Clarkslegal LLP - Solicitors in Reading and London

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Dec
22
2016

Medical Evidence Myth Busting
#Employment

Psychiatric illness, such as depression, may come as a consequence of unfair or discriminatory treatment by another employee or their employer. In Hampshire County Council v Wyatt, the EAT held that such injury does not have to be evidenced by expert medical reports (although it is strongly advised)....

Dec
22
2016

Workplace stress, on its own, is not a disability
#Employment

In Herry v Dudley MBC the EAT was asked to consider if stress amounted to a disability under the Equality Act. Further, it was asked to consider if the Tribunal had fully considered the Claimant’s ability to pay when ordering him to pay all the Respondent’s costs (in excess of £100,000)....

Dec
16
2016

Keep this between you and me…and the Tribunal
#Employment

Protected conversations were introduced to allow employers to have an “off the record” discussion with an employee concerning their exit. Evidence of pre-termination negotiations is inadmissible in ordinary unfair dismissal claims unless there is improper behaviour. Unfortunately for the employer in Lenlyn UK Ltd v Kular, they discovered this exception the hard way....

Dec
14
2016

Trade Union Act – Regulations on ‘important public services’ published
#Employment

As reported back in May, the Trade Union Act 2016 introduces new requirements relating to balloting for industrial action. In particular, such ballots will require a 50% turnout and, for important public services, a 40% supporting vote before industrial action can be taken....

Dec
13
2016

Employee Travel Disruption and Worker Rights
#Employment

With the news regarding the widespread disruption to public transportation around London as a result of the industrial action by Southern Rail drivers, important questions arise:...

Dec
12
2016

Construction in 2017: The Building Bricks for Success?
#Construction

With the New Year round the corner, we look ahead to 2017 and pick out four of the key themes we expect to be reading and writing about, with a recap on where we are now....

Dec
12
2016

Construction Update December 2016
#Construction

David Rintoul Partner and Head of Construction at Clarkslegal reviews the latest news...

Dec
09
2016

Police Force entitled to set upper age limit in recruitment
#Employment

In the recent case of Gorka Salaberria Sorondo v Academia Vasca de Policia y Emergencias the European Court of Justice determined that the imposition of an upper age limit of 35 years for new recruits to Basque Police Force was not in contravention to EU law....

Dec
09
2016

Review launches into ‘modern employment practices’
#Employment

The news is awash with stories of how companies treat their staff, whether it’s delivery drivers working as self-employed contractors, university lecturers ...

Dec
09
2016

Gender Pay – The Revised Regulations and what to do now
#Employment

This week the Government has laid its revised Gender Pay Gap Regulations before Parliament for approval (the “Regulations”). It is expected that the Regulations will be passed by the end of January and come into force in April 2017....

Dec
09
2016

Off the naughty list? Company not liable for injuries caused by employee after work Christmas party had ended
#Employment

In the recent case of Bellman v Northampton Recruitment Ltd, the High Court held that a company was not vicariously liable for an assault by its director on an employee which took place after the employer’s Christmas party had ended when the two individuals, along with other employees, went back to a hotel to continue drinking....

Dec
08
2016

Christmas plans and the Chancellors first and last autumn statement
#Private Client

The chancellor delivered his first and last autumn statement on the 23rd November. Following the major changes announced to Inheritance Tax earlier in the year, this statement was quite light on material from a private client perspective....

Dec
06
2016

Improving Lives: A Work and Health Plan to Help Disabled People into Employment
#Employment

Whilst the rate of employment for the non-disabled population is currently 80%, only 48% of disabled people are in employment. ...

Dec
06
2016

Autumn Statement
#Employment

Last week the Chancellor of the Exchequer, Philip Hammond, gave his first Autumn Statement....

Dec
06
2016

New Sanctions to Enforce National Minimum Wage/National Living Wage
#Employment

On 25 November 2016, two new sanctions came into force which can be used by HMRC where it finds a failure to pay the applicable rate of National Minimum Wage/National Living Wage....

Dec
02
2016

Tech City reports a surge in applications for Exceptional Talent endorsements
#Immigration #Entrepreneurs & Start-Ups

Tech City reported a huge increase in applications for visas that allow non-EEA tech workers to work in “exceptionally talented” roles in the UK. ...

Dec
02
2016

When are directors liable for their company’s acts?
#Directors' Duties #Dispute Resolution

Companies have limited liability. Does this mean that their directors can never be liable for the acts of the companies? This was the question before the Court in Victoria Plum Limited -v- Victoria Plumbing Limited & Others. ...

Nov
25
2016

Implied terms can’t save a contract that doesn’t exist
#Dispute Resolution #Commercial

The Court is frequently asked to determine whether an estate agent is entitled to commission. Most commonly, such cases involve a dispute over who ...

Nov
25
2016

No cuts to restrictive covenants
#Dispute Resolution #Corporate

Restrictive covenants are commonplace in both business sale agreements and employment contracts. Claims based on such covenants invariably turn on whether ...

Nov
25
2016

Dishonesty in the workplace
#Employment

You may have seen in the news the case of Mrs Wood, a senior nurse, who recorded her colleague’s temperature on a screening form at Heathrow Airport as 37.2C despite knowing it to be at least one degree higher. ...

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