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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...

Sep
20
2013

Procurement changes on the horizon - Part 1
#Public Sector

The European Commission ("EC") adopted the Single Market Act which sets out a series of measures to boost the European economy and create jobs. One of these measures is a review of the existing public procurement processes. The aim is to create a simpler and more flexible procedure for contracting authorities and to provide easier access to contract opportunities for companies, particularly SMEs and micro-businesses. The EC also wants to implement policy that fosters demand for environmentally sustainable, socially responsible and innovative goods, services and works....

Sep
20
2013

Do you include overtime when calculating holiday pay? Recent case says yes.
#Employment

The established legal position is that for  employees with no normal working hours, when calculating statutory holiday pay, employers do not have to include compulsory overtime when calculating holiday pay (under the Working Time Regulations). However, any overtime that is guaranteed to the employee under their contract of employment must be included in the calculation. Of course, it is open to t...

Sep
13
2013

Failure to provide impartial grievance appeal can amount to a constructive dismissal.
#Employment

The EAT has held that an employer`s failure to provide an impartial grievance appeal process can amount to a breach of the implied term of trust and confidence and form the basis of a constructive dismissal claim. In Blackburn v Aldi Stores Ltd UKEAT/0185/12,  the same manager who heard the grievance hearing, also heard the appeal, dismissing the appeal following a 20 minute hearing. The employee...

Sep
13
2013

Government gets permission to appeal Woolworths collective redundancy decision
#Employment

Further to our blog on 26 July 2013, the Department for Business, Innovation and Skills (BIS) has managed to get permission to appeal against the decision of the EAT in the Woolworths collective redundancy case. This is welcome news for employers, as it looked rather doubtful at one stage that BIS would be able to mount an appeal at all. The EAT`s decision in May of this year radically changed t...

Sep
13
2013

Employee data breaches: no compensation for injury to feelings
#Employment

As you may be aware compensation can be awarded for breaches of the Data Protection Act (DPA). How such compensation should be calculated has recently been considered by the Court of Appeal in Halliday v Creation Consumer Finance ([2013] EWCA Civ 333). In this case Mr Halliday purchased a television on a consumer credit agreement provided by Creation. Mr Halliday sued Creation in the County Co...

Sep
13
2013

Proposals for ‘London Visa`
#Immigration

Boris Johnson has plans for a fast-track visa to attract the world`s "best and brightest" technology experts and fashion designers to London in proposals that he has submitted to the Home Office. The aim is to make it easier for exceptional applicants in these fields to get jobs in the capital. Supporting the proposal Deputy Mayor Kit Malthouse emphasised that individual talent is essential to th...

Sep
11
2013

Strictly Come Dancing (or should that be Currys Come Dancing?)
#Employment

Two candidates who attended interviews at Currys have complained about being made to dance at their job interviews.  One apparently had to dance to Dizzie Rascal.  The other said he had to dance in a robotic-style to a Daft Punk song which he compared to a scene from BBC`s The Office and described the experience as "humiliating". Whilst using various recruitment assessment tools at interviews ca...

Sep
09
2013

Charity golf day
#Clarkslegal

Thank you to all who participated in our charity golf day on Friday 6 September at Reading Golf Club. The event was a huge success in raising money for our three nominated charities, Alexander Devine`s Childrens Hospice, Cardiff Foodbank and Contact the Elderly. Congratulations to Lloyds TSB who won the best team prize, while Cameron Frazer won best individual playing for Area Sq, closely followed by Ian Jackson of Lloyds TSB. Paul Etherington of Grant Thornton won the raffle for a lesson with Reading`s professional, Joe Templer....

Sep
06
2013

Employee shareholder rules now in force, guidance issued
#Employment

Following on from the proposal for a new employee shareholder contract, which finally came into force in 1 September 2013, the Government has now produced guidance on employee shareholder status....

Sep
06
2013

Government abandons plan to repeal service provision change in definition of TUPE
#Employment

The Government consulted on reforming the Transfer of Undertakings (Protection of Employment) Regulations 2006 ("TUPE") earlier this year. Yesterday the Government published its response....

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