Clarkslegal LLP - Solicitors in Reading and London

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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)....

Jan
03
2013

Where Are The Brits? Advice to UK Exporters from Baroni Limited
#Inward Investment

This is a question I hear often when meeting foreign business leaders and ambassadors. To what are they referring? World recession and the general decline in business globally, normally means that businesses are clamouring for opportunities the world over....

Dec
24
2012

What is the meaning of "Good Estate Management"?
#Real Estate

It is not unusual for leases to contain an obligation on the landlord to manage the property "in accordance with the principles of good estate management" which seems to mean little more than "well". It may indicate that the company managing the property should have regard to issues of more than just its own profit but the phrase does not include or refer to any objective standards and there are certainly no "principles" published by the Royal Institution of Chartered Surveyors or any other body....

Dec
20
2012

Collective redundancy consultation period will be cut to 45 days
#Employment

The minimum period that employers must wait before making large-scale redundancies will be halved to 45 days from April 2013, the Government has announced this week.   The Government will remove the existing 90-day minimum consultation period, which applies where an employer is proposing to make a 100 or more staff redundant. This will be replaced with a 45-day minimum period.   The consulta...

Dec
18
2012

On the first day of Christmas my employees sent to me...
#Employment

It is unfortunate sign of the times when employers do not hold Christmas parties because of the cost and risk of receiving legal claims from employees.  However, it does not have to be the case that potential legal claims should deter employers from holding parties.  The following guidelines set out a few tips which will reduce the risk of claims.Fighting and threatening behaviourDiscrimination l...

Dec
18
2012

An alternative immigration route for high achievers and industry leaders
#Immigration

The Tier 1 (Exceptional Talent) category of the Points Based System is a visa for people from outside Europe who are internationally recognised as world leaders in science, humanities, engineering and the arts who want work in the UK.   While the threshold or standard of criteria to be met to qualify under this category may be high, the benefit is that applicants who can show genuine expertise i...

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