Clarkslegal LLP - Solicitors in Reading and London

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Nov
25
2015

Incorporating best practice in the procurement process
#Public Procurement

Countries within the Commonwealth are subject to a diversity of legal frameworks, rules and regulations. Certain organisations (such as central and local government) based in countries within the European Union (“EU”) are subject to stringent legislation in terms of how a public contract should be procured. For organisations based outside of the EU, the legal framework may be less specific and thought therefore needs to be given as to the process adopted for procuring a public contract....

Nov
23
2015

Ex-City Link Directors cleared of criminal offence for failing to notify BIS of large-scale redundancies
#Employment

City Link was placed into administration on 24 December 2014, resulting in the loss of over 2000 jobs. Employers planning to dismiss between 20 and 99 staff or more staff at one location must notify BIS in writing 30 days in advance. Employers planning to dismiss 100 or more staff at one location must give BIS 45 days’ written notice. Failure to notify BIS in this way is a criminal offence, for which the maximum fine is currently £5,000....

Nov
23
2015

Who will pay for the National Living Wage?
#Employment

Earlier this month we blogged about the National Living Wage (“NLW”), which is expected to come into force in April 2016 for all workers aged 25 and above. Minimum hourly pay for those workers will increase from £6.70 to £7.20 and it’s envisaged that the NLW will increase over the coming years to reach a target of £9.00 per hour by 2020....

Nov
16
2015

Partner David Rintoul strengthens relations with TAG Alliances at TAGLaw International Conference in Los Angeles
#Clarkslegal

Clarkslegal’s international legal alliance, TAGLaw, recently held its 33rd international conference from 26-28 October in Los Angeles, attended by our Partner, David Rintoul. Also in attendance at the conference were members of TAGLaw’s affiliate alliances, TIAG® (The International Accounting Group) and TAG-SP™. All three alliances are collectively known as the TAG Alliances™....

Nov
13
2015

Work social: dismissal for punch to face was fair despite only final warning for colleague's extremely violent threats
#Employment

The recent case of MBNA Ltd v Jones demonstrates that differential treatment of employees in misconduct situations will not necessarily amount to an unfair dismissal. ...

Nov
13
2015

Government clamp down on "off-payroll" workers
#Employment

We reported on the Government’s proposal to clamp down on false self employment last year. Since that announcement, the Ministry of Defence was, earlier this year, fined £1m for failing to seek assurance from a number of workers on their tax arrangements. The Department of Health was also fined £470,740 because two of its board members were off-payroll for over a year....

Nov
11
2015

Marking of Public Tenders criticised by Court
#Public Procurement #Dispute Resolution

One of the most interesting procurement decisions to come out of the court in recent months is that of Woods Building Services v Milton Keynes Council. ...

Nov
09
2015

Penalty Clauses in Contracts - all change after 100 years
#Dispute Resolution

It is common to see clauses in commercial contracts which seek to fix the damages which will be payable if one party breaches their contractual obligations. Sometimes the figures will be broadly what the parties would expect the financial loss caused by the breach to be. In other cases, the figures will be widely excessive and the suspicion will be that the person drafting the contract was seeking to impose an additional incentive on the other party to comply with the terms of the contract to avoid being heavily penalised....

Nov
06
2015

Government drops key proposed changes to strike and picketing laws in Trade Union Bill
#Employment

On 15 July 2015, the government published the Trade Union Bill 2015-16 and published a Consultation on tackling intimidation of non-striking workers to seek views on proposed reform of the law relating to picketing and protests in order to address intimidation and so-called "leverage tactics" by unions....

Nov
06
2015

Cap on public sector exit payments at £95,000 to go ahead - but not for unfair dismissal
#Employment

The response this week to the public sector exit payments consultation indicates that powers to introduce the cap will be included in the Enterprise Bill, with the details to be dealt with in subsequent regulations....

Nov
06
2015

National Living Wage will cost large employers an extra £11m each by 2020
#Employment

As the implementation of the mandatory National Living Wage in April 2016 looms nearer, employers are starting to assess the financial costs of this. However, despite the direct increased costs of salaries within the workforce, a number of benefits for employers may also result....

Nov
06
2015

Inheriting ISAs
#Private Client

ISAs are tax efficient wrappers that shelter investments from income tax and capital gains tax. Previously, all monies or investments held in an ISA wrapper had to be transferred out of that wrapper on death before being transferred to a beneficiary. That beneficiary then only had their personal ISA allowance available to them when reinvesting the funds previously held in the deceased’s ISA....

Nov
02
2015

When is an agent entitled to commission?
#Dispute Resolution

It is common, particularly following termination of an agency agreement, for agents and principals to become involved in disputes over the commission which the agent is entitled to be paid. ...

Nov
02
2015

The impact of the CDM 2015 and the principal designer role after the end of the transition period
#Construction

The six month transition period for the Construction (Design and Management) Regulations 2015 (“CDM 2015”) ended on 6 October 2015 and this signifies the dawn of a new focus on design as the key to health and safety operation on construction projects. ...

Oct
30
2015

Supply chain transparency: Modern Slavery statements now in force, check your year end date.
#Employment

Section 54 of the Modern Slavery Act requiring commercial organisations, with a certain minimum turnover, to prepare a slavery and human trafficking statement for each financial year came into force yesterday, 29 October 2015....

Oct
30
2015

Bonuses to be included in Gender Pay Gap reporting
#Employment

David Cameron has announced this week that gender pay gap reporting will be extended to include the public sector and bonuses....

Oct
30
2015

David Cameron launches "blind CV" initiative
#Employment #Public Sector

The Prime Minister has announced this week that private and public sector employers have signed up to recruit graduates on a “name blind” basis....

Oct
27
2015

What happens to a sublease when the headlease is surrendered and what is the position when the headlease is forfeited or disclaimed?
#Real Estate

Where a headlease is surrendered the intermediate tenant under the headlease falls away and the tenant under the sublease becomes the direct tenant of the superior landlord. This means that the premises will continue to be occupied by the tenant on the terms of the sublease....

Oct
23
2015

Cleaners facing disciplinary action after asking the Government to consider paying the Living Wage
#Employment

14 cleaners allege that they are being subjected to disciplinary action over a letter they sent to Philip Hammond (Secretary of State for Foreign and Commonwealth Affairs) asking to discuss the Living Wage....

Oct
23
2015

Guidance on zero-hours contracts
#Employment

Back in May, we reported that the provisions in the Small Business, Enterprise and Employment Act 2015 that make exclusivity clauses in zero-hours contracts unenforceable had come into force....

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