Clarkslegal LLP - Solicitors in Reading and London

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Nov
01
2012

Jobs in shortage in the UK
#Immigration

The list of jobs which cannot be filled by domestic workers because of a lack of sufficient skill (a.k.a. the shortage occupation list) is now contained in Appendix K of the Immigration Rules to give the shortage list legal effect following the Supreme Court decision in Alvi....

Oct
31
2012

The ongoing cause of stress: Was it due to the employer`s breach of duty or the employee`s marital breakdown?
#Employment

This was the question which the Court of Appeal has recently considered in the case of Thomas Brown -v- London Borough of Richmond upon Thames (decision handed down on 26 October 2012).   Mr Brown had worked for the London Borough for 38 years until his retirement on grounds of ill health on 19th May 2004.  Mr Brown`s last working day was 30 June 2003 when he suffered a mental breakdown. Th...

Oct
31
2012

Mental illness is the UK`s biggest health challenge says Ed Milliband
#Employment

Mental health problems are costing UK businesses £26bn and the NHS an extra £10bn a year.  Mr Milliband hopes to provide patients with the same legal right to mental health therapies as physical healthcare....

Oct
31
2012

"Where`s the Pope?" case - Clarkslegal successfully defends religious discrimination claim
#Employment

In Heafield v Times Newspaper Ltd, Mr Heafield was a practising catholic although his colleagues did not know this.  He worked as a casual sub-editor for The Times which involved him writing headlines and editing the stories provided by reporters to fit the editor`s specifications. Before being allocated a headline each story would be given a one word working title.  So for example a story about...

Oct
25
2012

University of Reading Alumni Reception
#Clarkslegal

Clarkslegal was delighted to support the University of Reading`s annual House of Lords Alumni Reception on Friday 5th October....

Oct
25
2012

Equal Pay
#Employment

The Supreme Court has just made it easier for employees to bring equal pay claims against their employers....

Oct
25
2012

When acceptance of contractual terms can be implied - restrictive covenants case
#Employment

In the case of FW Farnsworth Ltd and another v Lacy and others the High Court has held that an employee was bound by the terms of a new contract of employment provided to him after he was promoted, but which he had not signed and returned to his employer....

Oct
24
2012

A perfect storm for the postgraduate education sector forecasted by the Higher Education Commission
#Immigration

An independent inquiry by the Higher Education Commission predicts that the combination of increasing fees, banks less willing to fund post graduate study, and students less willing to take on further debt for post graduate study will significantly reduce the demand for postgraduate education....

Oct
24
2012

Accession of Croatia to the EU on 1st July 2013
#Employment

On 1st July 2013, the Republic of Croatia will gain accession to the EU. After this date, Croatian nationals will no longer be subject to immigration control. However, restrictions will be imposed on Croatian nationals which are similar to those imposed on Romanian and Bulgarian nationals....

Oct
24
2012

Still no clarity from European Court on redundancy consultation in Nolan case
#Employment

The Court of Justice of the European Union ("CJEU") has decided against providing guidance on the correct trigger point for collective consultation where an employer wished to make twenty or more employees redundant....

Oct
22
2012

Does an indemnity for costs in a commercial contract mean anything?
#Dispute Resolution

Many commercial agreements contain clauses stating that one party is required to indemnify the other part for legal costs in the event of a breach of contract....

Oct
22
2012

Clarkslegal lawyers attending International Law Conference in Brussels
#Clarkslegal

David Rintoul and Ashan Arif are attending an international conference in Brussels hosted by TAGLaw, a leading alliance of independent law firms from around the world....

Oct
18
2012

Gay couple win Berkshire B&B refusal case
#Employment

A gay couple booked to stay at a B&B in Berkshire. Upon arrival they were refused their room by the owner, Mrs Wilkinson. It has been ruled that they were discriminated against and they were awarded £1,800 each for "injury to feelings"....

Oct
18
2012

The Importance of Lasting Powers of Attorney
#Real Estate

Clients should always consider whether they or an elderly relative need to draw up a Lasting Power of Attorney....

Oct
16
2012

Immigration helps to support the UK`s ageing population
#Immigration

Economists and demographers commented following the 2011 census data that the increasing life expectancy of the UK population and the declining number of births means that there will be fewer workers to shoulder the burden of supporting the elderly. In order to maintain current population levels, an average fertility rate of 2.1 is required. However, the current fertility rate excluding female i...

Oct
16
2012

Trade Union recognition - jurisdiction and territorial limits
#Employment

The High Court considered in Netjets Management Limited v CAC and another [2012] EWHC 2685 what territorial limits exist on the Central Arbitration Committee`s (CAC) jurisdiction to consider a request for union recognition....

Oct
12
2012

Stakeholder pension designation requirements repealed on 1 October 2012
#Employment

The DWP has brought into effect section 87 of the Pensions Act (PA) 2008, repealing the stakeholder pension designation requirements from 1 October 2012....

Oct
09
2012

Owner-Employee Contracts: will they create jobs/cut rights/avoid tax?
#Employment

Chancellor, George Osborne, has announced legislation which will introduce a new ‘owner-employee` contract....

Oct
05
2012

Does the winner take it all?
#Dispute Resolution

Two recent cases have shown the challenges that a successful Defendant can face when unable to recover costs from an impecunious Claimant. The general principle employed by the court is that a non-party to the proceedings, but who has funded the litigation, may incur a personal costs liability if they have a financial interest in the outcome of those proceedings....

Oct
05
2012

Our survey shows employers back 30 day consultation for all collective redundancies
#Employment

Thank you to everyone who participated in our online survey on the Government`s Consultation on the current law regarding collective redundancies. We received responses from a diverse cross section of businesses with employee numbers ranging from 40 to 2,500. We have included the results of the survey, together with feedback from a variety of employers that we have spoken to in our formal response to the consultation....

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