Clarkslegal LLP - Solicitors in Reading and London

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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
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

Litigants in person - how much should a Tribunal help them?
#Employment

Often both parties are legally represented in EmploymentTribunal claims however Claimants may represent themselves. The Tribunal will assistClaimants where necessary in the course of the proceedings but how far shouldthat assistance go?   This Court of Appeal had to consider this issue in the caseof John Guest Engineering and Vaio.  Mr Viao successfully won a claim ofunfair dismissal and race d...

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....

May
01
2012

Sunday Trading (London Olympic Games and Paralympic Games) Bill Receives Royal Assent
#Employment

Following our previous blog covering the Bill`s Second Reading in House of Lords last week, the Sunday Trading (London Olympic Games and Paralympic Games) Bill received Royal Assent today. The Bill suspends Sunday Trading Laws in England and Wales from the opening of the London 2012 Olympic Games on 22 July to the end of the Paralympics on 9 September 2012, so that shops with floor space in exce...

Apr
27
2012

World Day for Safety and Health at Work 2012
#Employment

The International Labour Organisation (ILO)`s World Day for Safety and Health at Work takes place on 28th April 2012....

Apr
27
2012

Second Reading in House of Lords for Sunday Trading (London Olympic Games and Paralympic Games)
#Employment

Following our previous blog Draft Bill which suspends Sunday Trading Laws during Olympics and Paralympics, the Sunday Trading (London Olympic Games and Paralympic Games) Bill received its second reading in the House of Lords this week....

Apr
26
2012

Guidance from the Court of Appeal - disciplinary procedures, suspension for misconduct and police involvement
#Employment

The Court of Appeal (‘CA`) has recently provided useful guidance in the case of Crawford and another v Suffolk Mental Health Partnership NHS Trust [2012], as to the procedural standards an employer is expected to meet when a disciplinary procedure could have serious career long implications for an employee. The CA took the opportunity to offer guidance as to the appropriateness of suspension duri...

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