Clarkslegal LLP - Solicitors in Reading and London

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Mar
05
2013

ACAS consultation on draft code of practice for flexible working requests
#Employment

In its response to its Consultation on Modern Workplaces the government has proposed extending the right to request flexible working to all employees with at least 26 weeks` continuous employment. The government has also proposed replacing the statutory procedure for considering requests with a new duty on employers to act reasonably within a reasonable period.  In response to these proposals, A...

Mar
04
2013

Joint working and voting arrangements in Local Government
#Public Sector

Many of our Local Authority clients participate in joint working arrangements with other Local Authorities, in an effort to, for example, create economies of scale, share costs or streamline services. We have been scrutinising the arrangements which govern these joint working relationships for our clients, considering in particular the decision making arrangements used by Local Authorities working together. The structure of these arrangements may not be quite as straightforward as it used to be following a 2010 Court of Appeal ruling....

Mar
04
2013

Clarkslegal staff host afternoon tea party for the elderly
#Clarkslegal

On Sunday 3rd March Clarkslegal hosted an afternoon tea party to support the local elderly community, on behalf of our nominated charity Contact the Elderly...

Mar
01
2013

When can an employer rely on a final warning in deciding to dismiss?
#Employment

Two recent cases have explored the circumstances in which a Tribunal can examine the validity of a previous warning, which formed part of the employer`s decision to dismiss an employee. The Court of Appeal confirmed in the case of Davies v Sandwell that only in limited circumstances will a tribunal be entitled to `re-open` an employer`s decision to issue a final warning, which the employer later...

Mar
01
2013

Redundancy consultation period due to be halved to 45 days from 6 April 2013
#Employment

Following consultation the government has decided that the 90 days consultation period is not usually required. Reducing the minimum consultation period from 90 days to 45 days will enable employers to be more flexible and aid them by saving administrative and salary costs. It was seen to be important to allow employers to restructure more quickly especially at a time when the future of the company could be at risk....

Feb
28
2013

Sustainable development - The future in Wales and impact on procurement processes
#Public Sector

Sustainable development ("SD") is a term most individuals and companies will be familiar with, particularly when working with or for public sector organisations....

Feb
28
2013

Whistleblowing must now be in public interest but need not be in good faith
#Employment

The government is intending to introduce a number of changes to whistleblowing law through the Enterprise and Regulatory Reform Bill ("ERRB") but whether this will prompt employers to encourage employees to blow the whistle remains to be seen. Whilst whistleblowers are protected against detriment and dismissal as a result of blowing the whistle, they often suffer in more subtle ways such as ostra...

Feb
26
2013

Clarkslegal staff help boost Cardiff Foodbank donations
#Clarkslegal

On Saturday 23rd February Clarkslegal staff volunteered at a local Cardiff supermarket to help boost donations to the Cardiff Foodbank, one of our three nominated charities for our centenary year. Cardiff Foodbank is a part of the National Foodbank Network. It is a project to help and support those suffering financial hardship and who are facing the reality of being unable to feed themselves or their families....

Feb
22
2013

Unfair dismissal: Can a tribunal decide that an employee would have been dismissed in any event?
#Employment

In the case of Hill v Governing Body of Great Tey Primary School it was found that a Claimant`s dismissal was procedurally unfair. The tribunal calculated the remedy on the basis that the Claimant`s employment would have terminated in any event two months later (had a proper procedure been followed). An 80% reduction on account of contributory fault was also applied, leaving the claimant with the...

Feb
22
2013

Support our Nominated Charities in the Reading Half Marathon
#Clarkslegal

In celebration of our centenary year, we are entering three corporate teams in the Reading Half Marathon, on Sunday 17th March. 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
22
2013

Public sector pay deals may bind private sector says European Court
#Employment

Question: Would public sector employees who are subject to industry or sector wide negotiated terms continue to be entitled to benefit from increases in pay which are negotiated under those terms after they have transferred to the private sector? Background of the case: The Claimants were originally employed by London Borough of Lewisham. These Claimants had a contractual entitlement to pay i...

Feb
20
2013

Where`s the Pope?
#Employment

No, this is nothing to do with the Pope`s resignation last week. In Heafield v Times Newspaper Ltd, Mr Heafield pursued claims for harassment on the grounds of his religion on the basis that his line manager`s comment "can anyone tell me what`s happening to the f***ing pope", which was shouted in a pressured newsroom,  was intended to deride and insult his religion and in the alternative, the com...

Feb
15
2013

Reading Pancake Race 2013
#Clarkslegal

On Tuesday 12th February, Clarkslegal took part in the 2013 Reading Pancake Race, along with twenty six other local businesses, in support of Launchpad....

Feb
14
2013

Religion and belief in the workplace: new guidance
#Employment

In response to recent European Court of Human Rights judgment about religious rights in the workplace, the Equality and Human Rights Commission has this week published good practice guidance for employers on how to comply with the Court`s judgment.   This guidance gives various examples of requests that might be made by employees and what it regards to be an appropriate response.  Two such exam...

Feb
14
2013

The proposed simplification of the Auto-Enrolment rules
#Employment

The DWP plans to consult in March 2013 on several changes to the auto-enrolment regime. The changes to be introduced are intended to simplify technical aspects of the legislation, reflecting the lessons learned so far from how the regime has operated in practice. Three specific areas have been singled out by the DWP: To simplifying the process of assessing the workforce. Making it easier fo...

Feb
13
2013

UK lawyer supporting enterprise and innovation across the Commonwealth
#Clarkslegal

Michael Sippitt, Chairman of Clarkslegal LLP is challenging entrepreneurs and financial investors to get serious about developing environmental technologies across the Commonwealth, as he introduced the Commonwealth Environmental Investment Platform (the CEIP), at the Green Growth Road Show in Cape Town, South Africa, on Wednesday, 13 February....

Feb
13
2013

When can age discrimination be justified?
#Employment

Background The Employment Equality Age Regulations 2006 ("the Age Regulations") provide that a person will be directly discriminated against if they are treated less favourably than a comparator on the grounds of the person`s age and the treatment cannot be objectively justified.   The Age Regulations also provide that a person will be indirectly discriminated against if a provision, criterion o...

Feb
08
2013

The next wave of entrepreneurial dynamism: educating the world
#Education

Education is big business. The last two decades have seen rapid growth in the for-profit education industry. Apollo Group, a Nasdaq listed for-profit education industry heavyweight which is also part of the S&P 500 group of companies, and the owner of such brands as the University of Phoenix in the US and BPP University College in the UK, saw consistent exponential growth from its inception on Nasdaq. Kaplan, another for-profit education provider wholly owned by the Washington Post had revenues of US$2.5b in 2011, whilst DeVry Inc., listed on the NYSE, had a market capitalisation of US$1.62b at the time of writing. The sheer scale of these three examples serves to show just how big the industry is....

Feb
08
2013

Be careful about your staff working on the train and don`t make your disciplinary procedure contractual
#Employment

The recent case of West London Mental Health NHS Trust v Chhabra confirms the need to exercise great care to ensure that disciplinary procedures are not contractually binding on employers. If a court is able to construe a disciplinary procedure as having contractual effect, a breach of the procedure could lead to the employee seeking a court injunction preventing the disciplinary procedure going...

Feb
08
2013

Can policies in employment handbooks be contractual?
#Employment

Another recent case has dealt with the question of whether a redundancy policy can be contractual...

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