Clarkslegal LLP - Solicitors in Reading and London

Legal Updates

Search Legal Updates

Oct
24
2014

Civil servants to get enhanced shared parental pay equal to maternity pay.
#Employment

The Deputy Prime Minister Nick Clegg has announced plans to equalise parental leave and pay arrangements for members of the civil service. Female civil servants can currently take maternity leave at full pay, but partners would not receive full pay if they choose to take time off as shared parental leave with their partner. From April 2015, civil servants taking shared parental leave will be enti...

Oct
24
2014

The Only Way Is… Calculation of Loss of Profits
#Dispute Resolution

The case of Sugar Hut Group v AJ Insurance put an interesting slant on the question of how loss of profits should be calculated. A nightclub in Essex was damaged by a serious fire. Its owner (Sugar Hut) failed in its claim under its insurance policy because its insurance brokers (AJ Insurance) had negligently failed...

Oct
17
2014

EAT guidance on amount of compensation in unfair dismissal cases
#Employment

The EAT has provided some guidance on making "Polkey" deductions. This is the deduction in compensation a tribunal will make in an unfair dismissal claim if it finds that the employee would have been dismissed in any event even if a fair procedure been followed. In Contract Bottling Ltd v Cave and another UKEAT/0100/14, the EAT overturned an employment tribunal`s assessment of a 20% Polkey deduc...

Oct
17
2014

"Extreme tactics" in industrial disputes - report makes no recommendations despite calls to ban "secondary protesting".
#Employment

On 16 October 2014, Bruce Carr QC`s report setting out the findings of his Independent Review into the Law Governing Industrial Disputes was published. The review was launched following allegations of intimidation of managers by union representatives during the Grangemouth oil refinery dispute. The scope of the review was scaled back in April 2014 due to concerns on the part of Bruce Carr that it...

Oct
17
2014

Extension of parental leave for parents of children aged 18 and under from 5 April 2015
#Employment

The government has published new regulations  to extend parental leave to parents of children aged between five and 18. This is due to come into force on 5 April 2015. At present, with the exception of parents of disabled children, only parents of children aged five  and under can take such leave, which is currently a maximum of 18 weeks that is limited to four weeks per year....

Oct
17
2014

New ACAS guidance on shared parental leave
#Employment

Acas has published Shared parental leave: a good practice guide for employers and employees....

Oct
10
2014

An update on the application of competition law to restrictions on use in retail leases
#Real Estate

The recent case of Martin Retail Group Limited v Crawley Borough Council has indicated how the requirements of competition law may be applied by courts to retail leases which include provisions that restrict the use of a property....

Oct
10
2014

BIM: is it ready yet?
#Construction

Employers are increasingly asking for "BIM" to be included in the services provided by consultants and contractors, but very few of them know what they are asking for and very few consultants and contractors can actually provide it! The problem arises out of defining exactly what "BIM" is for the purposes of the project in question....

Oct
10
2014

Popping-up Everywhere
#Real Estate

A brief look at the commercial requirements and the legal aspects a pop-up tenant looks for and needs to consider when choosing premises....

Oct
09
2014

Conservatives employment law reforms
#Employment

At the Conservative Party`s recent annual conference, the Prime Minister David Cameron proposed several reforms which affect employment law. Introduction of a British Bill of Rights. If elected in 2015, the Conservatives will pass a new British Bill of Rights, which Mr Cameron suggested would replace the Human Rights Act 1998. In response, the Law Society has commented that the Human Rights Ac...

Oct
09
2014

Vince Cable vows to get to grips with the difference between employees and workers
#Employment

Business Secretary Vince Cable has launched this week an ambitious sounding wide-ranging employment review to help clarify and potentially strengthen the employment status of up to a million British workers. This follows the recent review and upcoming legislation of zero hours contracts. It is considered that an increasing number of people in the UK are on ‘worker` employment contracts which hav...

Oct
08
2014

TUPE and Right to Work Checks
#Employment

Employers should be mindful of the need to conduct right to work checks when acquiring staff through a TUPE transfer. Employers cannot rely on previous checks! Since the May 2014 changes, the UKVI has allowed employers a grace period of 60 days from the date of transfer to carry out the appropriate document checks. Previously, employers were only allowed 28 days, and as such should you fail to co...

Oct
06
2014

Software: goods or services?
#Dispute Resolution

A significant feature of the Commercial Agents (Council Directive) Regulations 1993 (the "Regulations") is that they only apply to agents who sell "goods". Agents who sell services are excluded and do not enjoy any protection....

Oct
02
2014

New guidance on Shared Parental Leave and Pay
#Employment

BIS has published an Employers` Technical Guide to Shared Parental Leave and Pay The technical guide summarises the operation of the shared parental leave and pay scheme, considers a number of frequently asked questions and sets out worked examples. It covers some of the more technical aspects of the scheme that are not dealt with in detail in the main Shared parental leave and pay: employer guide on the GOV.UK site, such as the maternity leave curtailment rules.....

Oct
02
2014

Employee could not bring ET claim after his move to Dubai
#Employment

The Court of Appeal has restored an employment judge`s decision that the tribunal did not have jurisdiction to hear claims for unfair dismissal and breach of the right to be accompanied at a disciplinary hearing where the claims were brought by an employee of a British company who had moved to work in Dubai ( Creditsights Ltd v Dhunna [2014]). CSL had an office in London and in New York. About 1...

Sep
25
2014

Other changes from 1 October 2014: reservists protection against unfair dismissal, minimum wage increase to £6.50
#Employment

With effect from 1 October 2014, where an employee is dismissed exclusively (or mainly) because he or she is a member of reserve force, the normal two-year service requirement for bringing an unfair dismissal claim will not apply....

Sep
25
2014

Employees offered as much holiday as they want: Virgin copies Netflix
#Employment

The BBC reports today that Sir Richard Branson, is offering his personal staff at Virgin as much holiday as they want, whenever they want....

Sep
25
2014

Compulsory pay audits from 1 October 2014
#Employment

Regulations come into force from 1 October 2014 making it compulsory for employment tribunals to order equal pay audits against non compliant employers in equal pay claims, unless certain exemptions apply. In relation to claims brought from 1 October 2014, in the event that the employer is found to be in breach of the equal pay provisions, the tribunal must then go on to require the employer to...

Sep
18
2014

Payments to small and medium sized employers for military reservists
#Employment

New regulations come into force on 1 October 2014 which will help employers employing military reservists. At the moment, when called up, military reservists are paid directly by the Ministry of Defence. Employers can claim expenses in respect of additional costs incurred whilst replacing the reservist (to a maximum of £110 per day). However, from 1st October, small and medium sized employers wi...

Sep
18
2014

Will Scottish employment law change whatever the outcome today?
#Employment

It has been interesting that the trade unions have generally maintained neutrality in the independence debate, leaving the issue to their members individually, although the RMT notably has supported independence. However, as Scots voters go the polls today, whether or not Scotland votes for independence  it seems unlikely that current laws on discrimination, working time and TUPE will remain the...

Page 42 of 104