Clarkslegal LLP - Solicitors in Reading and London

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Jan
17
2012

Anonymous CV plans backed by major employers
#Employment

More than 100 major UK business have pledged support to a government initiative that proposes  to ask for CVs without the name or school details of candidates, in order to safeguard against potential discrimination during the application process. Firms such as Tesco, Barclays and Coca-Cola have agreed to the Government’s Business Compact, which stipulates the requirement to recruit "...

Jan
16
2012

Will employees be given the right to request shares in their employer`s company?
#Employment

Deputy Prime Minister, Nick Clegg has today announced plans to bring in a new universal right for employees to request to buy shares in the company they work for. Well known business John Lewis already operates this model, with employees owning shares in the company. Mr Clegg says of the scheme: “Liberals believe strongly in the virtues of the market but only if it is a market for the many...

Jan
13
2012

Employment tribunal cases down by 30%
#Employment

Statistics from the Ministry of Justice reveal that the number of employment tribunal claims have decreased by 30% in the period from 1 July to 30 September 2011 compared with the same period in 2010...

Jan
13
2012

New rules regarding dismissal of underperforming teachers announced today
#Employment

The Government has announced that from September 2012 it will put in place measures to make it easier and faster for Head Teachers to sack underperforming staff. At present the plans will only affect teachers in England. Michael Gove, Education Secretary said schools have been "tangled in red tape" for too long when dealing with staff who do not meet performance expectations. Currently, the pro...

Jan
12
2012

Using Declaratory Judgments in Favour of Arbitration Agreements
#Dispute Resolution

An arbitration tribunal will have jurisdiction to hear a dispute if there is a valid arbitration agreement between the parties that covers the dispute in question. Most national arbitration laws recognise that a properly constituted arbitration tribunal has the same authority as a national Court to determine its own jurisdiction. A national Court must therefore be very reluctant to hear an application to decide whether or not there is a valid arbitration agreement between the parties before the arbitration tribunal can consider the issue....

Jan
11
2012

Are Agency Workers being dismissed because of new laws?
#Employment

The new EU Agency Worker directive dictates that after 12 weeks, employers will be required to give temporary staff the same rights and pay as permanent staff. However, a recent survey has revealed that in order to avoid this requirement becoming a reality, a third of employers will terminate the employment of temporary staff prior to the completion of 12-week trial periods.  The new rules c...

Jan
10
2012

Ex-NHS boss awarded £933k in race discrimination claim against Central Manchester hospital trust
#Employment

A former NHS boss has won his claim of racial discrimination and unfair dismissal and been awarded £933,115. Elliot Browne had been employed as a divisional director at Central Manchester University NHS Foundation Trust until 2008 – when his 34-year career came to an abrupt end. The award reflected unfair dismissal, aggravated damages and loss of earnings and pension.Mr Browne claimed...

Jan
10
2012

Employee who had fallen out with a colleague was unfairly dismissed but received no compensation.
#Employment

Employers can often find themselves in a difficult predicament when colleagues fall out and their unprofessional behaviour affects the business....

Jan
10
2012

Promoting ADR in Consumer Disputes
#Dispute Resolution

The European Commission ("EC") has recently adopted two new proposals designed to promote the use of alternative dispute resolution ("ADR") in resolving consumer disputes. The EC has a long history of legislating to protect consumers and providing them with greater access to justice. These proposals can be seen as further efforts by the EC to assist consumers in obtaining justice....

Jan
10
2012

Dealing With Ambiguities in Commercial Contracts
#Dispute Resolution

English contract law is as old as the English common law itself. Contract law is also the foundation for almost every business transaction. It may therefore come as a surprise to learn that the English courts` approach to the interpretation of commercial contracts continues to be subject of legal arguments....

Jan
10
2012

Can an employer refuse to offer overtime to an employee if they fail to sign an opt-out agreement to the Working Time Regulations?
#Employment

The Employment Appeal Tribunal in the case of Arriva London South Ltd v Nicolaou UKEAT/0293/11 has confirmed that an employer can, as a policy, refuse to offer overtime to employees if they fail to sign an opt-out agreement to the Working Time Regulations 1998 (WTR).  Under the WTR working hours are limited to 48 hours a week unless an employee agrees in writing to opt-out.  Employers...

Jan
10
2012

Consultations by Public Bodies - The Need to Get it Right First Time
#Dispute Resolution

The recent decision Royal Brompton & Harefield NHS Foundation Trust v Joint Committee of Primary Care Trusts [2011], a case involving the judicial review of a decision by a public body for failing to consult properly, is noteworthy for several reasons. Firstly, it is the first instance where a Judicial Review has been brought by one public body against another. However, of greater significance for all public bodies, the case is a salutary warning for all public bodies to ensure that when a consultation is carried out, that it is carried out correctly. In this case, the Royal Brompton & Harefield NHS Foundation Trust ("RBHT") succeeded in obtaining a quashing order on a consultation carried out by the Joint Committee of Primary Care Trusts ("JCPCT") because the consultation was held to be unlawful....

Jan
09
2012

Is youth unemployment linked to immigration?
#Employment

That depends on who you believe. According to Migrationwatch UK the answer is yes....

Jan
06
2012

University of Reading secures deal for student accommodation
#Clarkslegal

Clarkslegal has successfully acted for the University of Reading in securing an investment in the region of £200 million from University Partnerships Programme (UPP) for the long term operation of all of its student accommodation, which had previously been run by the University....

Jan
06
2012

Traffic warden claims unfair dismissal for refusing to issue a large numbers of parking tickets
#Employment

Hakim Berkani, was sacked for alleged gross misconduct in February last year after he allegedly warned a motorist who was about to be ticketed by his colleage. Mr Berkani brought a claim of unfair dismissal in the Central London Employment Tribunal  stating that the real reason for his dismissal was his refusal to issue a high number of tickets. He aleged that his previous emp...

Jan
06
2012

Executive `forced out of job` over LinkedIn CV
#Employment

John Flexman, an HR executive for BG Group has found himself at the centre of a controversial tribunal case. He resigned in June after angering his employers by putting his CV online and avertising that he was interested in other "career opportunities" through his LinkedIn profile. This is thought to be the first case for constructive dismissal after a dispute with bosses over a profil...

Jan
05
2012

Are employees working unpaid overtime costing others their jobs?
#Employment

Potentially yes, if the Trade Union Congress (TUC) latest figures are correct....

Jan
03
2012

Happy New Year - or not, as unemployment levels are predicted to rise...
#Employment

Those thinking that 2012 will bring them increased fortune in the search for a job face disappointment if latest forecast from the Chartered Institute of Personnel and Development (CIPD) proves to be correct....

Dec
22
2011

Tribunal finds Reverend is not "employed by God"
#Employment

As reported in our previous blog, Reverend Sharpe, a former Minister had filed a claim in the Employment Tribunal of unfair dismissal against the Diocese of Worcester. Lawyers for the Diocese of Worcester argued that ecclesiastical laws hold that Church of England clergy are not employees but office holders ‘employed by God’. They therefore contended that Reverend Sharpe was no...

Dec
21
2011

A not so merry Christmas for temporary workers?
#Employment

According to an article in the Telegraph today, a growing number of employers are dismissing temporary workers this week to escape the effects of the Agency Worker Regulations, which came into effect on 1 October 2011. The Regulations state that temporary workers must be given the same salary and benefits as permanent staff after they have worked for the company for 12 weeks. This means that tem...

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