Clarkslegal LLP - Solicitors in Reading and London

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Jul
29
2010

Consultation on plans to phase out the default retirement age begins!
#Employment

The current default retirement age (DRA) of 65 has been under the spotlight since the introduction of the Employment Equality (Age) Regulations back in 2006 and has not been without its critics. Today marks the start of a period of consultation by the Government into its proposals to phase out the DRA, which include plans for a six-month transitional period....

Jul
28
2010

Bound by Subsequent Changes
#Employment

Under TUPE, all collective agreements relating to the transferring employees transfer to the transferee where they are bound by the terms in force at the date of transfer. Any subsequent changes or new collective agreements will not ordinarily bind a transferee if they are not a party to it....

Jul
28
2010

A way to avoid backdated holiday pay claims?
#Employment

Ever since the House of Lords ruled in HM Revenue & Customs v Stringer and others last year that employees could claim accrued but untaken annual leave going back a number of years, as part of a series of unauthorised deductions, if they had been unable to take the leave owing to sickness absence, employers have been looking for a way to mitigate the effects of that decision....

Jul
28
2010

Caps on Redundancy Payments
#Employment

The question of whether it is unlawful age discrimination to cap contractual redundancy payments in order to prevent employees from receiving a windfall (i.e. a redundancy payment together with the ability to draw a pension) was put into the spotlight by the EAT in the recent case of Kraft Foods Ltd v Hastie....

Jul
28
2010

Failing to discount disability related periods of sickness for the purpose of redundancy scoring was disability discrimination.
#Employment

Most employers adopt standard redundancy scoring criteria which include objective criteria such as levels of sickness absence. Again, most employers know that to avoid discriminating against disabled employees any periods of sickness that relate to a disability should be discounted from the disabled employee`s score. This would be a reasonable adjustment for employers to make....

Jul
28
2010

Stigma Damages
#Employment

Compensation for personal loss of reputation is generally excluded from unfair dismissal compensation. However, following the much publicised case of Bank of Credit and Commerce International SA (BCCI) an exception arose which gave rise to the principle that is termed as ‘Stigma Damages`....

Jul
23
2010

TUPE - is it a defence to an equal pay claim?
#Employment

When an employee transfers to another employer under TUPE, his terms and conditions are preserved. This may cause problems if the employer inherits men and women doing the same job but on different rates of pay. There is nothing the new employer can do to remedy the inequality - or is there?...

Jul
23
2010

Government tells employers: Let staff work from home
#Employment

The Liberal Democrats` transport minister, Norman Baker, has called on employers to allow employees to work one day a fortnight from home as part of the Government`s drive to cut transport congestion and create a low carbon economy....

Jul
23
2010

Your Freedom - Buddy reviews suggestions on the HM Government website
#Employment

Further to our previous blog about the Government`s new Your Freedom website which allows the public to suggest which laws it would like to see abolished or created, Buddy has reviewed some of the suggestions posted relating to Employment Legislation....

Jul
22
2010

Sisters are doing it for themselves
#Employment

According to recent statistics published by Grazia Magazine, 1 in 3 women now earn more than their partners and are considered the main breadwinner in their family. A further 19% earn the same salary as their partner....

Jul
21
2010

Firefighter who complained about reclining chairs recieves £80,000 payout
#Employment

A Firefighter has received £80,000 in compensation after he was dismissed following complaints he raised that reclining chairs installed in his fire station were causing him severe back pain. The chairs were brought in to replace beds in Greater Manchester`s fire stations in 2006....

Jul
16
2010

Government focus on flexibility
#Employment

The Government is apparently planning to encourage employers to allow staff to work more flexibly in order to ease the transport congestion and held employees achieve a better work-life belance....

Jul
15
2010

A quick guide from Acas on the Equality Act 2010
#Employment

In case you have been asleep (or cannot keep up with when the government is going to implement the Act!) - the Equality Act is the next key legislative change in Employment law - it begins to become law in October 2010. As a result of the Act, employers may need to review and change their policies and practices on equal opportunities....

Jul
15
2010

If "pulling a sickie" was an Olympic sport, the GB team would sweep up the medals!
#Employment

A survey for Aon Consulting has revealed that one in five UK workers feigned an illness the last time they took a day off work sick. The UK was the worst performer in the survey compared to the rest of Europe!...

Jul
15
2010

Putting the final salary pension scheme out to pasture...
#Employment

According to the Pension Protection Fund (PPF) the collective deficit of UK final-salary pension schemes widened in June. Not surprising given the extremely challenging times we are in. The downward trend is nothing new either and over the last decade we have seen scores of FTSE 100 employers closing their final salary schemes, initially to new recruits, and more lately for existing members....

Jul
12
2010

Motor Consumers - Defence is the best form of attack
#Dispute Resolution #Automotive

We are often asked to advise on matters where parties claim that they had agreed something either over the telephone or in person but there is no written record of that agreement. In the recent case of Pebble v Costa, the Court of Appeal stated that where there is no evidence of an agreement in writing, it was open to a judge to decide what had been agreed based only on what appeared likely in the circumstances and how the witnesses appeared in court....

Jul
09
2010

BBC give Bleakley the boot from the One Show
#Employment

The BBC has asked Christine Bleakley, current girlfriend of footballer Frank Lampard, not to return to her role presenting The One Show when it returns to TV screens next week. Despite asking her not to return to work, the BBC has reportedly refused to end her contract early, effectively placing her on garden leave until her contract expires, believed to be September this year....

Jul
07
2010

Offside During the World Cup
#Employment

Since Friday June 11th, the World Cup has been a potential cause for concern for employers. Fans have travelled to the other side of the world to support their home countries and plans are set in place for the games to be watched over a whole month....

Jul
07
2010

The Coalition Government: Employment Implications
#Employment

On 20 May 2010, the new Coalition Government published its Coalition Agreement, setting out key policy plans. The plans are stated as being based on central principles of "freedom, fairness and responsibility" and cover a breadth of issues from banking to immigration....

Jul
07
2010

Mediation - What`s So Special?
#Employment

In 2009, a new ACAS code was published encouraging the use of mediation for workplace conflict. On top of this, the Ministry of Justice has recently published a long report by a very experienced Appeal Court Judge because of real concerns over the high cost of litigation and access to justice through the courts....

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