Clarkslegal LLP - Solicitors in Reading and London

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Nov
24
2011

The man who sued God
#Employment

The Birmingham Employment Tribunal is being asked to rule whether vicar Reverend Sharp is entitled to bring an unfair dismissal claim against the Diocese of Worcester. After moving to the idyllic rural parish of Teme Valley South in January 2005, Reverend Sharpe alleges that he was subjected to a campaign of ‘intimidation from toxic parishioners’ which led to him developing stress-re...

Nov
23
2011

Radical proposals for employment law reforms
#Employment

The Government has announced today proposals for radical employment law reforms. Some of the key proposals include:...

Nov
23
2011

Scot wins unfair dismissal claim but was not subjected to discrimination
#Employment

As reported in our previous blog, Scottish worker, Mark Lynch, sued his former employer for racial discrimiation and constructive unfair dismissal following alleged taunts about his Scottish nationality, including "sweaty sock"....

Nov
22
2011

Sickness absence review findings
#Employment

Last week, the Government published its sickness absence review report...

Nov
18
2011

Costs - Misguided Allegations of Discrimination
#Employment

The Court of Appeal in Dean &Dean v Dionissou-Moussaoui has ruled that a tribunal should not necessarily award costs where "scandalous and vexatious" claims are withdrawn or struck out at a PHR on jurisdictional grounds if the claims are contested and the evidence has not been tested....

Nov
18
2011

What do librarians and grave-diggers have in common?
#Employment

In the case of City of Edinburgh v Wilkinson, the Court of Session has held that claimants in an equal pay claim, who were employed in a variety of posts within the Council, including: schools, hostels and libraries, could utilise comparators working for the Council in different locations and posts....

Nov
17
2011

Scotsman called "sweaty sock" and "caber tosser" by english colleagues brings race discrimination claim
#Employment

Scottish Slaughterman, Mark Lynch, is suing his former employers for racial discrimination and constructive unfair dismissal in the Employment Tribunal after bullying allegedly forced him to quit his job. Mr Lynch alleges that throughout his seven years employment he was subjected to variety of insults from colleagues regarding his nationality, including: calling him “Jock”, “S...

Nov
17
2011

Pension Claims for Part-Time Workers
#Employment

In Copple & others v Littlewoods Plc & others the employer`s pension scheme had historically been closed to part- time employees...

Nov
15
2011

Ups and downs
#Employment

The rate of Consumer Prices Index inflation in the UK fell slightly during October to 5%...

Nov
14
2011

Plans for "protected conversations" confirmed
#Employment

We mentioned in our article last week that the Deputy Prime Minister, Nick Clegg, announced that he wanted employers to be able to ask older staff about their performance and retirement plans, without the threat of litigation, by being able to have protected conversations...

Nov
10
2011

High Court holds church can be vicariously liable for priest`s torts
#Employment

It was decided in JGE v English Province of Our Lady of Charity that the Catholic Church could be found to be vicariously liable for the actions of a priest....

Nov
09
2011

Wearing a poppy at work is not a "belief" for the purposes of discrimination law
#Employment

The Equality Act 2010 (“EqA 2010”) prohibits discrimination in the workplace because of religion or belief.  Guidance from case law states that a” belief” must: be a belief, not an opinion; be genuinely held; be a belief as to a weighty and substantial aspect of human life and behaviour; attain a certain level of cogency, seriousness, cohesion and importance; an...

Nov
09
2011

The UK is best value for international arbitration
#Dispute Resolution

The UK came out top in a recent survey conducted by the Chartered Institute of Arbitration on the cheapest place in Europe to hold an international arbitration....

Nov
08
2011

Inconsistency of treatment will not necessarily be unfair
#Employment

General Mills (Berwick) Ltd v Glowacki (2011) The EAT has found that it was not unfair to dismiss an employee for breach of health & safety procedures, just because it treated another employee in a similar scenario differently. Mr Glowacki worked as an electrician for General Mills (Berwick) Ltd.  When repairing a machine, he disabled certain sensors and entered the body of the ma...

Nov
08
2011

Employees On Long Term Sick Must Claim Holiday In Order To Be Paid
#Employment

The Employment Appeal Tribunal has held in In Fraser v Southwest London St George`s Mental Health Trust that an employee on long-term sick leave must request annual leave, during the year in question, in order to be paid for it....

Nov
04
2011

New tribunal statistics suggest flexible working is not a burden on employers
#Employment

The Chartered Institute of Personnel and Development (CIPD) has made a Freedom of Information request for information on the number of employment tribunal claims relating to the right to request flexible working. Figures generated by the CIPD indicate that in 2010/2011, a total of 218,100 tribunal claims were accepted. From this on 277 claims alleged that their employers had failed to consider a...

Nov
03
2011

Rumours & Red Tape
#Employment

There were a number of news stories circulating last week about the Government`s possible future approach to employment law. We take a look behind the headlines, as well as examining some of the more concrete plans to shake up employment law in the future....

Nov
02
2011

Incorporation of the disciplinary policy
#Employment

The case of Hussain v Surrey and Sussex Healthcare NHS Trust highlighted what factors the Court should consider when deciding whether a provision should have contractual effect.  It was said the relevant factors included: (a) the importance of the provision to the contractual working relationship; (b) the level of detail prescribed by the provision; (c) the certainty of what the provisi...

Nov
02
2011

Millionare awarded £1,000 in costs against a Claimant in Tribunal Proceedings
#Employment

Thomas Salwey was employed as Security Guard at the estate of one of the UKs richest men, Felix Dennis who has an estimated fortune of £500 million.He was allegedly dismissed for  failing to complete a number of tasks associated with his job, including: failing to give water to the estates chickens; not watering the  lawn; not washing up cups after hims...

Nov
01
2011

Illegality and Immigration Restrictions
#Employment

Okuoimose v City Facilities illustrated that in an employee’s claim for non payment of contractual wages, there is no defence for an employer to state they did have reasonable knowledge that the employee’s contract was illegal but feared they would be exposed to penalties.  The EAT says the question was whether the contract was illegal, not whether it wa...

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