Clarkslegal LLP - Solicitors in Reading and London

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Jul
29
2015

Health watchdog investigates NHS trust following sexual harassment case
#Employment

A tribunal has ruled that an NHS chief unfairly dismissed an employee after she refused his advances. The claimant managed the HR department at Derbyshire Healthcare NHS Foundation Trust, and had a strong working relationship with the defendant, regularly meeting up with him to discuss work over lunch....

Jul
29
2015

Tier 2 up for review - your chance to have a say
#Immigration

Tier 2 visas are the main route for skilled workers from outside the European Economic Area (EEA) to come to work in the UK....

Jul
28
2015

Landowner obligations in respect of tenant’s waste and fly-tipping
#Real Estate

Figures suggest that fly-tipping – the illegal deposit of waste – is on the up after years of decline, with a 20% increase in fly-tipping since 2012/13. A costly concern for landowners, it is estimated that fly-tipping on private land costs of as much between £50m and £150 million to clear up each year. This note, gives a brief overview of some of the issues to aware of ....

Jul
27
2015

Historic Rent Reviews: A Warning for Tenants
#Real Estate

We have recently been asked whether a landlord is able to operate historic rent reviews. The lease in question was a lease granted in 1999 for a term of 15 years, expiring at the end of December 2013 and within the protection of the renewal provisions of the Landlord and Tenant Act 1954. The tenant is still in occupation, holding over under the 1954 Act....

Jul
27
2015

National Living Wage: first national retailer joins campaign
#Employment

Ikea is leading the way in the campaign for a National Living Wage, becoming the first large national retailer to announce plans to comply with the new rates....

Jul
27
2015

Justice Committee launches inquiry into the effects of court and tribunal fees
#Employment

The Justice Committee, consisting of 11 cross party MPs is conducting an inquiry into the impact of tribunal fees introduced for claims submitted on or after 29 July 2013....

Jul
27
2015

Monthly cap on Tier 2 visas continues to be exceeded
#Immigration

Last month we blogged about news that the cap on the number of Tier 2 visas for skilled migrant workers was reached for the first time....

Jul
23
2015

Continued expansion of Clarkslegal’s Construction and Procurement Group
#Construction

Clarkslegal’s Construction team is pleased to confirm the recent recruitment of Victoria Kempthorne, a newly qualified solicitor, and Stanley Kamalu, a paralegal/trainee, to their ever-expanding team of construction, engineering and energy professionals....

Jul
22
2015

Surely it can’t mean that?
#Dispute Resolution

Two recent cases, one in Supreme Court and the other in the High Court give an interesting illustration of the approach taken to interpret a contract. Although in each case the court applied the same legal test, it reached the opposite result. ...

Jul
20
2015

When does an agreed liquidated damages clause go too far and become a penalty?
#Construction

Liquidated damages clauses are commonly used in construction contracts as a solution to deal with specified breaches. However, the courts have refused to enforce liquidated damages which are deemed to be a penalty....

Jul
17
2015

Trade Union Bill: biggest changes to strike laws in 30 years
#Employment

This week the Government announced the new Trade Union Bill 2015, which will be highly controversial, including the biggest changes to industrial action law since the 1980s....

Jul
17
2015

Gender pay gap reporting: consultation underway
#Employment

This week’s other big news on the employment front has been the Government’s launch of a consultation on legislation on gender pay gap reporting. This will close on 6 September 2015....

Jul
17
2015

Sick employee can choose not to take holiday leave and postpone it, but not indefinitely.
#Employment

In relation to sickness and holiday leave, an issue which sometimes arises is whether an employee on sick leave has to demonstrate that he was unable by reason of illness to take holiday for it to be carried forward. Another question is whether there is an unlimited right to carry forward....

Jul
14
2015

Summer Budget 2015 – Changes to the Inheritance tax rules
#Private Client

George Osborne has confirmed that the inheritance tax threshold will rise for married couples who want to pass on wealth to their children and direct descendants. ...

Jul
10
2015

National Living Wage - what are the implications?
#Employment

This week’s huge news is the announcement by the Chancellor of a new “National Living Wage” which will effectively replace the National Minimum Wage for workers over the age of 25....

Jul
10
2015

How much pay should be deducted from striking workers?
#Employment

If you have been one of the many commuters stuck this week because of the rail and tube strikes, you may be heartened to learn that in a recent case, the Court of Appeal took a robust approach on the issue of how much pay an employer can withhold from a salaried worker....

Jul
10
2015

Challenge to procurement process brought more than a year after the event
#Public Procurement

The recent case of Medicure v Minister for the Cabinet Office was unusual in two key respects. First, it involved a challenge to a procurement process which was brought some seventeen months after the framework agreement had been concluded. Further, the claimant company bringing the challenge had in fact been successful in obtaining a place on the framework....

Jul
08
2015

Private Parking – Court of Appeal Upholds Penalty
#Real Estate

The balance between private landowners and motorists in the parking arena has shifted in recent years. The Protection of Freedoms Act 2012 (the 2002 Act) brought in by the Coalition government outlawed private clamping but permitted landowners to obtain the details of the registered keepers of vehicles from the DVLA. ...

Jul
07
2015

Unfair prejudice: what does it really mean to shareholders?
#Corporate

In assessing whether unfair prejudice has occurred, the courts will look at the facts objectively and, as a starting point, will examine the basis upon which the ‘aggrieved’ shareholder agreed to become a member of the company, i.e. looking at the articles of association and any formal agreements between the shareholders....

Jul
06
2015

BSRIA Diamond Group Forum
#Construction

I attended an event last month hosted by the Building Services Research and Information Association (BSRIA), in which industry leaders (and me!) gathered to discuss a couple of pertinent questions for the construction industry:...

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