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Jun
27
2014

Fresh proceedings on same facts - two bites of the cherry?
#Dispute Resolution

The recent Judgment in the Court of Appeal case of Kotonou v National Westminster Bank plc [2014] raises a number of interesting issues for litigation practitioners...

Jun
27
2014

Top tips for starting a small claim
#Dispute Resolution

Disputes are an unhelpful distraction to any business. They are costly and divert attention and resources away from the business`s main activities. Unfortunately, we must all accept that there will be situations where parties end up in dispute and may need to consider Court action. There are a number of dispute resolution mechanisms that can be used to chase debtors, such as issuing statutory demands. However, this article is focused on advising businesses that are considering commencing a claim through the small claims track. It is intended that this will be the first is a series of articles about the small claims track...

Jun
26
2014

Compulsory equal pay audits due in force from 1 October 2014.
#Employment

The government has issued a response to its consultation "Equal Pay Audits: A Further Consultation" launched in May 2013. The government will issue draft regulations setting out  minimum requirements for equal pay audits which a tribunal would be able to impose on employers found to be in breach of discrimination laws in relation to equal pay. These regulations are due to come into force on 1 Oct...

Jun
26
2014

Zero hours: exclusivity clauses to be banned
#Employment

It was announced by the government this week that, as part of the Small Business, Enterprise and Employment Bill, it will ban the use of exclusivity clauses and increase the availability of information on zero-hours contracts for employees. The government received more than 36,000 responses to its consultation, with 83% in favour of banning exclusivity clauses. The Business Secretary, Vince Cabl...

Jun
26
2014

Small Business, Enterprise and Employment Bill
#Employment

The Small Business, Enterprise and Employment Bill was published yesterday. The following is outline of its proposals:. 1. a definition of a zero-hour contract, which seeks to make any clause which tries to stop the worker working for somebody else void. 2. a new system for enforcing tribunal awards: an `enforcement officer` will give a 28-day warning notice if a tribunal award remains unpaid....

Jun
25
2014

What if my principal is in breach of our agreement?
#Dispute Resolution

Most agents are aware that if their agency agreement is terminated by the principal they are entitled under the Commercial Agents (Council Directive) Regulations 1993 to payment of either compensation or an indemnity, depending on what their agency agreement says...

Jun
19
2014

UK law on disclosure of spent convictions is a violation of human rights, Supreme Court confirms
#Employment

The Supreme Court has confirmed that UK laws concerning compulsory disclosure of criminal offences for individuals seeking to work with children are a violation of the right to respect for private life under Article 8 of the European Convention on Human Rights. Certain professional bodies and employers are permitted to request Enhanced Criminal Record Certificates ("ECRCs"). ECRCs disclose ever...

Jun
19
2014

Holiday pay: European Court rules that accrued leave must be guaranteed, including on employee`s death
#Employment

The issue of holiday pay and interpretation of the Working Time Directive remains a hot topic across the EU, not just in the UK.  At the end of July, the EAT is due to hear Neal v Freightliner Ltd and Fulton and another v Bear Scotland Ltd to determine whether overtime pay must be included in calculation of holiday pay. However, the outcome of these cases will be determined largely by how the Eur...

Jun
17
2014

New Partner joins Clarkslegal`s growing construction and energy team
#Construction

John Wevill, a leading construction lawyer with over 15 years` experience in the field, has been appointed as Partner within Clarkslegal`s construction and energy team....

Jun
17
2014

Public perception of being British and immigration?
#Immigration

The unprecedented surge in support for UKIP has been highlighted by a recent survey conducted by NatCen. A survey of 3,000 people was conducted to find out what the British public perceives as most important when determining whether or not someone is ‘truly British`. The results showed that: 95% felt that to be British you must speak English (in 2003 this figure was 86%) 74% said it was impo...

Jun
13
2014

The Queen`s Speech identifies employment law proposals
#Employment

In addition to the new 5p charge for plastic bags, the Queen`s Speech published on 4 June 2012 identified the following proposals:- In response to 3,000 highly-paid NHS executives taking redundancy payments only to get new NHS jobs afterwards, measures will limit excessive redundancy payments across the public sector. Legislation will impose higher penalties on employers who fail to pay their...

Jun
13
2014

Absence Management - pull the other one!
#Employment

Do these sound familiar…  "A can of baked beans landed on my toe" "My dog had a big fright and I don`t want to leave him" "My trousers split on the way into work" "My fish is sick" "I slipped on a coin" "I`ve had a hair dye disaster" These are just some of the 25 silly excuses recently published by Activ Absence Control as having been used by staff to miss to work.  Whilst these do provid...

Jun
13
2014

Failure to put new evidence to employees before dismissing could make the process unfair
#Employment

If a manager conducts further investigations and interviews after a disciplinary meeting, but doesn`t then revert to the employee before deciding to dismiss, that may make the dismissal unfair (Yeung v Capstone Care Ltd [2013] UKEAT/0161/13). In Yeung v Capstone Care, the claimant had worked as a carer at a home for vulnerable adults. Her colleagues alleged that she had verbally and physically a...

Jun
13
2014

Cardiff charity quiz evening
#Clarkslegal

Thank you to all the teams for participating in our charity quiz night, hosted in Cardiff on Thursday 12th June....

Jun
10
2014

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
#Commercial

These new Regulations will complete the implementation of the Consumer Rights Directive in a drive to harmonise consumer rights across the EU and, as they come into force on 13 June, will apply to most consumer contacts entered into on and after this date...

Jun
09
2014

Businesses work together to support local artists and charities
#Clarkslegal

Thank you to those who attended our charity drinks and art exhibition in Reading on Thursday 5th June....

Jun
06
2014

New TUPE Guidance published by ACAS
#Employment

ACAS has published new Guidance on the handling of TUPE transfers and a helpful flowchart summarising the process.  The 72 page Guidance document contains useful information on issues such as: When does TUPE apply; Employee liability information and due diligence; The impact of TUPE on terms and conditions of employment; and Information and consultation Included at the end of the Guidan...

Jun
06
2014

Duty to provide reasonable adjustments - a call for employers to extend this to support employees who are carers
#Employment

The Equality and Human Rights Commission (EHRC) was asked to provide expert advice to the Court of Appeal in the case of Dr Hainsworth v Ministry of Defence (MoD).  Dr Hainsworth worked for the MoD and was stationed in Germany.  Her daughter suffers from Down`s Syndrome and, as her special educational needs could not be met in Germany, she requested a transfer to the UK.  The request was refused...

Jun
06
2014

Right to flexible working extended
#Employment

The Children and Families Act 2014, which received Royal Assent on 13 March 2014, will introduce a number of changes to employment legislation, including to those parts which relate to the right to request flexible working. (For information about other changes introduced by the Act, see shared parental leave and pay link and time off for antenatal appointments link)....

Jun
05
2014

Two week Home Office crackdown on illegal working exposed
#Immigration

A two-week government crackdown aimed at workplaces that could be employing illegal workers has been exposed by campaigners. The Financial Times reported this week that the raids targeting businesses including care homes, hotels and restaurants, building companies, recruitment agencies and other small businesses began on Monday. Efforts by the Home Office to keep the raids named Operation Cen...

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