Clarkslegal LLP - Solicitors in Reading and London

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Mar
20
2012

Credit Hire Companies -v- the Motor Insurance Market
#Dispute Resolution

When someone is an innocent victim in a motor accident, they are generally entitled to a replacement vehicle whilst their damaged vehicle is being repaired and to recover the costs from the other driver`s insurer. To avoid the upfront hire charges, some people choose to hire the replacement vehicle on credit terms from a credit hire company and leave it to them to recover the hire costs from the other driver`s insurer through the Court if necessary....

Mar
19
2012

National Minimum Wage Rates 2012/13
#Employment

The Government has announced the 2012/13 National Minimum Wage (NMW) rates, which will come into effect on 1 October 2012: The adult rate will increase by 11p to £6.19 an hour The rate for 18-20 year olds will remain at £4.98 an hour The rate for 16-17 year olds will remain at £3.68 an hour The rate for apprentices will increase by 5p to £2.65 an hour and The accommodation offset wil...

Mar
15
2012

Government seeks views on dismissal rules
#Employment

The government has today announced proposals to examine workplace dismissal procedure for small businesses with a publication of a Call for Evidence. The government are seeking views from employers, employees and interested parties on two measures....

Mar
14
2012

How often are hearings postponed? Statistics on postponement
#Employment

Tribunals in England and Wales now have a policy of listing standard unfair dismissal claims for a one day hearing within 16 weeks of issue by the Employment Tribunal....

Mar
14
2012

HS2 and Compulsory Purchase
#Real Estate

On 10 January 2012, the Secretary of State for Transport announced the government`s long awaited decision on its proposals for High Speed 2 "HS2"....

Mar
13
2012

Changing provisions of a fixed term contract when entering into a permanent contract: Terms must not be unfavourable
#Employment

The recent ECJ decision of Martial Huet v Universite de Bretagne Occidentale has held that where a fixed term contract is converted into a permanent contract the terms and conditions do not need to be identical....

Mar
12
2012

Relocation of 6 miles - A substantial change to employees` material detriment?
#Employment

In the recent case of Abellio London v CentreWest London Buses, the Employment Appeal Tribunal (EAT) held that a relocation of 6 miles as a result of TUPE transfer was a substantial change in bus drivers` working conditions to their material detriment....

Mar
07
2012

Redundancy: Pool of One
#Employment

A debate has arisen as to under what circumstances an employment tribunal should interfere with the pool for selection chosen by an employer. The EAT confirmed the answer was "rarely" in the case of Halpin v Sandpiper Books.  In this case Sandpiper Brooks employed Mr Halpin in its London office as an Administrator/Analyst.  They then moved Mr Halpin to work in a sales role in China.  After some...

Mar
07
2012

Barring Order deemed inappropriate for former employee
#Employment

The Court of Appeal has upheld the High Court`s decision to refuse a "barring order", which would have preventing a former employee from being involved in the commercial relationship between her new employer and her ex-employer. The Claimant was employed by CLS to manage their logistics centre. Although her contract of employment did not contain any post termination restrictive covenants prevent...

Mar
07
2012

Can an employer use subjective criteria when considering suitable alternative employment for an employee?
#Employment

The EAT in Samsung Electronics v Monte D`Cruz has held that an employer is entitled to take into account subject criteria when an employee is being considered for suitable alternative employment in a redundancy situation. In this case, Samsung were restructuring their print division and were planning to combine four roles into one new role.  Mr Monte D`Cruz was one of the employees at risk of re...

Mar
05
2012

Statistics: Unpaid Awards/ ACAS Settlements and Multiple Claims
#Employment

Jonathan Djanogly MP has recently responded to questions posed in the House of Commons in connection with the number of unpaid Employment Tribunal awards and ACAS settlements which have subsequently been referred to the High Court Enforcement Officers ("HCEO").  In addition, Mr Djanogly discussed the number of multiple cases accepted by Employment Tribunals between 2000-2011.  He has confirmed t...

Mar
02
2012

Immigration: Tier 2 Reforms and Announcements
#Employment

The government has announced this week a number of developments to the immigration system. Please find a below a summary of their announcements.   Settlement pay threshold for Tier 2 migrants The government intends to continue to provide a route to settlement (indefinite leave to remain) for Tier 2 migrant workers but only to those who meet a new minimum pay threshold. In order to apply for s...

Mar
02
2012

Illegal contracts
#Employment

In Zarkasi v Anandita, Ms Zarkasi was an Indonesian domestic worker recruited from Indonesia to work for a family in the UK. To enter the UK she obtained an identity card, passport and visa from a passport office in Jakarta using a false identity.  Ultimately she left her employer and brought a number of employment claims in the Employment Tribunal ("the ET"). It was held by the ET that she had...

Mar
01
2012

Double or nothing
#Employment

Normally, at this time of year, employers would be busily introducing policies and procedures to meet new statutory obligations coming into force on 6th April. However, this year, it appears that the tables have turned in favour of employers....

Mar
01
2012

Service provision changes: guidance on the meaning of an "organised grouping of employees" (EAT)
#Employment

The EAT has recently upheld an employment tribunal`s decision that a contract being outsourced from one contractor to another, does not constitute a service provision change....

Feb
29
2012

Rare Disease Day 2012
#Employment

Today is Rare Disease Day 2012, an annual, international event raising awareness about rare diseases and their impact on patients` lives.  According to the official website "One rare disease may affect only a handful of patients in the EU (European Union), and another touch as many as 245,000. In the EU, as many as 30 million people alone may be affected by one of the 6000 to 8000 rare diseases e...

Feb
28
2012

Footballer launches race discrimination claim
#Employment

In a landmark employment tribunal claim, a black professional footballer has become the first player to sue his club for race discrimination....

Feb
27
2012

Pool of one employee held to be Unfair
#Employment

Redundancy is a potentially fair reason for dismissal. However in order to be actually fair a fair procedure must followed and the dismissal must be within the band of reasonable responses open to the employer....

Feb
24
2012

Christian worker who would not work on Sundays loses her Tribunal claim
#Employment

Celestina Mba, a devout Christian worked for Merton Council at the Brightwell children`s centre in Morden until she claims she was forced to resign in June 2010 after being told she had to work on Sundays....

Feb
22
2012

Social workers sacked following the death of "Baby P" appeal fair dismissal finding to EAT
#Employment

Gillie Christou and Maria Ward were dismissed by Haringey Council following allegations that they had failed in their duty of care towards Baby P, now named as Peter Connelly, who died aged 17 months after suffering abuse at the hands of his mother and her partner....

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