When an injured person has ongoing medical or care needs as a result of an accident, interim...
The last 10 years have seen some dramatic changes in the way the law affects our lives, both on a personal and commercial level. European legislation now has direct legal effect in European Union states, which has led to the introduction of a Human Rights Act and a tightening up of employment law.
The biggest changes we have seen in the last 10 years relate to the rights of employees. Employers have seen an influx of European legislation to regulate the way in which employees are treated. Of particular note are the regulations relating to working time, maternity/paternity leave and the anti-discrimination provisions. Discrimination on the basis of gender, religious beliefs or disability is already prohibited and ageism is likely to be next. The application of TUPE rules, when one business takes over part or all of another is forever being extended by the courts.
Closely linked to the employment arena, the data protection provisions were updated six years ago and now govern how personal information is handled by companies and employers. All of the changes mentioned are intended to strengthen the rights of individuals in all walks of life.
On a corporate level, the biggest news in the last 10 years is undoubtedly the collapse of Enron and the ripple effect that it has had. Public companies are now closely monitored and their accountants are under intense scrutiny to ensure that another “Enron” does not occur. Public companies account for only 1% of all registered companies and it is predicted that private limited companies are due a shake up over the next few years although it is widely acknowledged that smaller companies, often family owned, need more flexibility as to how they are managed.
It is safe to say that the last 10 years have seen much change in the way that businesses go about their day-to-day operations. The next 10 years will be very interesting and the outcome of the debate on the European Constitution will determine to what extent our laws will harmonise with those of the other EU member states. European legislation has and will impose a great number of new obligations on employers, which backed up by increased awareness by employees, means that those who run businesses need to be well versed in the ways of employment and company law.
Salim Somjee