Clarkslegal LLP - Solicitors in Reading and London

Legal Updates

Search Legal Updates

Oct
07
2011

To tweet or not to tweet
#Employment

The use of social media can be a minefield, creating many issues for employers which are increasingly being seen in Tribunals. Employers who ignore the rise of this medium do so at their peril....

Oct
07
2011

Decision that Anti-fox hunting stance is a "philosophical belief" upheld
#Employment

In a judgement passed on 4 March 2011 in Hashman v MiltonPark (Dorset) Ltd t/a Orchard Park, an employment Tribunal held that a beliefin the sanctity of life, extending to a fervent anti-fox hunting belief,constituted a philosophical belief for the purposes of the Religion or BeliefRegulations (now enshrined in the Equality Act 2010).   However, the Tribunal stressed that its decision was...

Oct
07
2011

Confusing and contradictory policies led to an unfair dismissal
#Employment

In a case which highlights the importance of having clear, unambiguous and well publicised policies, and then abiding by them, the EAT had held that an employee who consumed alcohol during working hours was unfairly dismissed....

Oct
05
2011

The Legal 500 - Clarkslegal highly recommended again
#Clarkslegal

Results for the 2011 edition of The Legal 500 have just been published, with extremely positive rankings for Clarkslegal....

Oct
05
2011

Survey reveals employer`s response to the abolition of the default retirement age
#Employment

After the Employment Equality (Repeal of Retirement Age Provisions) Regulations it is now no longer legally possible for employers to retire their employees automatically when they reach the age of 65....

Oct
03
2011

Qualifying service for unfair dismissal to rise from one year to two years
#Employment

George Osbourne announced today at the Conservative Party conference in Manchester that the qualifying service for unfair dismissal will increase from one year to two years.  This change will take effect in April 2012. While many employers may welcome this change others have suggested that claimants will bring more disrcimination claims in the Employment Tribunal if they cannot bring unfair...

Oct
03
2011

Tribunal fees to be introduced
#Employment

Currently claimants can start claims in the Employment Tribunal without paying any fee, however fees are common in the court system. The Chancellor announced at the Conservative Party Conference that from April 2013 the following fees will be introduced in the Employment Tribunal System and claimsnts will have to pay;  £250 when applying to a tribunal and a further £1000...

Sep
30
2011

Environmental Class Action blocked by Courts
#Dispute Resolution

In Austin & Others -v- Miller Argent (South Wales) Ltd [2011] EWCA Civ 928, the Court of Appeal has upheld a decision to refuse a Group Litigation Order ("GLO") in respect of a claim by more than 500 residents who were trying to impose controls on a land reclamation scheme near Merthyr Tydfil. A GLO is the means of bringing a class action in England and Wales and usually involves combining numerous low value claims in a single law suit thereby reducing the legal costs of bringing multiple claims....

Sep
29
2011

1 October 2011 - new legislation reminder
#Employment

The Agency Workers Regulations 2010 come into force tomorrow. Further details of this legislation can be found in Buddy`s recent news article Agency Workers The Countdown Begins and Agency Workers Regulations AuditQuestionnaire for Agency, Information for Agency on 12 week entitlements and Agency Workers Day 1 entitlements checklist. Don`t forget that the 2011 National Minimum Wage (NMW) rates also come into effect tomorrow:...

Sep
29
2011

Employee References - how honest should you be?
#Employment

Jackson v Liverpool City Council Mr Jackson left the Council`s employment in 2007 to take up a position in Sefton Borough Council`s adult services department. In 2008, Mr Jackson applied for a position in the child services department within Sefton Council. As this role was dependant on satisfactory references, Mr Jackson approached Ms Griffiths of Liverpool City Council. Owing to certain concerns that had arisen after Mr Jackson had left employment, specifically in connection with his recordkeeping, Ms Griffiths explained she was unable to confirm or deny whether she would employ Mr Jackson again. Her rationale for this indecisive response was because the allegations against Mr Jackson had not been investigated formally. Mr Jackson was unsuccessful in his application and he therefore decided to pursue a claim for damages in the County Court....

Sep
29
2011

Can you dismiss an employee for failing to carry out his job?
#Employment

Man City Footballer, Carlos Tevez, seemingly refused to play as a substitute in a match on 27 September 2011.  His boss, Roberto Mancini, reacted by saying: "If we want to improve as a team, Carlos can`t play with us. With me, he is finished."  Would Mancini have grounds to dismiss Tevez? Playing football for Man City will be the main obligation Tevez should fulfil under his contract o...

Sep
29
2011

Extention of qualifying period for unfair dismissal claims is "not definate" according to the Government
#Employment

Despite its red tape review stating that the increase in the qualifying period of employment need to bring a claim of unfair dismissal in the Tribunal would be increased to 2 years, the Government has announced that the increased is not yet definite. The review paper stated "We are increasing the qualifying period for employees to be able to bring a claim for unfair dismissal from one to two year...

Sep
28
2011

Government proposals to deregulate business
#Employment

The Government has published proposals to deregulate business....

Sep
27
2011

Victory for 18 year old sacked after claiming minimum wage
#Employment

It has been reported in the Metro that an 18 year old pot washer was dismissed days after informing her employer that they would have to increase her hourly rate from £4 to £4.92 after she turned 18. The employee brought and won a claim for age discrimination in the employment tribunal. Some employers mistakenly believe that they can treat young workers, particularly those just...

Sep
26
2011

Changes to the Construction Act
#Construction

The Local Democracy, Economic Development and Construction Act 2009 comes into force on 1 October 2011. This Act amends the existing Housing Grants, Construction and Regeneration Act 1996 known as the Construction Act. The Construction Act was intended to improve payment practices within the UK construction industry. The future changes follow the same agenda, widening the application of the Construction Act to unwritten contracts and offering enhanced protection from unfair payment procedures....

Sep
26
2011

Court imposes prison sentence for making false statements
#Dispute Resolution

A recent case serves as a timely reminder of the serious consequences that can follow if a person includes a statement in a witness statement or other Court document which they know to be untrue. In legal proceedings, the parties are required to verify certain Court documents by signing what is called a "Statement of Truth". This is a statement that the individual honestly believes that the information in the document is true....

Sep
26
2011

Disabled employees: Reasonableness of adjustments
#Employment

Under the Equality Act 2010, where an employee is placed at a disadvantage by an employer`s policy, criterion or practice, the employer is under a duty to take reasonable steps to avoid the disadvantage....

Sep
22
2011

ECJ rules that airline pilots` paid annual leave must include flying supplements
#Employment

In the case of Williams and others v British Airways plc (Case C-155/10 ECJ), the ECJ has held that airline pilots’ paid annual leave must include supplementary flying payments.  The case was referred to the ECJ by the Supreme Court. In this case, the pilots’ holiday pay was made up of their basic salary but did not include flying supplements to which they were entitled as part...

Sep
22
2011

A BT telesales worker has been awarded a record £290,000 payout!
#Employment

A BT telesales worker earning £20,000 p.a., who left her job after several incidents of alleged bullying, has been awarded a record £290,000 payout from BT after her complaints of sex discrimination and unfair dismissal were upheld. This sum represents the highest Employment Tribunal payout in the past year and included damages for personal injury, loss of potential future earnings and injury to feelings. The Tribunal found that the line manager responsible for the harassment had displayed a bullying management style and had used "obscene, homophobic and racist language."...

Sep
21
2011

Age restriction on pilots contained in collective agreement is not compatible with EU law
#Employment

A recent ECJ case (Prigge and ors v Deutsche Lufthansa AG), on appeal from the German Federal Labour Court, has held that a compulsory retirement age of 60 for Lufthansa airline pilots (set out in a collective agreement) was unlawful. The ECJ concluded that this provision was a "disproportionate requirement" that went against International and German national measures whereby the mandatory retirement age for pilots is 65....

Page 78 of 102