The Legal Aspects of Setting up in the UK January 25, 2012, Charlotte NC Session 2 Tom Redfern, Head of F&L Legal LLP
- 3. Agenda Independent UK How to Contractor v Employment protect IP in Employee Law Update the UK www.fitzgeraldandlaw.com London San Francisco
- 4. Independent Contractor v Employee Both sides may be drawn to the Independent Contractor route because: Cheaper: More flexible: No visibility for No employer tax to pay Rights of termination the principal: No holiday pay Ability to work for No payroll registration No employee benefits others Engagement can be via No tax deducted at No specific working US entity source hours www.fitzgeraldandlaw.com London San Francisco
- 5. Independent Contractor v Employee • Similar rules to the US • Whatever the language of the contract, the UK tax authorities will look at the circumstances, such as… Is the contractor providing services for more than one client? Are there variable fees? Is there a right of substitution? Can the contractor hire someone else to do the work? Is the contractor provided with tools/equipment for the work? www.fitzgeraldandlaw.com London San Francisco
- 6. Independent Contractor v Employee Dangers of Contractor Route • IP vests in the contractor unless stated in the contract • No duty of trust/good faith exists • Contractor will usually have no PI insurance • Tax liability if authorities determine it is an employer/employee relationship and cannot collect tax from the employee • Contractor can seek clearance from authorities to determine the status of the relationship but this is not customary and puts the relationship on their radar www.fitzgeraldandlaw.com London San Francisco
- 7. Independent Contractor v Employee Governing Law and Jurisdiction • Employee relationship: must be governed by English law • Contractor relationship: can choose a US State’s law and likewise jurisdiction venue is a matter of choice • If you want to bring a claim: better to choose English law and the English courts www.fitzgeraldandlaw.com London San Francisco
- 9. UK Employment Law • Written contract • Under English Law • No employment ‘at will’ • No PTO days • Minimum paid holiday entitlement • No Maximum working hours • Sick pay rules • Restrictive covenants • Protection against dismissal after 12 months service www.fitzgeraldandlaw.com London San Francisco
- 10. UK Employment Law Simplest way to dismiss an employee: • Give notice before 12 months service expires • Comply with the terms of the employment contract OTHERWISE you won’t be able to enforce post-termination restrictions in the contract • From April 2012, the ‘12 months’ rule will change to 2 years (better for employers) Compromise Agreement www.fitzgeraldandlaw.com London San Francisco
- 11. Intellectual Property: Protecting IP in the UK
- 12. How to Protect IP in the UK Intellectual Property Update Different types of IP • Patent: registered • Trademark: registered/unregistered • Design: registered/unregistered • Copyright: unregistered www.fitzgeraldandlaw.com London San Francisco
- 13. Patents Intellectual Property Update Patents • Limited life span • Can be EU or UK wide • Annually renewable • Expensive Trademarks • Valid so long as registration renewed • Can be EU or UK wide • Renewable every 10 years • Covers the 45 different classes of goods or services required www.fitzgeraldandlaw.com London San Francisco
- 14. Design Intellectual Property Update Design • Valid for 25 years • Can be EU or UK wide • Renewable every 5 years Copyright • Cannot register • Valid for the creator’s life + 70 years (except songs, which is 50 years) • Software and databases can be protected as literary works www.fitzgeraldandlaw.com London San Francisco
- 15. The End Thank you for listening
- 16. Tom Redfern +44 20 7430 5886 tredfern@fandllegal.com North America Office London Office 388 Market Street, Suite 1300, San Francisco CA94111 8 Lincoln’s Inn Fields London WC2A 3BP +1 415 7289815 +44 20 7404 4140 info@fitzandlaw.com info@fandllegal.com www.fitzgeralandlaw.com