Clarkslegal LLP - Solicitors in Reading and London

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Jan
14
2015

UNISON loses High Court challenge to employment tribunal fees
#Employment

The High Court this week handed down its judgment in Unison's second application for judicial review to challenge the employment tribunal fees system. The challenge was, again, unsuccessful....

Jan
14
2015

News Flash - Holiday Pay
#Employment

BIS has just announced the Government will make changes to regulations under the Employment Rights Act 1996 that will mean that claims to Employment Tribunals cannot stretch back further than 2 years. ...

Jan
14
2015

Are your TUPE transfer employees working for you legally?
#Employment

The need for an employer to carry out a right to work check for all prospective employees is mandatory. But here at Forbury People / Employmentbuddy we have noticed that what can often be overlooked is the situation regarding TUPE transfers. When you acquire employees you must carry out these checks within 60 days of the transfer rather than 28, which used to be the case....

Jan
14
2015

Effects of obesity can be a disability - ECJ confirms
#Employment

The European Court of Justice has today given judgment in the obesity and disability case involving a Danish childminder, Mr Kaltoft, that we first reported back in July of this year. The approach taken by the Advocate General, that the effects of obesity can constitute a disability, although obesity is not in itself a disability, has been confirmed, as expected. It is to be imagined that the timing of the case, as we head into the Christmas feasting period, will attract some media attention, given the present topicality of both obesity and European law....

Jan
13
2015

Consumer Rights - 2015 a Landmark Year
#Commercial

UK consumer law – the law governing the rights of consumers supplied with goods and/or services by businesses – is currently set out in dozens of separate pieces of primary and secondary legislation, some of which date from the 1970s. This time last year, the Government introduced the Consumer Rights Bill, with a view to consolidating into one statute much of the existing law, modernising the law in some key areas (such as digital content) and giving more teeth to consumers, public enforcers and private enforcers (currently only Which? is in this last category). The Bill has now been through both Houses, though some amendments are still being dealt with, and is expected to come into force in October this year (general election notwithstanding)....

Jan
12
2015

2015 what does it hold for employers?
#Employment

Employmentbuddy's latest article gives you a helpful timeline of this year's important dates that could affect your business...

Jan
06
2015

A bright future for roof top solar?
#Real Estate

There is no denying that the solar energy industry has enjoyed great growth in recent years and with the cost of solar energy decreasing then this can only mean the sector will continue to thrive in the near future....

Jan
06
2015

Reasonable adjustments: bus company's wheelchair policy did not discriminate
#Employment

Although not an employment case, the case brought against the bus company, FirstGroup, and reported this week has raised some interesting issues on what is a reasonable adjustment. The question was whether it was a reasonable adjustment under the Equality Act 2010 to require a bus company to have a policy requiring non-wheelchair using passengers to move if occupying a space required by a wheelchair user?...

Jan
06
2015

More holiday pay headaches? When must holiday leave be carried over?
#Employment

In another case relating to holiday leave, The Sash Window Workshop Ltd and another v King UKEAT/0057/14, comments by the EAT suggest that workers will be entitled to carry holiday over to the next leave year where they are unable to take their holiday for reasons beyond their control, as an exception to the usual rule that holiday entitlement expires at the end of a leave year. This is already the case if the reason for not taking the leave is the worker's sickness (following NHS Leeds v Larner [2012] IRLR 825), but now the scope of the exception seems to be wider....

Jan
06
2015

Planning Obligations – Changes to Section 106 Contributions
#Real Estate

Planning obligations form part of the planning process and will usually be invoked by the local planning authority when a planning permission is sought by a developer. They are used to mitigate the impact of new buildings on the local community and infrastructure, and are imposed by a Section 106 Agreement which is a legal agreement between the applicant seeking planning permission and the local planning authority....

Dec
15
2014

Software: goods or services - continued
#Dispute Resolution

In last month’s newsletter (“Software: goods or services?”) we discussed the recent court decision of Fern Computer Consultancy Ltd v Intergraph Cadworx & Analysis Solutions Inc. and the court’s confirmation of the distinction between agents who sell “goods” as opposed to agents who only sell “services”. The court considered that the Commercial Agents Regulations 1993 (“the Regulations”) – which afford important protections to agents who sell goods but not services in the EU – may apply to the supply of software but only if it is accompanied by some form of physical delivery (i.e. through a dongle, with documentation, or on a CD). ...

Dec
05
2014

A Business Partner`s Entitlement to Apply for a new Lease under the landlord and tenant act 1954
#Real Estate

The Court of Appeal (CA) has very recently decided that an application for a new business tenancy made by one of two business partners was not a valid application where the existing lease was held by both partners. The CA`s decision held that both joint tenants must join in any application for a new tenancy under the Landlord and Tenant Act 1954 ("the Act") unless there is an applicable statutory exception. The case in question is Lie v Mohile [2014] EWCA Civ 728....

Dec
04
2014

No appeal in holiday pay overtime cases
#Employment

UNITE, which represents the claimants in the Hertel (UK) Ltd v Woods and others UKEAT/0160/14 and AMEC Group Ltd v Law and others UKEAT/0161/14 cases, has announced that it will not be appealing the EAT's decision. The indications are that the employers in these cases will not be appealing either.  This means that the legal position in relation to overtime and holiday pay, in light of these cases...

Dec
04
2014

New smartphone for Christmas? How will you use it at work?
#Employment

It is quite possible that many of your employees will receive new smartphones, tablets and laptops as Christmas gifts. It seems timely, therefore, to take a moment to consider what issues might arise from allowing employees to use such gadgets in the workplace....

Dec
03
2014

The Bribery Act: Three Years On
#Public Sector

The Bribery Act 2010 (the Act) came into force on 1 July 2011 amid much fanfare. The question has arisen on a number of occasions since then whether or not the various offences within the Act are being enforced. The matter was addressed in November of this year, in a speech by Stuart Alford QC, the Joint Head of Fraud at the SFO. Mr Alford noted that the offences under the Act are taken seriously and referred to prosecution currently ongoing in Southwark Crown Court, with charges under the Act included as part of a much larger fraud prosecution....

Dec
01
2014

Restaurants battle it out
#Real Estate

The restaurant sector has always been fast moving and competitive. Buoyed by current eating trends and increased consumer spending the newer restaurant brands are expanding their mini empires whilst the larger operators are protecting their market share with modern renovations and a determined push to grow still further....

Nov
28
2014

Final shared parental leave and pay regulations published and in force from 1 December 2014
#Employment

The Shared Parental Leave Regulations 2014 (SI 2014/3050) and the Statutory Shared Parental Pay (General) Regulations 2014 (SI 2014/3051) have been made final this week. They both come into force on Monday 1 December 2014 in respect of children whose expected week of childbirth or placement for adoption is after 5 April 2015 There appear to be no significant changes from the draft regulations....

Nov
28
2014

Shared parental leave policy on employmentbuddy
#Employment

This is now available to download here. As the regulations are notoriously complicated (and only just made final this week), plus  this is all very new territory for employers to get their heads around, we may revise the policy before 5 April 2015. Keep an eye out, we will update you....

Nov
21
2014

Enforced subject access requests will be a criminal offence from 1 December
#Employment

With effect from 1 December 2014, section 56 of the Data Protection Act 1998 (DPA) will come into force, making it a criminal offence to request an enforced subject access request. Enforced subject access occurs where one person is compelled, for example by an employer or prospective employer, to make a subject access request under the DPA and then provide the response. Employers cannot apply f...

Nov
21
2014

Redundant employees on maternity leave - when does the special protection against dismissal arise?
#Employment

When it becomes apparent during maternity leave that the employee`s role is redundant, at what point does the obligation offer suitable alternative employment arise under regulation 10 of the Maternity and Parental Leave Regulations 1999? Could it be when the restructuring is complete, which could be when the employee is returning from maternity leave or even after her return, which could then re...

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