Clarkslegal LLP - Solicitors in Reading and London

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Mar
24
2015

Zero hours - anti avoidance measures confirmed
#Employment

The Government has confirmed the measures that it intends to take to tackle avoidance of the forthcoming ban on exclusivity clauses in zero-hours contracts. There will be new protection from detriment for zero-hours contract workers who take jobs under other contracts and a minimum income level below which exclusivity clauses will be unenforceable....

Mar
20
2015

Clarkslegal re-appointed to Carillion’s legal panel
#Clarkslegal

Clarkslegal has been successfully re-appointed to the legal network panel of Carillion plc, one of the UK’s leading integrated support companies....

Mar
19
2015

Enforced subject access requests now a criminal offence
#Employment

The UK Information Commissioner’s Office (“ICO”)has produced guidance on the new law surrounding enforced subject access requests. A copy of the that guidance may be found here. Employers seeking to obtain details of an existing or future employee’s criminal history must now do so through the correct channel. ...

Mar
19
2015

A glass of wine at Starbucks? Is diversification the answer for retailers?
#Real Estate

It is not a new idea for retailers to seek to diversify their consumer offering in an attempt to encourage consumer activity. Sometimes it succeeds and sometimes it fails....

Mar
19
2015

TUPE: service provision change can occur where there is a group of clients with a common intention
#Employment

The EAT has considered for the first time the issues of whether the references to "a client" and "the client" in regulation 3(1)(b) of TUPE (which defines a service provision change) can cover "clients" in the plural. The employment tribunal held that it does not....

Mar
19
2015

Clarkslegal’s Legal Alliance Recognised as “Elite” in International Rankings
#Clarkslegal

Clarkslegal’s international alliance, TAGLaw®, was recently ranked by Chambers & Partners as an “Elite” legal alliance in the publication’s annual Global rankings guide. As an independent member of TAGLaw, Clarkslegal can provide its clients with access to high quality legal, accounting and financial representation around the world....

Mar
18
2015

What does the 2015 Budget mean for businesses?
#Employment

Today George Osborne released the budget for 2015 and announced ‘the rich will pay the most’. He stated that £30bn worth of savings must be found, however insisted that the UK economy was improving and that “the sun is shining on Britain”. Here we look at the main points of the budget likely to affect businesses and employees....

Mar
18
2015

UKIP's plans for race discrimination law
#Employment

With the general election looming, Mr Farage probably considers it a less than ideal time to become embroiled in a war of words with Channel 4. According to Channel 4, Mr Farage confirmed in an interview last autumn that he would scrap “much of” race discrimination law....

Mar
16
2015

Supporting skills development in Malaysia
#Clarkslegal

Forbury People are collaborating with Clarkslegal and The CEIP on an initiative aimed at strengthening the Malaysian university system. Four Malaysian university Vice Chancellors are currently in the UK undergoing placements with host companies who have kindly agreed to give up their time to support our initiative....

Mar
12
2015

Resignation which amounts to constructive dismissal does not fall within the meaning of harassment
#Employment

Where an employee is subjected to separate acts of harassment, can an employee’s subsequent resignation also amount to an act of harassment? The Employment Appeal Tribunal (“EAT”) recently had to consider this issue in Timothy James Consulting Ltd v Wilson [2015] UKEAT 0082/14....

Mar
11
2015

Forbury People welcomes Malaysian academics to the UK
#Clarkslegal

Four Malaysian academics, all Vice Chancellors from top Malaysian Universities, have just arrived in London and Forbury People has been instrumental in bringing them to the UK. Here for four weeks, they are funded by the Malaysian government to observe UK business practice. Forbury People is collaborating with a top Malaysian Talent Management company and we have arranged for them to be hosted by a range of UK businesses for their professional development....

Mar
11
2015

Payment for Consultancy Services Rendered in Expectation of Appointment
#Construction

As is quite often the case in relation to building developments, a consultant will provide preliminary services to the developer in expectation of being awarded a contract to provide consultancy services for the entire project. In such circumstances, it can be difficult to ascertain who is liable for the cost of the consultant’s initial services, if the anticipated contract does not materialise....

Mar
05
2015

Withholding bonuses may constitute disability related discrimination
#Employment

It is important when deciding the criteria for bonus entitlement or when scoring employees during a redundancy exercise, that due consideration is given to whether an employee has been absent from work due to their disability....

Mar
05
2015

Senior executives and gross misconduct: do they have to get notice pay?
#Employment

In light of the controversy surrounding the payouts made to two former Tesco directors, there have been further calls , including from the City, for the notice periods in senior executives contracts to be reduced....

Mar
03
2015

“Call us now if you have been involved in a car accident recently.....” TOUGHER PENALTIES FOR SPAMMERS?
#Commercial

Unless you have no mobile phone or internet access, in which case you are probably unlikely to be reading this, you will be in a very small minority if you haven’t received a text message of this kind, or perhaps an automated call about PPI claims or some other “entitlement”. What these communications have in common is that they are almost always unsolicited, unwanted and very difficult to do anything about because the identity of the sender is either disguised or undisclosed, or there is no effective way given to opt out....

Feb
27
2015

A single employee can be "an organised grouping of employees" for TUPE purposes, Court of Appeal confirms
#Employment

The Court of Appeal has given some useful guidance on when employees transfer under TUPE in a service provision change scenario: Rynda (UK) Ltd v Rhijnsburger [2015] EWCA Civ 75. This was a case concerning the transfer of a single employee....

Feb
26
2015

Court of Appeal guidance on misconduct dismissals: how far does an employer's investigation have to go?
#Employment

When dealing with misconduct allegations, do you find that employees sometimes seek to provide explanations that are so hard to disprove or could require many weeks of investigation, that you feel like you have to give up on the matter, rather than risk a tribunal claim? Some recent guidance from the Court of Appeal...

Feb
24
2015

GMB discriminated against union member because of his left wing socialist beliefs
#Employment

In a case involving Ed Miliband, the GMB is appealing a judgment by an employment tribunal that it unlawfully discriminated against a GMB member and who worked for the union for his “left-wing democratic socialist beliefs”. The case, reported in The Times this week, is not the first case where such a political belief has been found to constitute a belief protected under the Equality Act....

Feb
24
2015

General flexibility clause could not be relied on to unilaterally vary contract
#Employment

The EAT has overruled a tribunal decision that the National Audit Office was entitled to rely on a general right to vary clause to reduce employees' entitlements without their consent....

Feb
24
2015

Is there a "right to strike"? Unions call for action ahead of ILO meeting
#Employment

There will be a very important international meeting next week, which could impact on UK strike laws in the longer term, dealing with the key question, “ Is there a right to strike?” The meeting, at which representatives of various governments, unions and employers organisations will be attending, including the CBI, will be at the United Nations in Geneva, where the UN agency for labour standards, the International Labour Organisation, meets. Clarkslegal attends the ILO’s annual conference on behalf of the CBI....

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