Clarkslegal LLP - Solicitors in Reading and London

Legal Updates

Search Legal Updates

May
04
2010

Grievance hearings v Disciplinary Hearings
#Employment

The Employment Appeal Tribunal (EAT) has held in Samuel Smith Old Brewery (Tadcaster) v Marshall and another EAT/0488/09 that it will only be in rare circumstances that it is unfair to dismiss an employee after a disciplinary hearing prior to holding a related grievance appeal hearing....

Apr
29
2010

Relating religious doctrine to modern society
#Employment

The Relate counsellor who was dismissed for refusing to give sex therapy to gay couples has today been refused permission to appeal the decision of the EAT which held that his dismissal was neither religious discrimination nor unfair....

Apr
23
2010

Simply Whistleblowing
#Employment

It has been established in the case of Goode v Marks & Spencer that an expression of an employer`s opinion about a proposal, after consultation, does not amount to a qualifying disclosure....

Apr
23
2010

Disciplinary v Grievance
#Employment

ACAS provides guidance on disciplinary and grievance procedures, which can be found on their website www.acas.org.uk However, what happens when the two procedures run in tandem with each other? Is an employer to conclude one procedure before making a decision on the other?...

Apr
20
2010

EIN Survey of Election Manifestos
#Environment

The EIC Environmental Investment Network, Clarkslegal`s partnership with The Environmental Industries Commission has just completed a survey of the policies proposed by each of the three major political parties prior to the 2010 General Election....

Apr
19
2010

Volcanic Ash - a good reason for an extended holiday?
#Employment

Lots of people are currently enjoying an extended holiday thanks to the effect volcanic ash has had on flights in and out of the country. However, the problem raises various issues for employers regarding holiday and pay....

Apr
14
2010

Or perhaps yellow is your colour? The Lib Dems Employment Pledges
#Employment

Following on from yesterdays blog, the Liberal Democrats have now set out their 2010 election manifesto....

Apr
13
2010

Red or Blue? You decide.
#Employment

Over the past two days, the Labour Party and the Conservative Party have published their manifestos, containing the pledges they promise to make if their party is voted into power following the genral election on 6 May 2010....

Apr
12
2010

Improved Permitted Development Rights for Non-Domestic Development
#Inward Investment

An amendment to the Town and Country Planning (General Permitted Development) Order, applicable to England only, has come into force on 6 April....

Apr
08
2010

2010 Budget - Stamp Duty Land Tax Implications on Residential Property
#Real Estate

The Government announced a new Stamp Duty Land Tax (SDLT) rate of 5% for purchases of residential property where the consideration exceeds £1m. The effective date of this change will be on or after 6 April 2011. In this respect "the effective date" means the date of legal completion....

Apr
08
2010

Wills and Estate planning issues
#Real Estate

Previously Wills often included a clause incorporating a discretionary trust (‘the NRB Trust`) in which the NRB could be held. The beneficiaries of such trust would include the surviving spouse and family....

Apr
07
2010

Employees to be protected from caste discrimination
#Employment

Observers argue that caste based discrimination is a serious problem facing Asian communities in the UK. A report published by the Anti Caste Discrimination Alliance found that more than half of those from traditionally lower-status Asian backgrounds have found themselves victims of prejudice and abuse. Nine per cent of respondents felt that they had been passed over for promotion and ten per cent said that they had been paid less because of their caste. A further five per cent said they had experienced threatening behaviour because of their caste....

Apr
07
2010

Lessons from Lulu the Dog
#Employment

The case of BSkyB Limited v EDS (now HP Enterprise Services UK Limited) was not under the radar of employment lawyers or HR professionals as, on the face of it, it seemed to have no relevance in the employment sphere. However, the judgment released in January 2010, which I am told by my colleagues in our Commercial and Technology department was awaited with bated breath in the IT sector, raises some interesting and topical employment themes which serve to encourage organisations to review their recruitment procedures....

Apr
07
2010

Budget 2010 - Key issues for HR
#Employment

Budget 2010 - Key issues for HR Confirmation that the government is considering scrapping the default retirement age or raising it - a final decision is expected in the summer. The national minimum wage will rise from the current £5.80 an hour in October by 2.2 per cent to £5.93 an hour....

Apr
07
2010

Christian Nurse refusing to remove crucifix at work loses discrimination claim
#Employment

A Christian nurse, who was moved to a desk job after refusing to remove her crucifix while at work, has lost her discrimination claim....

Apr
07
2010

Will fit notes reduce absence levels in the workplace?
#Employment

Only 22% of employers believe that the introduction of Statements of Fitness for Work, commonly known as "Fit Notes", will reduce levels of absence in their workplace. This was the finding of a survey of 1,400 private and public sector employers conducted by Kronos, the workforce management consultancy....

Apr
07
2010

BA accused of "union busting" by academics
#Employment

The withdrawal of valuable travel perks by BA for striking cabin crew and the hard hitting comments of Chief Executive Willie Walsh that once lost, they will never be restored, serve to confirm that the current industrial dispute appears to be rather different from previous disputes involving BA staff, including cabin crew. A group of 95 academics say in a letter to the Guardian that Willie Walsh`s actions and comments can only be explained as an attempt to "break" the union, something which BA strongly denies. UNITE say BA are victimising strikers for taking part in lawful industrial action and that they are taking legal advice, not for the first time in this dispute....

Apr
07
2010

Employers must consider whether Jobcentre vacancies can be advertised as available for flexible or part-time working
#Employment

The Government has released its response to the Family Friendly Taskforce report, which was published last month, noting that employers need more help realising the benefits of flexible working to their business....

Apr
06
2010

Spring has Sprung! New legislation in force
#Employment

Change is in the air (as well as pollen!). No less than 8 new pieces of employment legislation are now in force as of 6 April 2010. Some will have a more immediate impact than others:...

Apr
06
2010

Community Infrastructure Levy - An Outline
#Inward Investment

Community Infrastructure Levy (CIL) was introduced in the Planning Act 2008 as a levy on development to provide funding for infrastructure to serve development across the area of the charging authority rather than the infrastructure directly required for that individual development. It replaces the proposal, at the Bill stage of the Act, to charge a tax on the increase in development value resulting from the grant of planning permission, to be called Planning Gain Supplement. Liability to CIL will derive from the grant of planning permission....

Page 107 of 110