Clarkslegal LLP - Solicitors in Reading and London

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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...

Nov
17
2014

Clarkslegal advises BNP Paribas owned LaSer Loyalty SAS on sale of software company to MasterCard
#Corporate

Clarkslegal`s corporate team, led by Partner Ashan Arif, successfully advised BNP Paribas owned LaSer Loyalty SAS on its multi-million Euro sale of 5one Marketing Limited, a consultancy providing services, analysis and software to retailers, to MasterCard. The deal includes the sale of 5one`s US and South African subsidiaries....

Nov
14
2014

Employment tribunal was biased because it relied on online research
#Employment

We are perhaps all guilty of doing some quick research online to make our presentations look more credible However, when can an employment tribunal do some research before making a decision? The answer is no, not if the parties do not agree to it. The EAT has ruled that a tribunal committed a procedural error in searching on the internet for evidence that supported a claimant`s case that she was...

Nov
14
2014

Are your union agreements clear as to whether trade union duties count as working time?
#Employment

An employment tribunal has confirmed that time spent by trade union representatives attending union meetings was not "working time" within the meaning of the Working Time Regulations 1998. A health and safety representative and a shop steward brought claims against their employer after it refused to take into account time spent on their union activities when calculating the 11 hour rest period th...

Nov
10
2014

Empty property rates following a disclaimer
#Real Estate

The High Court has clarified the position on who is responsible for business rates following disclaimer of a lease in Schroder Exempt Property Unit Trust and another v Birmingham City Council [2014]....

Nov
10
2014

Breach of covenant preventing assignment
#Real Estate

In Singh v Dhanji [2014], a landlord refused to grant to the tenant licence to assign a 15 year lease of premises used as a dental practice unless the tenant:...

Nov
10
2014

Break clauses and overpaid sums
#Real Estate

The Court of Appeal has recently reversed the decision of the High Court in the controversial case of Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Limited and (2) BNP Paribas Securities Services Trust Company Limited [2013]....

Nov
10
2014

Scaffolding affecting tenant`s enjoyment
#Real Estate

In Century Projects Limited v Almacantar (Centre Point) Limited & others [2014], the claimant tenant held a 36 year lease of the top floors of Centre Point Tower at Tottenham Court Road, London which it used as a high class restaurant and private members` club. It sought an injunction to restrain the landlord from carrying out external works to the cladding of the tower which involved the erection of scaffolding around the building, including scaffolding at the level of the top floors....

Nov
10
2014

The AGA Saga continues...an update
#Real Estate

The recent case of Tindall Cobham 1 Ltd v Adda Hotels [2014] has questioned the position reached by the K/S Victoria v House of Fraser (Store Management) Ltd [2011] case. As we reported in our update "A Guarantor or not a guarantor? That is the question." the K/S Victoria case confirmed that a lease obligation requiring an existing group company guarantor to guarantee the lease obligations of an associated assignee company was void....

Nov
07
2014

Download Buddy`s Ebola guidance notes for free
#Employment

Employmentbuddy has just published two new free documents: Ebola - guidance for employers Ebola - information and guidance for employees We have made these documents accessible to all members. Please sign in to download your free copies. If you require further assistance please contact a member of the Employmentbuddy team....

Nov
07
2014

"Non-guaranteed" overtime must be included in the calculation of holiday pay
#Employment

The Employment Appeal has given its judgment in the case of three appeals - Bear Scotland Ltd and others v Fulton and others [2014], and Hertel (UK) Ltd v Woods and others [2014] and Amec Group Ltd v Law and others [2014]. The common issue in each of these cases was the calculation of holiday pay. The cases centered round the interpretation of Article 7 of the Working Time Directive. This Article reads as follows:...

Nov
06
2014

Conditionality in Agreements for Lease
#Real Estate

It is not always possible or desirable for an agreement for lease to be unconditional. Often, there is a need for an agreement for lease where the ultimate grant of the lease is conditional upon certain conditions being satisfied. This can lead to disputes, where it becomes in the interest of either party to try to wriggle out of its obligation to take the lease....

Nov
06
2014

Are pub closures signalling last orders for the UK pub sector?
#Real Estate

Public Houses have been closing at an increasing level in recent years. In August this year the Campaign for Real Ale (Camra) reported that pubs were closing at a rate of 31 a week with fewer than 55,000 British pubs in operation....

Nov
06
2014

Managing Partner David Rintoul attends TAGLaw`s International Conference in Hong Kong
#Clarkslegal

Clarkslegal`s international legal alliance, TAGLaw, recently held its 31st international conference from October 20th through 22nd in Hong Kong, attended by our Managing Partner, David Rintoul. Also in attendance at the conference were members of TAGLaw`s affiliate alliances, TIAG® (The International Accounting Group) and TAG-SP™. All three alliances are collectively known as the TAG Alliances™....

Nov
04
2014

Holiday pay: overtime must be included says EAT
#Employment

Today the Employment Appeal Tribunal released its judgment in the three conjoined holiday pay cases. The Bear Scotland case (road construction and maintenance in Scotland) related to non payment of overtime and other payments associated with work in calculating holiday pay. The Hertel and Amec cases (construction) related to non payment of overtime an calculation of payment in lieu of notice on...

Oct
31
2014

Self employed beauty consultant not protected under Equality Act 2010
#Employment

The Court of Appeal has upheld the finding that a beauty consultant was not in "employment" under section 83 of the Equality Act 2010 as she did not have a contract of employment or a "contract personally to do work". She provided her services through a limited company to a business which supplied staff to a third party (a cosmetics company) to work in an airport duty-free outlet. The Equality...

Oct
31
2014

Redundant permanent employees can be redeployed in preference to long serving agency workers
#Employment

An agency worker, who worked for the Ministry of Defence for 8years, has failed in his attempt to claim that his employer had failed to comply with the obligation under the Agency Workers Regulations 2010 whichprovides, "An agency worker has during an assignment the right to beinformed by the hirer of any relevant vacant posts with the hirer, to give thatagency worker the same opportunity as a com...

Oct
27
2014

Station retail remains on track
#Real Estate

As many of us will experience every day the UK`s train stations are getting busier. With more people using the often creaking infrastructure every year the result is that there is a consistent annual increase in footfall at all of the major train stations in the UK. According to Network Rail more than a staggering one billion people, on average, pass through one of their 19 managed stations every year....

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