Clarkslegal LLP - Solicitors in Reading and London

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Nov
01
2011

Disciplinary process pitfalls
#Employment

In the case of Dr Lim v Royal Wolverhampton Hospitals NHS Trust, a hospital consultant, Dr Lim, sought an injunction to prevent the Trust from conducting disciplinary hearings into alleged capability and conduct issues.  He argued that proceeding straight to a disciplinary hearing, without a prior professional standards review, was in breach of the Trust’s disciplinary and conduct poli...

Oct
31
2011

Chambers & Partners results
#Clarkslegal

Chambers and Partners have just announced excellent rankings again for Clarkslegal....

Oct
28
2011

Court of appeal rules on causation in whistleblowing detriment cases
#Employment

In NHS Manchester v Fecitt and others [2011] EWCA Civ 1190, the Court of Appeal considered what the appropriate test of causation is in whistleblowing detriment cases.   It held that in order to avoid liability under the whistleblowing legislation, an employer must demonstrate that the making of the protected disclosure did not materially influence (‘material’ being more than t...

Oct
28
2011

Judicial review of Government`s decision to calculate public service pension increases using CPI
#Employment

In the 2010 budget the Government announced that it would adopt the Consumer Price Index (CPI) instead of the Retail Price Index (RPI) for calculating increases in public service pensions from April 2011. On Tuesday 25 October 2011 a joint legal challenge launched in the High Court by unions and other pensioners’ organisations. The Government is facing two challenges to the change. The jud...

Oct
26
2011

Report argues for unfair dismissal law to be abolished
#Employment

A leaked Government report, commissioned by the Prime Minister, calls for the right for employees to claim unfair dismissal, to be abolished. The report comes from Adrian Beecroft, a venture capitalist and Conservative Party donor.  Mr Beecroft`s report also argues that the unfair dismissal law is particularly abused by some in the public sector. Downing Street has denied any plans to...

Oct
26
2011

Dismissal can still be fair even if it is for a different reason to that relied upon by an employer
#Employment

Mr Screene was a financial controller for Seatwave Limited, a sporting and entertainment events ticketing business.  Seatwave Limited was the victim of a fraud when approximately €1.7m was lost from its German bank account.  It was Mr Screene’s responsibility to monitor this account.  Following a disciplinary process the employer decided to summarily dismiss Mr Screene c...

Oct
25
2011

Immigration: Tier 2 Shortage Occupation List Reduced
#Employment

The revised Tier 2 Shortage Occupation List has been released by the government. The updated list will become valid from 14 November 2011. The government have accepted the Migration Advisory Committee’s (MAC) latest recommendations to reduce the number the jobs covered on the shortage occupation list by 40,000 to a total of 190,000. The shortage occupation list is part of the Tier 2 immig...

Oct
24
2011

Re-engagement and Alternative Vacancies
#Employment

King v Royal Bank of Canada (RBC) illustrated that finding a dismissal was genuinely based on the grounds of redundancy, does not remove the need to consider the remedies of reinstatement or re-engagement. In this case, Ms King was dismissed as a consequence of redundancy.  Incidentally, the dismissal was deemed to be automatically unfair as the employer failed to follow the statutory...

Oct
21
2011

What happens when a compromise agreement goes wrong?
#Employment

Celia Elizabeth Farnon, a Hedge Fund Manager has filed a High Court claim against a law firm who advised her in relation to a discrimination claim against her former employer....

Oct
21
2011

Compensation for loss earnings correctly reduced to zero
#Employment

Employees can be awarded compensation for loss of earnings at Tribunal but they are also under a duty to mitigate their loss. This means that employees need to apply for jobs and accept job offers where they can. Once an employee has started new employment, their compensation for loss of earnings will usually stop at this date....

Oct
19
2011

Employing authority was unreasonable in refusing an ill-health early retirement pension: Parry (81376/1)
#Employment

The Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007 (SI 2007/1166) ("the LGPS Regulations") regulates the position on ill-health early retirement ("IHER") for the Local Government Pension Scheme ("LGPS")....

Oct
17
2011

First conviction under the Bribery Act 2010
#Employment

Munir Patel, a clerk in the Redbridge Magistrates Court, has become the first person to be prosecuted and convicted under the Bribery Act 2010 after admitting to bribery and misconduct in a public office....

Oct
14
2011

Issuing a notice of termination by mistake cannot be withdrawn
#Employment

The Court of Appeal has upheld the EAT`s decision in CF Capital v Willoughby concluding that an employer was unable to withdraw notice of termination given to an employee as a result of a "misunderstanding." CF Capital sought to rely on the "special circumstances" exception which would allow the employer to retract the notice. However, the Court of Appeal (in agreement with the EAT) held that the notice given by the employer was clear and unambiguous and provided a clear intention to terminate....

Oct
14
2011

Work permit expiry should not have limited unfair dismissal compensation
#Employment

In Ram v J D Wetherspoon PLC UKEAT/0080/11 the EAT considered the effect of the expiry of an employee`s work permit on damages for unfair dismissal, where the employee had applied for indefinite leave to remain in the UK....

Oct
12
2011

Former X Factor contestants 2 Shoes hope they are not victims of pregnancy discrimination
#Employment

Following their dramatic exit from last weekend`s X Factor live shows, one half of the band `2 Shoes`, Charley Bird, has given an interview (reported on the Mail Online website) stating that it would be `really, really wrong` if her pregnancy was the reason that judge Tulisa Contostavlos chose to send the group home....

Oct
12
2011

EAT considers when terms and conditions can be changed after a TUPE transfer
#Employment

Changing terms and conditions after a TUPE transfer can be tricky. If the terms are being changed because of the transfer itself or for a reason connected with the transfer which is not an economic, technical or organisational reason entailing changes in the workforce then TUPE renders the change void....

Oct
12
2011

When can employers vary contracts of employees who have transferred under TUPE?
#Employment

Regulation 4(4) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) ("TUPE") provides that if an employer seeks to vary an employee`s employment contract following a TUPE transfer, that variation will be void if the sole or principal reason is the transfer itself....

Oct
11
2011

Can an appellant amend a Notice of Appeal in a rule 3(10) hearing?
#Employment

In order to appeal a Tribunal decision to the Employment Appeal Tribunal (EAT) an appellant must serve a Notice of Appeal. A judge or Registrar will review the Notice of Appeal and decide whether the appeal can be heard....

Oct
10
2011

Homosexual job applicants 40% less likely to get an interview
#Employment

According to the findings of research by Andras Tilcsik, a Harvard social scientist which was reported on the Mail Online website this week, job applicants who submit a CV which notifies potential employers of their homosexuality are 40 per cent less likely to get called for an interview. The results of Mr Tilcsik’s research was compiled by his sending out two sets of CVs to 1,769 US compa...

Oct
10
2011

Refusal to provide deaf employee with English lipspeaker support for costs reasons was not disability discrimination
#Employment

The Employment Appeal Tribunal (EAT) has held in Cordell v Foreign & Commonwealth Office UKEAT/0016/11 that refusing to provide a deaf employee with English lipspeaker support was not a failure to make reasonable adjustments because the cost of providing such support was unreasonable. The Claimant in this case had accepted a promotion to a role in Kazakhstan.  Her employer had provided...

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