Clarkslegal LLP - Solicitors in Reading and London

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May
15
2015

European Court of Justice confirms Woolworth's decision in Northern Ireland case
#Employment

The European Court of Justice has confirmed its approach in the Woolworths case in a further judgment of the ECJ handed down this week in Lyttle and others v Bluebird UK Bidco 2 Ltd (C-182/13). ...

May
15
2015

The new Conservative Government's employment law plans
#Employment

So, after the excitement of the General Election last week, what does the new Conservative Government have in store on the employment law front?...

May
11
2015

Managing Partner David Rintoul attends TAGLaw International Conference in Scotland
#Clarkslegal

Clarkslegal’s international legal alliance, TAGLaw’s, recently held its 32nd international conference in Edinburgh, attended by our Managing Partner, David Rintoul. The conference, which took place on May 4-6, 2015, provided TAGLaw® members with the opportunity to strengthen the relationships they create within the alliance of more than 150 law firms from around the world. ...

May
11
2015

Careful now – what is the extent of a professional consultant’s duty to warn?
#Construction

The recent Goldswain case gave the High Court the opportunity to summarise the relevant case law relating to the extent of a consultant’s duty to warn its client in relation to the potential failings of other parties or of the client itself....

May
07
2015

Sexually harassed employee awarded £19,500
#Employment

An Employment Tribunal has awarded a zero-hours worker £19,500 for injury to feelings. It was found that the employer had failed to take all reasonable steps to prevent sexual harassment by the employee’s line manager....

May
07
2015

British Gas files appeal in Lock holiday pay case
#Employment

On 26 March 2015, we reported the employment tribunal decision in the Lock v British Gas case, which followed on from the European Court of Justice decision in the matter last year....

May
06
2015

Websites from Hell
#Crisis Management #Dispute Resolution

The recent case of Rada-Ortiz v Espinosa-Vadillo is welcome news for employers and others dealing with the actions of a disgruntled ex-employee....

Apr
30
2015

Woolworth's case: ECJ upholds UK law in welcome decision for employers
#Employment

In a much welcomed decision for employers, the European Court of Justice in the Woolworths/Ethel Austin case has followed the decision of the Advocate General which we reported on 6 February 2015 (Advocate General's opinion in Woolworths' case: employers now optimistic that consultation decision will be overruled)....

Apr
30
2015

Rent Deposits – A brief overview
#Real Estate

A rent deposit is money provided by a tenant to its landlord as security for payment of the rent and performance of the tenant’s covenants contained in the lease. A rent deposit deed will specify the circumstances in which the landlord can draw on this money and the conditions that must be satisfied for the deposit to be repaid to the tenant. ...

Apr
24
2015

Hinduja Group President confirms India is open for business
#Clarkslegal

This Wednesday, April 22nd, Clarkslegal and James Cowper Kreston successfully co-hosted their ‘Trading with India: The Hinduja Group Perspective’ event at the University of Reading, where they were delighted to be joined by keynote speaker Abhijit Mukhopadhyay, President (Legal) & Company Secretary of the Hinduja Group....

Apr
24
2015

Build! Build! Build! (and other real estate election pledges)
#Real Estate

Last week saw the launch of five of the main UK political party manifestos. Rarely read in detail by the voting public these tomes are often used to set out headline grabbing promises in the hope that they may sway the floating voter. ...

Apr
23
2015

Employers must remember to take tribunal fees into account when seeking settlement
#Employment

In a recent employment tribunal case, the claimants were represented by UNISON appointed solicitors in a claim against three respondents for alleged failure to consult under TUPE. When their claim form was submitted, the claimants' solicitor paid the £1,000 issue fee. The claimants each entered into a loan agreement with UNISON to advance a sum to them equal to the tribunal fees. This was repayable in the event that their claim, or part of it, succeeded in the tribunal....

Apr
23
2015

TUPE "Acquired Rights" Directive may merge with Collective Redundancy and Information and Consultation Directive
#Employment

It may not get much of a mention in the general election debates concerning Europe or employment matters but this month the European Commission launched a public consultation with the workers and employers representatives at EU level in order to obtain their views on the possible consolidation of the EU Directives on collective redundancies (Directive 98/59EC), transfer of undertakings (Directive 2001/23/EC) and information and consultation of workers (Directive 2002/14/E...

Apr
23
2015

Bangladesh UK Environmental Foundation launches in Cardiff
#Clarkslegal

A new trust, the Bangladesh UK Environmental Foundation (BUEF), was launched in Cardiff on Monday 20th April. BUEF believes it will be the only UK charitable trust specifically focused on environmental issues in Bangladesh, and aims to raise funds to support relevant projects and activities for public benefit. BUEF has lodged an application to the Charity Commission to be registered as a UK charity....

Apr
22
2015

Is tackling loneliness your cup of tea?
#Clarkslegal

Last Sunday, April 19th, Clarkslegal’s nominated charity Contact the Elderly celebrated their 50th anniversary, with almost 10,000 volunteers and elderly guests meeting for afternoon tea nationwide. ...

Apr
16
2015

Some guidance on dismissals for "some other substantial reason"
#Employment

The decision to dismiss an individual must fall within one or more of the five statutory potentially fair reasons. These are, conduct, capability, illegality, redundancy and some other substantial reason (“SOSR”). Examples falling into the last category include, personality clashes, pressure from third parties and breakdown in trust and confidence. It is ultimately a decision for the Tribunal as to whether a decision to dismiss amounts to SOSR....

Apr
16
2015

Would you vote for Labour's "Granny leave" or the Conservatives' "Volunteering leave"?
#Employment

Last week, the Conservatives unveiled its election manifesto commitment for employees of large employers to be allowed to take three days paid “volunteering leave” a year to carry out charitable or other volunteering work. This week, Labour is announcing its plans for up to 18 weeks unpaid leave for grandparents to look after their grandchildren....

Apr
10
2015

Whistleblowing in relation to a group of staff was "in the public interest"
#Employment

The EAT has found that a disclosure can be made in the “reasonable belief that it is in the public interest" even if it relates only to a group of staff as a whole rather than the wider public. The EAT stated that an individual contractual dispute would not normally satisfy the public interest test but a disclosure relating to a relatively small group of people may do so; what is sufficient is necessarily fact-sensitive. ...

Apr
10
2015

Stress at Work - when is psychiatric injury foreseeable?
#Employment

In a personal injury claim, when is an employer liable for psychiatric illness caused by occupational stress? In a judgment this week, a court has upheld the leading authority of Hatton v Sutherland [2002], which confirms that it is a high hurdle for an employee to get over to demonstrate that psychiatric injury was reasonably foreseeable....

Apr
02
2015

Shared Parental Leave - The top ten things you must remember
#Employment

Much has been written about Shared Parental Leave (SPL) in recent months, but now it is here! SPL can be taken by an employee who has a baby due on or after 5 April 2015, or a child placed for adoption on or after 5 April 2015....

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