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Oct
18
2013

Redeployment: misleading job description makes interview and redundancy unfair
#Employment

The EAT case of Somerset County Council v Chaloner (2013) highlights the importance of ensuring that when redundant employees are being considered for redeployment, they must be given a fair opportunity of understanding exactly the nature of the role being applied for. So, be careful when devising a new role in a restructure and ensure that the job description is properly finalised before conduct...

Oct
15
2013

Twinmar - A Clearer Picture of Repairing Liabilities
#Dispute Resolution

In the recent case of Twinmar Holdings Limited -v- Klarius UK Limited the High Court gave helpful guidance to Tenants on their responsibilities for repairing/replacing glass fibre reinforced polyester roof lights. Roof lights of this type regularly cause difficulties in dilapidations claims and the Twinmar case has already had some publicity as a result of this...

Oct
11
2013

New ICO Code of Practice for Subject Access Requests
#Employment

In March we blogged that the ICO had launched a consultation asking for feedback on a new code of practice for handling data subject access requests under the Data Protection Act 1998. The ICO received 86 responses in total and the new code was published in August this year. The ICO did make some changes to the code based on the responses it received.  For example, the code now includes secti...

Oct
11
2013

Clarity provided on effective cause in Constructive Dismissal cases
#Employment

The Employment Appeal Tribunal in the case of Wright v North Ayrshire Council has provided some clarity on the correct test for determining constructive dismissal claims, and the extent to which an employer`s contractual breach should contribute to a resignation.    The Claimant was employed as a Care Assistant at the Council from December 2003 until she resigned in November 2010.  She subsequen...

Oct
11
2013

Tribunal Penalty for Employers
#Employment

The Enterprise and Regulatory Reform Act 2013 received Royal Assent on 25 April 2013 and even though certain sections, such as changes to whistle blowing, came into effect on 25 June 2013 until now there has been no indication of when Section 16 would come into force.  Section 16 grants an employment tribunal the power to impose financial penalties on employers. However the Minister of Employmen...

Oct
10
2013

Still Swamped!
#Construction

The Department for Environment, Food and Rural Affairs (Defra) has delayed its proposed revocation of the Site Waste Management Plans Regulations 2008 (SI 2008/314) in England....

Oct
10
2013

Employee voice is integral to all businesses so we can shape the culture of organisations for the future
#Employment

Over one hundred HR practitioners in the Thames Valley attended a joint celebration of both CIPD and Clarkslegal`s centenaries, at an evening reception that reflected on the development of HR throughout the past 100 years and its vision for the future...

Oct
09
2013

Green Deal: "flawed but fixable"
#Construction

This is the conclusion reached by the all-Party Commission of Inquiry into Sustainable Construction and the Green Deal....

Oct
07
2013

Update: Charities, commercial property and business rates relief
#Real Estate

The recent economic climate has seen a growth in empty commercial premises; some of which remain empty for quite some time. The changes to the business rates regime introduced in 2008 mean that property owners must now pay business rates even on empty properties. It is hardly surprisingly that landlords have been seeking to find ways to minimise the impact of this harsh reality. Charities (who qualify for business rates relief) have been able to enjoy the opportunity to utilise some of these empty property thus relieving the landlord of the burden of empty property business rates. Some initiatives have however caused problems and some recent case law shows how local authorities are aggressively challenging some schemes, potentially saddling the charities involved with a substantial business rates bill....

Oct
04
2013

TUPE and contracting out: Government retains "service provision change" in definition of transfer
#Employment

Last month, the Government confirmed that there will be no repeal of the "service provision change" provisions of the TUPE Regulations, as was proposed in consultation. Many had been wondering how on earth we would return to the situation that existed prior to the TUPE Regulations 2006, which replaced the TUPE Regulations 1981. The position then was that a service provision change was treated no differently than a business acquisition and the test of whether TUPE applied was derived from a pure application of EC Directive and EC and UK case law....

Oct
04
2013

John McCririck age discrimination case: the final furlong
#Employment

The newspapers have reported keenly on racing pundit, John McCririck`s, employment tribunal hearing this week. The 73 year old racing pundit has brought an action for age discrimination against his former employers, Channel 4. Aside from being dropped from the Channel 4 presenting team; McCririck has also criticised the fact that he found out about his dismissal from sports editor at Channel 4,...

Oct
04
2013

Working time: "Welcome aboard, this is your Captain sleeping!"
#Employment

The Civil Aviation Authority (CAA) has recently revealed that a 325 seat Airbus A330 belonging to a UK based carrier was discovered to be flying on autopilot when both the pilot and co-pilot had fallen asleep.  The two pilots involved blamed fatigue, pointing out that because of the long shifts which they had been putting in over the peak holiday season, they had only managed to have 5 hours slee...

Oct
02
2013

Collateral damage
#Construction

In a rare case involving collateral warranties, in Parkwood Leisure Ltd v Laing O`Rourke Wales and West Ltd earlier this year the High Court considered whether a collateral warranty was a construction contract and, therefore subject to the right to adjudicate...

Sep
30
2013

Legal 500 results
#Clarkslegal

Clarkslegal has, once again, shone in the Legal 500 legal directory rankings...

Sep
27
2013

Sugar loses £50k costs application in Apprentice case
#Employment

Lord`s Sugar has lost his bid to recover £50,000 worth of costs from a previous Apprentice winner, Stella English. Stella raised a claim for constructive dismissal which she lost at Tribunal in April .  The original tribunal said the case ‘should never have been brought` which was reiterated by Lord Sugar`s lawyers however, the East London Tribunal Service rejected the bid and ruled she should n...

Sep
24
2013

A quick guide to doing business in the UK
#Inward Investment

There are great opportunities for foreign entrepreneurs and companies to make use of the dynamic and open business climate existing in the UK, as well as a highly skilled workforce. In addition a transparent tax regime, the familiarity of the English language and trusted legal and accounting systems makes the UK an appealing destination for many foreign companies....

Sep
23
2013

Business Biscotti Gold launches a new concept in business collaboration
#Clarkslegal

A club-based collaboration platform for entrepreneurs and SMEs, Business Biscotti Gold, has been formally launched in the Thames Valley by the Mayor of Wokingham Borough Council, Councillor Ulla Karin Clark, with Clarkslegal chosen to provide expert legal support to members....

Sep
23
2013

Support our Nominated Charities in the Cardiff Half Marathon
#Clarkslegal

In celebration of our centenary year, five of our Cardiff office are running the Cardiff Half Marathon, on Sunday 6th October in support of our nominated charities Alexander Devine`s Children`s Hospice, Cardiff Foodbank and Contact the Elderly....

Sep
20
2013

Redundancy selection - when a shambles requires no further explanation
#Employment

In an age discrimination case (Osaba v Herfordshire Police), whilst conducting a staff reorganisation, the employer created a points-based matrix to determine which employees would be selected for redundancy. It was claimed that the employer had deliberately manipulated the matrix to ensure that he, by reason of his age, would be dismissed. The tribunal found that the employer`s handling of this...

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