Clarkslegal LLP - Solicitors in Reading and London

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May
30
2012

Workplace mediation: pros and cons
#Employment

With around 30 years` experience of dealing with workplace disputes, both as an HR practitioner and then as an employment lawyer, I have become more and more convinced that workplace mediation does provide a better way to resolve disputes in many cases. I have seen suggestions that managing and resolving conflict better could solve the current economic recession. Whilst I do believe it has a real value and that it should be more widely used, even I would not quite go this far!...

May
30
2012

EHRC encourages headhunters and chairmen to improve the representation of women at board level
#Employment

The Equality and Human Rights Commission (EHRC) hasreleased a recent report on "GenderDiversity on Boards: The Appointment and the Role of Executive Search Firms"....

May
30
2012

Should doctors go on strike when the police cannot?
#Employment

In a  major development in the public sector pensions dispute, with police officers campaigning in force for the right to strike, doctors have now voted for strike action. They will stop providing non-urgent care on 21 June  in the first industrial action by the profession for nearly 40 years. Some 79% of GPs, 84% of hospital consultants and 92% of junior doctors who responded voted in favour of...

May
25
2012

TUPE - organised grouping of employees
#Employment

In the case of Seawell v Ceva it was decided that even though an employee may work full time for a single client, this does not mean he is necessarily assigned to an organised grouping of employees for the purposes of a service provision change or the transfer of his employment under TUPE....

May
24
2012

TUPE and early retirement benefits
#Employment

This case seeks to clarify an issue, one of many, left unresolved by the ECJ decisions in Beckmann and Martin concerning pensions and TUPE. It cannot overrule those ECJ decisions, being a first instance decision of the High Court....

May
24
2012

Enterprise and Regulatory Reform Bill presented to Parliament
#Employment

On 23 May 2012, Business Secretary, Vince Cable presented the Enterprise and Regulatory Reform Bill to Parliament.  The Bill aims to improve the tribunal system through early conciliation, greater use of settlement agreements and a cheaper and quicker process....

May
22
2012

Beecroft`s report on employment law is criticised by Business Secretary
#Employment

A report, commissioned by the Prime Minister and compiled by Adrian Beecroft, includes the following proposals:  An end to a mandatory 90-day consultation period when a company is considering redundancies of over 100 employees. The report suggests a 30-day period and an emergency five-day period if a firm is in severe distress. A cap on loss-of-earnings compensation for employees who make suc...

May
16
2012

Queen`s Speech 2012 - continuing reforms in employment law
#Employment

In her Speech delivered at the opening of Parliament last week, the Queen announced Bills to be introduced in the next session of Parliament up to Spring 2013....

May
15
2012

Apprentice Learner Survey shows value of apprenticeships
#Employment

The Department for Business, Innovation and Skills (BIS) has today published results from the Apprentice Learner Survey....

May
15
2012

Immigration: Chaos in Croydon
#Immigration

The UK Border Agency had to turn hundreds of people away from their appointments at the Croydon Public Enquiry Office (PEO) at the start of May, after the foreign national identify card computer system crashed. The system records those legally living in the UK meaning some applicants attending a premium service appointment were unable to provide their biometric information (fingerprints and facia...

May
15
2012

Heathrow Queues
#Immigration

The British Airport Authority`s (BAA) announcement that in April the UK Border Force failed to meet its target at Heathrow Airport for processing passengers from outside the European Economic Area though immigration....

May
15
2012

Mandatory Retirement Age
#Employment

The case of Seldon v Clarkson Wright and Jakes illustrated that the test for justifying direct age discrimination is different and narrower than the general test for justifying indirect discrimination. In this case a partner from the Respondent firm of solicitors was forced to retire at the age of 65.  It was found that the compulsory retirement age contained in the firm`s deed of partnership wa...

May
11
2012

Can I ask my business tenant to leave once the term of his lease has expired?
#Real Estate

Various considerations apply at the end of a business lease and a landlord should be aware of the following If the lease is not protected by the Landlord and Tenant Act 1954 which means that the tenant has no statutory right to renew the lease or to remain in the premises at the end of the term, then the most straightforward way of ensuring that the tenant leaves is to write...

May
10
2012

Boris on immigration: learn from Premier League football
#Immigration

Boris Johnson, in an article in The Telegraph this week suggests that immigration improves the UK labour market using the unusual analogy of English national football only as Boris Johnson could: What football teaches us about creating a thriving jobs market....

May
10
2012

Settlement Offers
#Employment

In the case of Konczac v BAE Systems (Operations) Limited, the Employment Appeal Tribunal (EAT) had to decide whether the Claimant`s loss was terminated by her refusal to accept a settlement offer of £75,000....

May
09
2012

UKBA Airport Delays
#Immigration

The UKBA is facing fresh challenges to its handling of queues at Heathrow airport after it took up to three hours for travellers to clear passport control this weekend....

May
09
2012

Queen`s Speech 2012
#Employment

Pensions, parental leave and tribunal reform featured in the Queen`s Speech today:  She announced the Government will move forward on the reform of state and public sector pensions, which will take a step forward to a more generous state pension and won`t penalise people for saving Proposals are to be made to allow both parents to share parenting responsibilities by making parental leave more...

May
04
2012

Employee accused of lying about miscarriage and pregnancy not unlawfully harassed (EAT)
#Employment

In the case of Warby v Wunda Group plc, Mrs Warby worked as a sales consultant for Wunda Group plc.  A dispute arose between Mrs Warby and her manager, Mr Pugh.  There was conflict as to what had been agreed to be her basic salary.  Each party accused each other of lying.  Mrs Warby stated that her wages had been changed because she was pregnant. Mr Pugh denied this, and then was prompted to ask...

May
03
2012

Court of Appeal Overturns Noise Ruling
#Dispute Resolution

In the recent case of Coventry (T/A RDC Promotions) & Others -v- Lawrence & Others [2012] EWCA Civ 26, the Court of Appeal has overturned a High Court decision made in favour of a couple who complained about noise from a nearby speedway stadium and motocross track....

May
01
2012

An extra bank holiday this June?
#Employment

It`s been well publicised that the Late May bank holiday has been moved to the 4th June and that the 5th June has been declared an extra bank holiday to create a 4 day weekend commemorating the Queen`s Diamond Jubilee....

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