Clarkslegal LLP - Solicitors in Reading and London

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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 #Outsourcing & Supply Chain #Supply Chain Governance

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....

Oct
16
2015

Sleeping time when on call and living on site not subject to minimum wage
#Employment

The EAT has confirmed that an on-call night worker who lives at his place of work is only entitled to the National Minimum Wage for the time he is actually awake and carrying out his employment duties....

Oct
16
2015

Failure to give notice of redundancies can lead to unlimited criminal fines and disqualification from office
#Employment

It has been reported this week that the Chief Executive of Sports Direct, Dave Forsey, is to face criminal charges for the failure on the part of a company of which he was company secretary, to inform the Department for Business, Innovation and Skills (BIS) of proposed redundancies. The case serves as a timely reminder of how the mishandling of collective redundancies, typically in an insolvency situation, can land company directors/secretaries and company insolvency practitioners with criminal fines and disqualification from office....

Oct
13
2015

Transfers of Personal Data from EU/EEA Countries
#Corporate #Commercial

On 6 October this year, the European Union’s judicial body, the Court of Justice (ECJ), ruled, in the case of Schrems v [Irish] Data Protection Commissioner, that the “Safe Harbour” agreement between the US and the EU, which has allowed personal data to be transferred legally between EU countries and the US for 15 years and which some 4,000 US companies currently rely on, is invalid. ...

Oct
12
2015

New Consumer Rights Act 2015
#Dispute Resolution

The Consumer Rights Act 2015 which came into force on 1 October 2015 marks one of the biggest overhauls of consumer law in recent years. The aim of the new Act is to make the law clearer and easier to understand. ...

Oct
12
2015

Why owners of overseas properties in Europe should review their Wills following the introduction of the Brussels IV (EU Succession Regulation)
#Private Client

The Brussels IV regulations have recently been introduced and affect all those owning property overseas in any of the 27 EU member states other than Denmark, Ireland and the UK....

Oct
12
2015

When is a collateral warranty a ‘construction contract’?
#Construction

In Parkwood Leisure Limited v Laing O’Rourke Wales and West Limited [2013] the TCC held that the parties’ collateral warranty was a construction contract within the meaning of section 104 of the Housing Grants, Construction and Regeneration Act 1996 (as amended) (the “HGCRA”)...

Oct
09
2015

Shared parental leave and pay to be extended to working grandparents
#Employment

At the Conservative Party conference this week the Chancellor announced that the Government will extend shared parental leave and pay to working grandparents, to increase flexibility and choice in parental leave arrangements....

Oct
09
2015

Failure to provide medical information during recruitment
#Employment

The Glasgow bin lorry crash has raised some serious questions about the medical information that should be provided by individuals applying for a new job....

Oct
05
2015

Business Rates – What a Relief!
#Real Estate

Some long awaited news on the future of Business Rates was today revealed by George Osborne at the Conservative Party conference....

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