Clarkslegal LLP - Solicitors in Reading and London

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Mar
26
2010

Holiday Pay Case Referred
#Employment

The Working Time Regulations 1998 comes under the spotlight again in the case of British Airways Plc v Williams and Ors. The pilots in this case argued that they should have received flying allowances on top of their basic pay when on annual leave....

Mar
26
2010

Right to request time off for training
#Employment

From 6 April 2010 employees working for business with over 250 employees will be granted the right to request time off work to undertake study or training under the Apprenticeships, Skills, Children and Learning Act 2009 (‘the Act`). From 6 April 2011 this right will be extended all employees, regardless of the size of their employers business. The right does not apply to agency workers, school-age children, or young employees who qualify for a separate right to time off for training....

Mar
25
2010

Exemptions from Design & Access Statements for Planning Applications and other Amendments to the Town & Country Planning General Development Procedure Order
#Inward Investment

The latest GDPO Amendment Order which comes into force on 6 April 2010, in relation to England only, contains a variety of changes to the procedural arrangements...

Mar
23
2010

Goodbye House of Lords - Hello Supreme Court
#Dispute Resolution

The House of Lords has been the highest Court in the land for 133 years. Its history, however, can be traced back to the 14th century. On 1 October 2009 that history was swept away when it was renamed the Supreme Court. At the same time, it moved to a dedicated new Court in Middlesex Guildhall - just across Parliament Square from the House of Lords, which is being refurbished at a cost of £77m....

Mar
23
2010

Compensation - when is the cut-off point?
#Employment

It was established in the case of Wood v Mitchell SA Ltd, that tribunals should not generally take supervening ill health to be the cut-off point when estimating what loss an employee has suffered for the purposes of calculating compensation for unfair dismissal....

Mar
19
2010

Low Carbon Construction - Innovation & Growth Team
#Construction

An Innovation and Growth Team, drawn from the construction industry and Government, has been charged by the Secretary of State for Business Innovation and Skills to consider how the UK construction industry can rise to the challenge of the low carbon agenda, to make recommendations to Government and industry....

Mar
19
2010

Vicarious liability for Employee`s actions
#Employment

When looking at whether an employer would be held vicariously liable for the actions of its employee, the Court of Appeal in the case of Maga v Trustees of Birmingham Archdiocese of the Roman Catholic Church considered the test set out in the previous case of Lister v Hesley Hall Ltd....

Mar
19
2010

Abandonment of Internal Procedures
#Employment

In the case of Sarkar v West London Mental Health Trust the employer decided to deal with several complaints received about an employee through its informal procedure, which was designed for conduct that did not amount to serious or gross offence....

Mar
17
2010

Holiday pay entitlement ....continues....
#Employment

Following the case of Stringer, the Tribunal in the case of Rawlings v The Direct Garage Door Company held that an employee was entitled to be paid for the holiday he had been unable to take during his period of long-term sickness absence....

Mar
17
2010

Time Limits Challenged
#Employment

There is a procedure in place for Tribunals to ensure that documents are sent out on the ‘date sent` stamped on it as this is presumed to be the date from which time limits will run....

Mar
17
2010

Entitlement to Legal Representation
#Employment

It is usually the case that companies conducting a disciplinary/grievance procedure only allow employees the right to be accompanied by either a trade union representative or a colleague....

Mar
16
2010

Employee Must Obey!
#Employment

The employer in the case of Dunn v AAH Ltd was entitled to terminate the employee`s contract on the grounds that it had been repudiated....

Mar
09
2010

Online Defamation - Prioritise Protecting Your Reputation
#Dispute Resolution

There is a thin line between free speech and defamation. With the hive of networking, blogging and reviews online reaching a global market when is that line overstepped and what can you do to protect the good name of your business?...

Mar
09
2010

Domain Name Disputes
#Dispute Resolution

A brand can be one of the biggest assets of a business. With an increasing amount of online commerce, protecting your domain name is paramount. Julia Holt looks at domain name disputes and ways to avoid them....

Mar
04
2010

Constructive Dismissal Cannot Be ‘Cured`
#Employment

Following the Court of Appeal decision in Buckland v Bournemouth University, it was held that employers could not ‘cure` a fundamental breach of contract by taking subsequent steps to rectify it....

Mar
04
2010

Collective Consultations Still Apply
#Employment

Even though there may be special circumstances that apply where it could affect the timing of consultations under the Trade Union and Labour Relations (Consolidation) Act 1992, this does not preclude or excuse the employer`s obligation to consult....

Mar
03
2010

Aiding Discrimination of Agency Workers
#Employment

The EAT has considered whether an employer ‘aided` discrimination when it engaged an agency worker who discriminated against its employee....

Mar
01
2010

Consulting on age - March 2010
#Employment

Thank you to everyone who responded to our recent survey on the default retirement age. The results made very interesting reading and, as promised, we have set them out here....

Feb
24
2010

What`s so super about injunctions?
#Dispute Resolution #Crisis Management

Injunctions can be very powerful tools in litigation. Stephen James looks at why John Terry`s recent application for a "super injunction" failed"...

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