Clarkslegal LLP - Solicitors in Reading and London

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May
24
2011

Transfer of private sewers and lateral drains to public ownership
#Real Estate

On 1st October 2011 it is anticipated that approximately 2,000 kilometers of privately- owned sewers and lateral drains in England will be transferred to water and sewerage companies ("WSC")....

May
20
2011

Chefs in hot water
#Employment

The Daily Mail has reported this week that Celebrity Chef Gordon Ramsey`s Mother-In-Law is to sue him in the Employment Tribunal for alleged unfair dismissal, failure to make a redundancy payment, breach of contract and breaches of the working time regulations....

May
19
2011

Scrutiny of redundancy scoring exceptional
#Employment

In Dabson v David Cover & Sons (2011), the EAT has upheld the ET decision that the dismissal of the Claimant on grounds of redundancy was fair. The EAT held that when assessing the fairness of selection for redundancy, the marks awarded in the selection exercise should only be investigated in exceptional circumstances, such as bias or obvious mistake....

May
19
2011

Career long loss exceptional
#Employment

The Court of Appeal has held in Wardle v Credit Agricole Corporate and Investment Bank (2011), that tribunals should assess future loss of earnings up to the point when an employee is likely to secure an equivalent job. Assessment of career-long compensation will not be appropriate except where there is no real prospect of the employee ever obtaining an equivalent job. This may not produce an accurate result as things turn out, but it is the best that can be done to achieve finality in law....

May
19
2011

Consultation on Modern Workplaces
#Employment

You may have already seen our blog this week about the government proposals to introduce flexible parental leave. This is part of a consultation document entitled ‘Consultation on Modern Workplaces` launched by the Department for BIS and is not the only radical proposal for reform. This proposal and others include the following:...

May
16
2011

Stressed workers fear redundancy for speaking out
#Employment

Research by mental health charity, Mind published yesterday confirms that over 40% of employees are currently "stressed" or "very stressed" by their job. 70% of those surveyed felt that their boss would do nothing to help them alleviate their workplace stress....

May
16
2011

Radical proposals for parental leave & flexible working
#Employment

The Government has today launched a consultation on plans to introduce a new system of flexible parental leave, which could come into force from 2015....

May
13
2011

"Fit note" not fit for purpose say results of CBI survey
#Employment

When so called "fit notes" were introduced last year it was hoped that they would result in a decrease in sickness absence levels. A survey by the CBI of 223 employers published this week shows that they have failed to achieve this, and in fact the UK average level of sickness absence has increased....

May
13
2011

Cuts to public sector spending - the cost to the Third Sector
#Employment

The impact of the recession, a rise in the demand for services combined with a reduction in public and corporate income has undoubtedly created a challenging environment for charities and voluntary groups. The knock-on effect on jobs in the third sector, which rely on public sector contracts, is yet to be seen....

May
12
2011

UK employees unsatisfied and unmotivated
#Employment

According to new research published by Lumesse, UK staff have the second least job satisfaction from 14 countries surveyed. Scandinavians were apparently the happiest staff....

May
12
2011

Government to Review Employment Law
#Employment

The government announced yesterday that it will look at the case for employment law reforms in areas such as TUPE, discrimination compensation and collective redundancy consultations periods....

May
12
2011

Red Card for FIFA officials?
#Employment

The astounding allegations of bribes sought by four FIFA officials in return for their votes in support of England`s failed 2018 World Cup bid (http://news.bbc.co.uk/sport1/hi/football/9481563.stm) highlights just the sort of unethical behaviour the new Bribery Act 2010 is aimed at stamping out. Unfortunately these FIFA execs will not be able to be prosecuted under the Bribery Act because the alleged discussions obviously occurred before the Act comes into effect on 1 July this year....

May
12
2011

Public Sector Equality Duty
#Employment

The new Public Sector Equality Duty, which came into force on 5 April 2011, requires public bodies to consider the impact of their policies and methods of delivering services on those who possess certain protected characteristics....

May
10
2011

What a "Carry On"...
#Employment

This week the Employment Tribunal gave judgement in favour of a Claimant who was subject to discrimination and harassment of a sexual nature which was compared to the Carry On... film franchise....

May
09
2011

Agency workers - final guidance published
#Employment

The Government has published its final guidance on the Agency Worker Regulations 2010, which are due in force on 1 October this year....

May
06
2011

when is "non contractual" actually contractual?
#Employment

In Watkins v Journeys Toward Recovery ET/1606842/10 the Tribunal held that parts of a handbook that is stated to be non-contractual was in fact incorporated into the Claimant`s contract of employment....

May
06
2011

TU membership: Will 2011 see the steady decline reverse?
#Employment

The numerous threats of industrial action against government spending cuts and high profile strikes by BA and Royal Mail staff would perhaps have people thinking that unions are regaining the strength they had in the 1970s. However the most recent statistics released by the Department for Business, Innovation and Skills (BIS) show that trade union membership amongst UK employees in fact fell by 2.7 percent compared to 2009...

May
06
2011

The Law and Practice of Restructuring in the UK and US
#Employment

Two of our restructuring specialists, Managing Partner Michael Sippitt and Associate Nick Huffer, have co-authored a chapter in the recently released book "The Law and Practice of Restructuring in the UK and US", published by Oxford University Press....

May
05
2011

Much-awaited Bribery Act Guidance released
#Employment

On one hand the Government is championing its ‘Cut the Red Tape` agenda....

May
05
2011

Much-awaited Bribery Act Guidance released
#Employment

On one hand the Government is championing its ‘Cut the Red Tape` agenda. On the other it is bringing into law the Bribery Act 2010, which requires companies to implement comprehensive anti-bribery policies and procedures before the 1 July 2011 commencement date....

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