Clarkslegal LLP - Solicitors in Reading and London

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Apr
19
2013

Are whistleblowers protected after termination of employment
#Employment

We know that employees who blow the whistle while employedare protected if they are then subjected to a detriment by theiremployer. We also know that the same applies to employees who did thisbefore the whisleblowing legislation came into force. But what if an ex-employeewhistleblows, would this be regarded as a ‘protected disclosure` allowing theemployee to claim a remedy under the Employment Ri...

Apr
16
2013

Clarkslegal`s Legal Alliance TAGLaw Awarded "Elite" Ranking in Chambers Global 2013
#Clarkslegal

Clarkslegal is delighted to announce that our legal alliance, TAGLaw, has been recognised as "Elite" in the Chambers Global 2013 rankings guide for legal networks....

Apr
12
2013

Workplace Representative: a Union Representative`s view
#Employment

I am a trade union workplace representative and postgraduate law student and with a particular interest in employment law. This week I am on work experience with Clarkslegal in the Cardiff office and have been asked to share what it is like and what challenges I have faced working with the union. I have been a union workplace representative for nearly 3 years and counting. Before I was appointed...

Apr
12
2013

Employer`s refusal to employ trade union members was lawful
#Employment

Miller and ors v Interserve Industrial Services Ltd was a recent case in the Employment Appeal Tribunal concerning alleged blacklisting of union members. Interserve Industrial Services Ltd (IIS) provides workers for the oil industry and the 3 claimants were members of Unite the Union who had a history of acting as shop stewards. IIS and the trade union had a collective agreement that they would,...

Apr
12
2013

New ACAS code of practice on collective redundancies
#Employment

On 6th April 2013, with the changes to the rules on collective redundancy, ACAS has published a code of practice. When proposing to make redundant 100 or more employees at one establishment within 90 days, an employer must start consultation and notify the Secretary of State at least 45 days before he intends to dismiss the first employee. This figure has been reduced from 90 days. This period r...

Apr
09
2013

Disposing of Charity Property
#Real Estate

Where charity land is conveyed, transferred, leased of otherwise disposed of, the trustees of the charity must consider whether compliance with procedures in the Charities Act 2011 (‘The Charities Act`) is required. The Charities Act consolidates earlier legislation including the Charities Act 1993 and prescribes procedures for disposal of land owned by a charity and statements that must be included in the disposal documentation....

Apr
05
2013

Facebook dismissals: gross misconduct or stress relief and letting off steam after a bad day?
#Employment

When is it fair for an employer to dismiss on grounds of gross misconduct for posting comments on social media sites such as Facebook? Looking at recent cases, a recurring problem for employers and employment tribunals is deciding where the boundary lies between gross misconduct and misconduct. The difference between the two is crucial to whether a dismissal will stand up to the scrutiny of an unfair dismissal claim. Given the nature of transgressions made by employees on social media sites, which are often blatant and offensive and easily attributable to the employee, establishing misconduct should be straight forward. These are cases where a warning including a final written warning would be the appropriate sanction under the employer`s disciplinary policy....

Apr
05
2013

Recruitment of replacement employee led to a redundancy situation
#Employment

In Malekout v Ahmed & others (t/a The Medical Centre) UKEAT/0556/12 the Employment Appeal Tribunal has upheld the decision that a redundancy situation existed when an employee was dismissed following recruitment of a better performing replacement....

Apr
05
2013

6 April 2013 employment law changes
#Employment

The 6 April 2013 is the first day of the new financial year and also the date the following changes in employment law come into effect....

Mar
28
2013

Obese employee was disabled under discrimination law
#Employment

In Walker v Sita Information Networking Computing Ltd UKEAT/0097/12 is was held that an obese claimant was disabled under the Disability Discrimination Act 1995. However they also suffered from a number of physical and mental conditions....

Mar
28
2013

Football club "transfer " was an unfair dismissal.
#Employment

Kavanagh and others v Crystal Palace FC (2000) Ltd and others was recently heard in the Employment Appeal Tribunal (EAT).  The football club went into administration in January 2010 and G, the administrator, sought to sell the club as a going concern.  A couple of months later a consortium was set up and given preferred bidder status....

Mar
27
2013

Levelling the Playing Field
#Dispute Resolution

There is no getting round the fact that litigation can be expensive and sometimes disproportionately so. This is a problem with which the Courts have been grappling for many years, particularly since the introduction of the Civil Procedure Rules in 1999...

Mar
27
2013

UKBA to be abolished
#Employment

Following last year`s split which saw the UK Border Force (responsible for daily operations) stop being part of the UK Border Agency, the Home Secretary has now announced that the Agency is to be abolished altogether....

Mar
27
2013

Termination of Commercial Agency Contracts reconsidered
#Dispute Resolution

In a recent decision of the Court of Appeal, the question of when a principal can terminate a commercial agency contract on the grounds of an agent`s misconduct has been considered...

Mar
21
2013

Commonwealth Environmental Investment Platform London Launch
#Clarkslegal

The CEIP was launched at a VIP reception at the Royal Commonwealth Society, on Thursday 14th March, 2013....

Mar
20
2013

Key Employment Law Changes
#Employment

The new employment tribunal rules, originally expected to come into force in April 2013, will now come into force in summer 2013. These rules and other expected employment law changes are summarised in the table below. Employment Law change Date expected to come into force The current regulations for National Minimum Wage will be consolidated. April 2013...

Mar
20
2013

Outcome of judicial review on transposition of the EU Waste Framework Directive into the laws of England and Wales
#Public Sector

On 6 March 2013, Mr Justice Hickinbottom gave judgment in the application for judicial review by a number of Claimants into whether or not the Government has correctly transposed the EC Waste Framework Directive (2008/98/EC) into domestic law...

Mar
15
2013

Can covert recordings be used in tribunal hearings?
#Employment

The Employment Appeal Tribunal has recently criticised a Tribunal`s reasoning in outrightly refusing to allow a Claimant to rely upon covert recordings that she had made (Vaughan -v- London Borough of Lewisham and others UKEAT/0534/12/SM)....

Mar
15
2013

International Commonwealth Environmental Investment Platform (CEIP) Launched
#Clarkslegal

New pan-Commonwealth network will link environmental entrepreneurs and companies with international investors...

Mar
15
2013

Redundancy competency tests unlawful because of "blind faith" of HR
#Employment

In Mental Health Care (UK) Limited v Biluan and another UKEAT/0248/12, the EAT held that it is not. This case considered the fairness of a redundancy selection process which utilised assessment centre competency tests normally used when recruiting new employees. Facts In 2010, the management of a residential hospital decided that there was a need to close one of its wards, resulting in 19 red...

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