Clarkslegal LLP - Solicitors in Reading and London

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Feb
01
2013

Major Changes to TUPE Proposed
#Employment

BIS (the Government Department for Business, Innovation & Skills) has recently announced that it proposes to make fundamental changes to the TUPE 2006 Regulations. The key proposals include: Repealing entirely the ‘service change` provisions, (affecting outsourcing, retendering and bringing work back in house`) to align the definition of a transfer with the wording of European law....

Feb
01
2013

Reading Half Marathon
#Clarkslegal

On Sunday 17th March we are entering three corporate teams in the Reading Half Marathon. The corporate relay aims to promote healthy workforces and enables companies to enter teams of four who each run approximately three miles of the thirteen mile course....

Feb
01
2013

Our charity work in 2012
#Clarkslegal

Our nominated charities in 2012 were Alexander Devine`s Children`s Hospice, Cardiff Foodbank and The Mayhew Animal Centre....

Jan
25
2013

Swedish derogation applies to existing relationships with hirers
#Employment

Under the Agency Workers Regulations 2010 (in force from 1st October 2011) agency workers who work in the same role for the same hirer for a period of 12 continuous weeks are entitled to the same "basic working and employment conditions" as they would have received if they`d been hired directly by the hirer....

Jan
23
2013

Changes to come: Settlement Agreements
#Employment

The Government`s proposals for Settlement Agreements are due to come into force this Summer.   Under the proposals employers will potentially be able to negotiate settlements with employees pre-termination without fear of this being used in evidence against them in any unfair dismissal claims.  The exception to this is where the employer acts with impropriety - known as "improper behaviour"....

Jan
22
2013

The extremes of temperature
#Employment

Chris Stops, one of Forbury People`s HR Consultants, has written this blog for us: Given the cold snap we are currently experiencing, and the current run of seemingly unreliable and changeable weather I thought extremes of temperature would be a sensible topic to start the year on....

Jan
22
2013

The Government`s response to tackling long-term sickness absence
#Employment

In a 2011 report, Health at work: an independent review of sickness absence, Dame Carol Black and David Frost CBE highlighted how the State spends £13 billion a year on health-related benefits and employers face an annual bill of around £9 billion for sick pay and associated costs.  They made a number of recommendations aimed at minimising absence from work due to ill health...

Jan
18
2013

Human right to wear cross at work
#Employment

Four Christians (Ms Eweida, Ms Chaplin, Ms Ladele and Mr McFarlane) who were prevented from manifesting their religion in various ways in the workplace unsuccessfully claimed in the UK courts that they had been unlawfully discriminated against on grounds of their religion....

Jan
18
2013

Imposing a cap on the unfair dismissal compensatory award of twelve months` pay (and still capped at the current limit, if twelve months` pay is greater)
#Employment

Subject to Parliamentary process, the Government announced yesterday that it  intends to introduce a 12 months` pay cap on the compensatory award for unfair dismissal....

Jan
18
2013

Introduction to the Green Deal and how it works for commercial property
#Real Estate

The Green Deal was introduced under powers in the Energy Act 2011 and is a funding mechanism for energy efficiency improvements to property. The regulations come into force on 28 January 2013, the Green Deal being designed to help the government meet its carbon reduction targets without the need for consumers to pay up-front for energy efficiency measures. Instead, the works required to improve the energy efficiency of a property will be carried out by a Green Deal Provider and the occupier will pay for the measures under a Green Deal Plan, over time, as part of their energy bill....

Jan
18
2013

Government plans to repeal key parts of TUPE
#Employment

The Department for Business, Innovation & Skills confirmed yesterday that it proposes to make fundamental changes to the TUPE Regulations as follows...

Jan
18
2013

Early Conciliation via ACAS - consultation starts
#Employment

Anna Hawksworth of Carillion Advice Services details the early concilitation consultation...

Jan
18
2013

Dishonesty: employers must properly investigate the employee`s explanation of events say EAT
#Employment

The Employment Appeal Tribunal has held that where serious allegations are made against an employee, the employer should ensure that it undertakes a sufficient investigation before dismissing (Stuart -v- London City Airport (UKEAT/0273/12))...

Jan
11
2013

No right to day off on Sunday for Christian faithful, EAT confirms.
#Employment

Following on from Employmentbuddy`s previous blog the Employment Appeal Tribunal has ruled that Christians have no right to decline working on a Sunday as it is not a core component of the Christian faith....

Jan
10
2013

The employment status of a lapdancer - A change of decision
#Employment

In July 2012 we reported that the Employment Appeal Tribunal had ruled that Miss Quashi, a lapdancer at Stringfellows, was an employee. However, this decision has subsequently been overturned by the Court of Appeal which determined that she was in fact self-employed....

Jan
10
2013

The Agency Workers Regulations 2010: Does Service Count?
#Employment

The Agency Worker Regulations 2010 (‘the Regulations`) came into force on 1 October 2011 and various complaints arising from those Regulations are beginning to surface....

Jan
08
2013

Mediation and Costs Sanction: Further Court Guidance
#Dispute Resolution

Litigation can be a very expensive and time consuming process that can be a real drain on a party`s resources. In some cases, the costs of fighting litigation and recovery of those costs can become as important to a party as winning the claim. Mediation is generally seen as a successful method of resolving disputes cheaply and quickly...

Jan
08
2013

Law Applicable to a Contract: Why it is important
#Dispute Resolution

When there is a dispute about the performance of a contract, one of the first issues that must be determined is which law applies to that contract, particularly where the parties to the contract are based in different countries or the contract involves working overseas. For example, which law will apply to a contract between Peruvian and Malaysian companies to transport goods between Nigeria and India? The law applicable to that contract will inevitably impact on the outcome of any dispute that arises from the performance of that contract....

Jan
04
2013

Coming up in 2013
#Employment

As ever there are many changes to employment legislation confirmed for 2013 and further proposals and consultations that we anticipate will develop. This article outlines our expectations for the year ahead. March 2013 March marks the start of a number of changes to legislation....

Jan
04
2013

Conflict Resolutions for 2013 and Beyond
#Employment

A resolution is defined as a "firm decision to do or not to do something". Here is my list of things that I have made a firm decision to do (at various times and not just for New Year)....

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