I came up with an idea at work worth millions. Can I claim a share of the profits? [LBC Legal Hour]
Вставка
- Опубліковано 13 вер 2024
- Arif came up with an idea worth millions to his employer. He's since left the company but wants a share of the profits. Does he have a claim?
📻 LBC Radio - www.lbc.co.uk
📚 MY BOOKS
Employment Law Handbook - www.employmentl...
Resolving Grievances - go.danielbarne...
Constructive Dismissal - go.danielbarne...
Employee Investigations - go.danielbarne...
Deconstructing TUPE - go.danielbarne...
All small books - go.danielbarne...
🎁 FREE STUFF
Employment law updates - www.danielbarne...
Employer’s guide to redundancy - go.danielbarne...
Podcast - go.danielbarne...
Sources of free legal advice (video) - • 15 ways to get FREE le...
Deconstructing TUPE (video course) - go.danielbarne...
💎 PRODUCTS, MEMBERSHIPS AND COURSES:
Virtual Employment Law Academy - virtualemploym...
HR Policies - policies2023.com
Chat GPT for lawyers & HR - danielbarnett....
Join the HR Inner Circle - hrinnercircle....
Getting Redundancy Right - gettingredunda...
Changing Terms and Conditions course - courses.virtua...
Marketing your Employment Law Practice - go.danielbarne...
Own-branded email updates for solicitors - www.employmentlawbulletins.com
🌞 WHO AM I:
I'm Daniel Barnett, an employment law and HR barrister. I advise and represent clients in employment tribunal litigation. I have my main website (www.danielbarne...) and work out of a set of Chambers in London (www.outertemple...). I have a weekly podcast (go.danielbarne...) and am often asked to speak on the national and international legal and HR lecture circuits. I’ve written about fifteen legal textbooks (the main one is www.employmentl...) and run a membership club for smart, ambitious HR Professionals (www.hrinnercirc...). I present the legal hour on LBC Radio (www.lbc.co.uk), the UK’s leading commercial talk radio station with an audience of 2.8m listeners, every Saturday night at 9pm.
☎️ CONTACT ME:
If you’d like to talk, I’d love to hear from you.
Twitter / X: / daniel_barnett
Mailing list: www.danielbarn...
Podcast: go.danielbarne...
Subscribe to this channel - click ‘SUBSCRIBE’ above
Tweeting @daniel_barnett directly is the quickest way to get a response. Sadly there aren’t enough hours in the day to respond to everyone 😭, but I promise I read all messages.
♨️ IMPORTANT INFORMATION:
This video is published by Employment Law Services Limited. The information in this video is for general guidance only and, although the presenters and publisher believe it was correct at the time it was recorded (September 2023), the law may have changed since then. You should always seek your own independent legal advice. Please note that for employment law, the law explained applies to England, Scotland and Wales. For all other areas of law, it applies to England only.
PS: Some of the links in this description are to my own products or are affiliate links that I get a commission from.
If he stayed any longer on that call, he'd have missed the deadline! 😂😂
Idot.
As people always say... the law is not what's moral, it's what's legal.
IP law can benefit you but it's true purpose is to protect corporate interests, that's why they spend millions every year trying to expand it.
Imagine thinking that you’re owed money for coming up with ideas to help the business you work for. Turn it on its head; imagine you had to pay for your mistakes!
In some jobs you do...
@@loc4725 I phrased it clumsily. I got some bonuses for patents in my name in one job and I know there are exceptions. I suppose what I mean is that ordinarily we work hard and make suggestions because we’re employees and our company’s interests are our interests. Especially if there’s no bonus/payment scheme and especially if you leave, imagining they’re going to chase you down and give you cash because after six years of development and investment into your idea has been fruitful I find to be silly.
Just a layperson, so take this for what it's worth as an uninformed commentary. For me, this whole case hinges on whether the invention was a part of his employment or an idea he came up with in his own time. I think the fact that he emailed his boss about it will tell against him. (Yes - gratitude would be nice, but wouldn't generate stockholder value...so..)
What might have helped would be if he'd patented it and THEN offered them distribution or IP licensing rights.
If this guy works for a major tobacco company his contract 100% says any IP is theirs.
So he shared a money making idea with his employer!? What a total MUG! NEVER, EVER, EVER give loyalty to an employer. You would have to be NUTS to EVER do that.
Sounds like the type of idea that he could not implement by himself anyway, and he didn't have the money (or confidence) to register by himself.
His past actions don't seem regretable. His current inaction does, though.
You need a better job. Every job I've worked I'm doing my best to help that company maximise revenue and profit.
It’s astonishing how poor some peoples grasp is of the fundamental contracts/agreements that they have signed in their life. How can you go through life not understanding how a contract with your employer works in relation to this topic?
i think he doesn't have a leg to stand on especially as he didn't register as his IP, but you never know if he gets top class lawyer like off suits he may be able to find a loop hole and sue on a technicality. Similar thing happened to me at my former place of work but it wasn't a commercial idea more of an efficient/effectiveness idea that saved the organisation vast amounts of time/resources but I left before i formulated it and took it to my new employer knowing my former wouldn't give me any credit for it.
This dude is a salesman.
He never thought about generating anything IP-worthy.
Contracts are not written for layman to understand them.
Because the law is hard. That's why lawyers exist.
My roles come with contracts which state it’s the employers, not mine. Also anything looks and feel like a 2nd job is to be capped and requires permission. No way does he have a case, I’m even think it’s funny he’s asking. It’s what your paid for !
He should have written it down, got it registered/patented or whatever and only then gone to his employer, in writing, saying he has an idea but he wants to negotiate a reward for it if it does well. If you cant be bothered then that's on you. I dreamed up the scrolling indicators for cars about 15 years ago, thought it was a good idea, even looked in to copyright for it but sat on it instead. A few years later started seeing these on Audis, now other brands too. I was gutted, but it was my own inaction to blame!
He's got no chance at all.
He does.
He is a salesman, so his job was not to provide ideas.
He could legally retain royalties. Gotta push to get them, though.
@@parametrno chance.
I made a big mistake at work causing the company to lose millions. Should I contribute a share to the losses?
No , it’s their fault cuz they hired a fool 😮
Yes lol 😂
Sounds like he screwed himself. Should have safeguarded the idea BEFORE presenting it.
those emails aren't worth the ethereal they are written on..
If there’s a patent now for it , Arif has a fighting chance in several jurisdictions, assuming the tobacco company is worldwide, which they tend to be.
In some countries (e.g. the USA) the inventorship issue is so important that deliberately falsifying it in a patent application can invalidate any patent resulting from the application
Can’t even pronounce the year as twenty seventeen
Sounds like s fool
I love when this presenter gets annoyed when people dont get to the point