Clarkslegal LLP - Solicitors in Reading and London

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Feb
09
2012

CIPD publishes Apprenticeships that work: a guide for employers
#Employment

The CIPD has published Apprenticeships that work: a guide for employers as a one-stop-shop for employers looking to offer apprenticeships....

Feb
08
2012

Construction Adjudications - meaning of a "dispute" and absence of effective notice of withholding
#Construction

Jurisdictional challenges are the order of the day in adjudications. These jurisdictional questions can be a hard fought issues running parallel with the Adjudicator`s main purpose of deciding whether a contractor should be paid the sums claimed, in what is after all a fast track summary process that is aimed at addressing the contractor`s problems of cash flow when an employer refuses to pay them....

Feb
07
2012

Dilapidations Protocol Becomes Law
#Dispute Resolution

For some years` the "Pre-action Protocol for claims for damages in relation to the physical state of commercial property at termination of a tenancy" - better known as "the Dilapidations Protocol" has been followed imperfectly (if at all) by landlords, tenants, surveyors and solicitors....

Feb
07
2012

Apprenticeships Week 2012
#Employment

The Prime Minister, David Cameron, has announced a new round of Government funding to support thousands of apprenticeships and help deliver the world class skills firms need to drive growth...

Feb
06
2012

Employee or Independent Contractor?
#Employment

Employment contracts often label the employment status of a worker as either "employee" or "independent contractor".  The main difference between the two being that employees have greater protection under employment laws and the employer is responsible for deducting PAYE and class 1 national insurance contributions....

Feb
06
2012

England coach Fabio Capello may have breached his contract by expressing his views on John Terry being demoted as captain.
#Employment

Reports on the BBC Website today say that Fabio Capello may be in breach of his contract having expressed to Italian TV Channel RAI that he found the FA`s decision to force Terry to step down as Captain unfair....

Feb
06
2012

All change for the Intestacy Rules?
#Real Estate

When a person dies "intestate", that is without leaving a valid Will disposing of the whole of his or her property, the distribution of any money and other assets among surviving family members is governed by a set of legal rules known as the intestacy rules. These rules date back to 1925 and have not been comprehensively reviewed for over 20 years. At the end of last year however the Law Commission published its review of the rules (Law Com No 331) and draft legislation (the draft Inheritance and Trustees` Powers Bill and the draft Inheritance (Cohabitants) Bill) proposing a number of amendments including giving rights in intestacy to cohabiters equal to those of spouses and civil partners. But what do the proposed changes mean for you?...

Feb
06
2012

Economic Outlook Survey
#Clarkslegal

We recently hosted "Going for Gold: The Economic Outlook for 2012", alongside Forbury Investment Network, Kingston Smith and Natwest Group in London....

Feb
03
2012

A Guarantor or not a Guarantor? That is the question.
#Real Estate

The vexed question as to the extent of a guarantor`s continued liability for a tenant proposing to assign its lease finally came before the Court of Appeal in K/S Victoria Street v House of Fraser (Stores Management) Ltd & others....

Feb
02
2012

West end stars of Legally Blonde row over right to return from maternity leave
#Employment

It is a subject which has caused much debate over the past few days, and has led to a number of "twitter wars" breaking out....

Feb
01
2012

Can a fixed share equity partner be an employee?
#Employment

In Tiffin v Lester Aldridge LLP Mr Tiffin was a fixed-share partner in Lester Aldridge LLP. When Mr Tiffin was dismissed in February 2009, Mr Tiffin brought claims in the Employment Tribunal ("ET") and in doing so sought to establish that he was an employee....

Feb
01
2012

Collective Redundancy: Definition of Establishment
#Employment

Former employees of Woolworths have successfully brought an action for its failure to inform and consult, in connection with a collective redundancy procedure....

Feb
01
2012

Hurry! Get Stamp Duty Land Tax Relief before it disappears
#Real Estate

It is time to act if you are a first time buyer and would like to save up to £2,500 on the purchase of your first property. The Stamp Duty Land Tax (SDLT) "holiday" announced by the Chancellor in his Budget on 24th March 2010 will end at midnight on the 24th March 2012. At present, first time buyers do not pay SDLT on purchases of up to £250,000. Beware - this first time buyer relief is time limited and will end soon....

Feb
01
2012

Will you keep your New Year resolutions?
#Employment

No chocolate, go to the gym etc etc etc ......How about trying some HR ones instead!...

Feb
01
2012

Tribunal Award Limit Changes 1 February 2012
#Employment

With effect from today, the maximum compensatory award for unfair dismissal increases from £68,400 to £72.300.Other changes coming into force today include:-  The limit on the amount of a week`s pay for statutory redundancy payments and the basic award for unfair dismissal will increase from £400 to £430 an increase in the maximum amount of a guarantee payment payable to an employee from £22....

Jan
30
2012

Third party harassment must relate to a protected characteristic
#Employment

Clarkslegal LLP was instructed to act on one of the first employment tribunal cases concerning third party harassment....

Jan
30
2012

Tribunal finds traffic warden WAS unfairly dismissed
#Employment

At the start of January buddy blogged about a traffic warden who had brought a claim of unfair dismissal after he was allegedly dismissed for refusing to issue the public with excessive amounts of tickets....

Jan
26
2012

New timetable for Pensions Auto-Enrolment published
#Employment

As outlined in a buddy blog late last year, the Department for Work and Pensions planned to amendthe timetable for auto-enrolment into pension schemes. Yesterday the new timetable (set out below) was published....

Jan
25
2012

Cable to tackle executive pay issue
#Employment

Vince Cable, Secretary of State for Business, Innovation and Skills, has this week announced a package of measures to try to curb excessive pay for executives....

Jan
25
2012

Redundancies and Suitable Alternative Employment
#Employment

The case of Readman v Devon Primary Care Trust has illustrated that an employee is said to act reasonably in refusing an offer of suitable alternative employment where the Employment Tribunal correctly concludes that a reasonable employee would have accepted the employer`s offer....

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