Clarkslegal LLP - Solicitors in Reading and London

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Jan
10
2014

Project Insurance: If you`re going to do it, do it right!
#Construction

When undertaking a modern development, where all the parties (employer, contractor, sub-contractors) are committed to collaborate in good faith (or, at least, the contracts say they are), it seems sensible to protect that team ethos through the procurement of a project insurance policy...

Jan
10
2014

Holding and Manifesting a Religious Belief, what`s the difference?
#Employment

An employee`s beliefs may or may not be known to an employer but issues can arise if these beliefs are manifested in the workplace. Does the law clearly distinguish between the protection it gives for holding a belief and the level of protection for how this belief is manifested? No, according to the Employment Appeal Tribunal in the recent case of Grace v Places for Children. In Grace the Clai...

Jan
09
2014

Is it reasonable to dismiss taking into account a previous final written warning for which the appeal hearing has not yet held?
#Employment

In the case of Susan Rooney -v- Dundee City Council, the Employment Tribunal held that it was within the reasonable band of responses for the employer to do this.  The Employment Appeal Tribunal (UKEATS/0020/13), in considering the Tribunal`s decision, has upheld this decision.   Background Ms Rooney was a cashier supervisor for the Council.  She received a final written warning in September 2...

Jan
09
2014

Charity calls for statutory bereavement leave
#Employment

A report by the charity, National Council for Palliative Care, has called for the government to introduce statutory bereavement leave for when a close relative dies.   The report found that a third of workers bereaved in the last five years did not feel their employer treated them with compassion.  It suggests that as well as statutory bereavement leave, a few kind words of condolence by a m...

Jan
06
2014

Rights of the Landlord where a Tenant has remained in occupation following expiry of a Lease
#Real Estate

The situation that arises where a tenant remain in occupation after the term of the lease has expired can be complicated, particularly where the lease is not a protected lease and is excluded from the renewal provisions of the Landlord and Tenant Act 1954. Where leases are protected, the statutory framework makes the position very clear....

Jan
02
2014

2014 employment law changes
#Employment

2013 has seen significant changes for the Employment Tribunal system and there have been important changes in employment law which we have blogged about and written articles about throughout 2013 on buddy. But what does 2014 hold? Below are some of the major changes which will happen in 2014, the dates for some of the changes have been confirmed and others are awaited....

Dec
27
2013

Robertson jam`s golly deemed racist
#Employment

The question of whether the term ‘golliwog` is racist has been in the news over the last couple of weeks.  There has been the Court of Appeal ruling that the term ‘golliwog` can be  racist, whilst also in the news is the disciplinary action taken against a Sussex councillor for her comments about gollys.   Court of Appeal case One of the issues before the Court of Appeal in the case of London...

Dec
20
2013

Law applicable to agency agreements reconsidered
#Dispute Resolution

A recent decision of the European Court of Justice (United Antwerp Maritime Agencies (Unamar) NV v Navigation Maritime Bulgare) has cast doubt on the law which will be applicable to commercial agency agreements where the parties are located in separate EU member states. This has potentially significant implications for the freedom of principals and agents to choose the law which will apply to their agreements, in circumstances where some EU member states grant greater protection to agents than others....

Dec
20
2013

Employees` right to be accompanied by companion of his choice: EAT decision
#Employment

The Employment Appeal Tribunal has confirmed (Roberts -v- GB Oils Ltd UKEAT/-177/13/DM) that an employee invited to a disciplinary hearing should be allowed to be accompanied by a work colleague or trade union official of his choice. The employer should not reject the requested companion on the basis that they consider the companion to be unsuitable. Background The appellant, Mr Roberts, had be...

Dec
18
2013

Unfair dismissal when school caretaker sacked for alleged historical sex abuse
#Employment

The Employment Appeal Tribunal last week upheld the Tribunal`s finding that a school caretaker had been unfairly dismissed following an allegation of sexual abuse (Z v A UKEAT/0203/13/SM).   Facts The caretaker worked for a primary school.  In March 2010 an allegation was made to the police that he had, some time before his employment began, sexually abused a child.  The police subsequently...

Dec
17
2013

Tomorrow`s Valley (Cwm Yfory) procurement completed - 1,500 homes to be powered by energy from food waste
#Public Sector

Clarkslegal`s clients, the local authorities that make up the Tomorrow`s Valley (Cwm Yfory) procurement hub, have announced the completion of one of the most high profile public sector environment projects in Wales of recent times. The result of a six year procurement process is the confirmation of BIOGEN (UK) Ltd to build and operate a new anaerobic digestion unit based in Rhondda Cynon Taf, its third food waste to energy plant in Wales....

Dec
17
2013

Clarkslegal continues to support expansion of Eden Motor Group
#Corporate

Clarkslegal has advised Eden (GM) Limited (part of the Eden Motor Group) in acquiring franchises from Rider`s Garages Limited, a multi-motor dealership in Devon...

Dec
13
2013

Duty on employer to consider if employee is disabled - even when occupational health says no disability
#Employment

This was the finding of the Court of Appeal in the case of Mr Gallop -v- Newport City Council [2013] EWCA Civ 1583.   Background Mr Gallop had worked for the Council from 1997.  He informed the Council in 2004 that he was suffering from stress and identified various symptoms. From this time he suffered from various other episodes, of which the Council were made aware including from his s...

Dec
10
2013

Holiday pay should include commission
#Employment

In advance of an ECJ decision, the Advocate General's opinion in the referred case of ZJR Lock v British Gas, is that calculation of holiday pay should include taking account of commission payments, which would otherwise have been earned. ECJ caselaw has previously held that workers should receive "normal remuneration" for time taken as holiday, in order to avoid deterring individuals from takin...

Dec
10
2013

Are you making provision for commision when calculating holiday pay? Full ECJ decision awaited
#Employment

In advance of an ECJ decision, the Advocate General`s opinion in the referred case of ZJR Lock v British Gas, is that calculation of holiday pay should include taking account of commission payments, which would otherwise have been earned. ECJ caselaw has previously held that workers should receive "normal remuneration" for time taken as holiday, in order to avoid deterring individuals from takin...

Dec
10
2013

Christians can be required to work Sundays if it is "proportionate" says Court of Appeal
#Employment

The Court of Appeal has recently given its judgment on whether requiring a Christian to work Sundays amounted to indirect religious discrimination (Celestina Mba -v- Merton London Borough Council [2013] EWCA Civ 1562).  In this case, it was held that there was no discrimination.   The facts Ms Mba was a practising Christian and she held a deep and sincere belief that Sunday is a day for worksh...

Dec
06
2013

A minister can be an employee or a worker
#Employment

In May this year we blogged on the case of Methodist Conference v Preston in which the Supreme Court held that it should not be presumed that there is no intention to create legal relations when appointing a minister purely because the role being carried out was a spiritual one.  In the more recent case of Sharpe v Worcester Diocesan Board of Finance Ltd and another, the EAT had to consider whet...

Dec
06
2013

Chancel Repair Liability and its implications for land ownership Now
#Real Estate

Since 13 October 2013, changes to the status of chancel repair liability as an "overriding interest" means that there are certain implications for those owning and/or purchasing property:...

Dec
06
2013

B&B double bed policy discriminated on basis of sexual orientation
#Employment

When manifestation of a protected characteristic by one individual interferes with another individual`s rights through a separate protected characteristic, this will be unlawful discrimination confirmed the Supreme Court recently in Bull v Hall. In this case, the particular rights in question involved the devout Christian beliefs of hotel owners and the rights of a gay couple in a civil partners...

Dec
06
2013

Ill health dismissals guidance
#Employment

In a dismissal for capability following sickness absence, the Court of Session has stated in BS v Dundee City Council that the fairness and reasonableness of the employer`s decision, depends upon consideration of three issues:  1.     Whether the employer could be expected to wait any longer for the employee to return from their absence - including considering the costs of continued employment (...

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