Clarkslegal LLP - Solicitors in Reading and London

Legal Updates

Search Legal Updates

Jun
11
2010

Beware of the fake fit note!
#Employment

Just 2 months after they were introduced by the Government in an attempt to combat sickness absence, it appears that the fit new note is open to misuse....

Jun
11
2010

Simon Cowell being taken to Tribunal
#Employment

A former unsuccessful Britain`s Got Talent contestant is bringing legal action against Simon Cowell....

Jun
11
2010

Employees ignorant of their contractual rights?
#Employment

Which? Legal Service surveyed 4,000 members of the British public, asking whether they had read their contracts of employment. Shockingly, 26% said they had only skim read their contracts, while 6% confessed they had not read them at all....

Jun
08
2010

Mechanisms to increase environmental investment: feed in tariffs
#Environment

In April 2010, the UK government introduced a feed in tariff (FIT) to encourage microgeneration from renewable sources. This follows a long lobbying campaign from environmental groups and investors, who see FITs as a vital way to encourage investment in smaller scale clean energy technologies. This is backed up with evidence from Germany and Spain, where FITs have been in place for many years and have incentivised large domestic consumer uptake, and created new business opportunities. The government sees the introduction of a FIT as a method of encouraging domestic and commercial consumers to produce their own energy, thereby reducing total demand on the grid, and helping meet our renewable energy targets....

Jun
08
2010

Commercial Agents Update
#Dispute Resolution

A crucial part of the Commercial Regulations that all agents need to be aware of is that you lose your right to compensation or an indemnity if you fail to serve notice of your intention to make a claim within one year of termination of your agency agreement (Regulation 17(9)). If you fail to comply with the notice requirements in the Regulations you will lose your claim to an indemnity or compensation however strong your case may have been....

Jun
08
2010

Outcome of Criminal Proceedings
#Employment

Employers are often faced with procedural dilemmas on how internal proceedings are to run whilst ensuring a reasonable and fair process is carried out. What should an employer do in a situation where external criminal proceedings are taking place against one of its employees? Should they begin their own internal disciplinary proceedings immediately or wait for the external outcome?...

Jun
08
2010

Damages not limited
#Employment

It was held in Edwards v Chesterfield Royal Hospital NHS Foundation Trust that the employee was able to recover damages at large for a breach of a contractual disciplinary procedure....

Jun
08
2010

Greening the built environment
#Environment

The built environment contributes a significant proportion of total global emissions. In fact, 45% of UK carbon emissions are attributed to the built environment. It is worth noting that 80% of the buildings that will house us in 2050 have already been built today. Investment into the greening of real estate via retrofits and increase in energy efficiency will play a significant role in achieving the carbon emissions targets, now mandated by UK law, in an economically efficient and technically simple manner. As an investment asset class though, green real estate has yet to receive the investment needed to achieve such targets, though the tide seems to be slowly turning....

Jun
08
2010

Years of Unwanted Conduct
#Employment

In cases of constructive dismissal where an employer has committed a repudiatory breach of contract, an employee must not delay too long before resigning or it would be taken that the contract has been affirmed....

Jun
08
2010

Cleantech investment opportunities ideal for pensions
#Environment

The nascency of the environmental technology sector has, not surprisingly, resulted in much focus on early stage investments predominantly in the realm of angel, venture capital, and smaller private equity investments, all of whom are looking to make returns in the short to medium term. It is surprising then, that the long term nature of the climate change problem and the necessary paradigm shift in investment has not fully penetrated the world of pension fund investments. By their very nature, and similar to many climate change-related investment opportunities, pension funds must strategise for the long term....

Jun
08
2010

Without Prejudice Rule
#Employment

The without prejudice rule will generally prevent documents from being admitted and used as evidence against the interest of a party in any court hearing without the permission of both parties....

Jun
08
2010

Financing a Green Investment Bank
#Environment

All three main political parties included in their manifesto pledges, the creation and support of a Green Investment Bank (GIB), in order to help finance the transition to a low carbon economy. The parties differed on the exact role of the bank, with Labour favouring an infrastructure funding institution and the Conservatives opting for early-stage start-up investing. In reality, a mixture will be required and it seems that other funding bodies such The Carbon Trust and Infrastructure UK may be amalgamated into the GIB, to avoid duplication of roles....

Jun
03
2010

Avoiding an expensive way out.
#Employment

It has been reported that Liverpool FC has allegedly offered Manager Rafa Benitez a £3 million pound sum to leave his employment with the club. Mr Benitez had been employed on a fixed term contract which still has over 4 years left to run. The contract allegedly contained a clause stating that if his employment was terminated early he would receive £16 million in compensation....

May
27
2010

Don`t score an own goal during the World Cup!
#Employment

The Trades Union Congress (TUC) has warned employers against imposing a blanket ban on football during the World Cup, which starts on 11 June 2010. The TUC believes that a blanket ban runs the risk of demotivating staff and losing hours through unauthorised sick days. Instead, the TUC encourages employers to accommodate staff requests to watch matches....

May
26
2010

Reasonable Investigations
#Employment

When looking at unfair dismissal cases involving an employee`s misconduct, tribunals will look at whether the employer`s investigation into the alleged misconduct was fair and reasonable. This means that the employer need not have conclusive direct proof of the employee`s misconduct but a genuine and reasonable belief....

May
26
2010

BNP teacher accused of racial and religious intolerance
#Employment

Adam Walker is reported to be the first teacher to appear before the General Teaching Council (GTC) accused of racial and religious intolerance. He resigned from his role as a technology teacher, after the head teacher instructed IT staff to investigate Mr Walker`s use of the internet on his school laptop....

May
26
2010

Compromise Agreements
#Employment

The case of McWilliam & Others v Glasgow City Council is the first case to consider the criteria set out for a compromise agreement to be valid under the Sex Discrimination Act 1975. This case looked at whether there was a need for the employee to have received independent legal advice as to the terms and effect of the proposed agreement....

May
26
2010

Impending Retirement - Not Age Discrimination
#Employment

When applying for a position some posts require the applicant to hold certain qualifications. However, what happens when you are already employed and in order for you to attain a higher-paid grade the requisite is that you must have a degree?...

May
25
2010

Is your employees time being gobbled up?
#Employment

The version of Pac-Man added by Google to celebrate the 30th birthday of the game, cost employers almost five million hours of work time and $120 million, suggests a study by software firm Rescue Time....

May
25
2010

Queen`s Speech: Employment Implications
#Employment

The Queen`s Speech today outlined 22 parliamentary Bills to be debated in the new Parliament....

Page 101 of 106