Clarkslegal LLP - Solicitors in Reading and London

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Aug
19
2011

Unfair dismissal claim only prevented if employee misrepresented his employment status
#Employment

The EAT has held in Connolly v Whitestone Solicitors UKEAT/0445/10/ZT that the question the tribunal should have asked when considering if it was contrary to public policy to allow an unfair dismissal claim to proceed, was whether the Claimant had claimed self-employed status with Her Majesty`s Revenue and Customs (HMRC) knowing that he was not entitled to do so, thereby misrepresenting his employment status. The decision provides clarity as to what the Court of Appeal meant by ‘misrepresentation` in Enfield Technical Services v Payne [2008] EWCA Civ 393....

Aug
15
2011

Bullying still going on claims first female Beefeater
#Employment

Buddy reported at the beginning of August on the employment tribunal case of the former Governor of the Tower of London, Major-General Keith Cima. He was sacked by Historic Royal Palaces (HRP) for allegedly calling Beefeaters "thick" and "the lowest of the low" and for criticising his employers. In defence, one of his claims was that he was forced out of his job after he stood up to ‘bullies` tormenting Moira Cameron, the first woman to join the Beefeaters....

Aug
15
2011

Irish employment rights bodies set to amalgamate
#Employment

Richard Bruton, Enterprise Minister for Ireland, has launched a consultation regarding the merger of the five Irish employment rights bodies: the Labour Court (the Irish equivalent of Employment Tribunals), the Labour Relations Commission, the National Employment Rights Authority (NERA), The Employment Appeals Tribunal and the Equality Authority. Bruton said that the country`s “employment...

Aug
15
2011

Friendship comes first for 3 in 4 employees
#Employment

According to a poll by recruitment website Monster, almost 3 in 4 workers (69%) would not inform bosses if they felt a colleague was not performing. 58% of respondents to the survey would instead to try to help their friend improve their work. A further 11% replied that if their boss did notice it was not their concern. The remaining 31% of employees however reported that they would inform their...

Aug
12
2011

Annual Review 2011-12
#Clarkslegal

We are delighted to announce the publication of our Annual Review for 2011-12....

Aug
12
2011

Best way to beat fraud? Send employees on holiday!
#Employment

Leading advisory firm, Ernst & Young are advising employers that the best way to identify fraud within their business is to send employees on extended holidays. Apparently, whilst the employees are away their colleagues are more likely to discover any irregularity. They believe that by forcing employees to take a break of at least two weeks fraud in Britain could be reduced by millions of pou...

Aug
10
2011

Corrections to the Agency Workers Regulations 2010
#Employment

Some drafting errors in the original Agency Workers Regulations 2010 have now been corrected....

Aug
09
2011

London Riots
#Employment

The news pictures of the London Riots make depressing viewing. It`s heartbreaking to hear stories of businesses that have taken years to build up being destroyed in minutes. This is especially so, given that these businesses are already fighting for survival on an economic front....

Aug
09
2011

Flying into trouble
#Dispute Resolution

A contract often contains a degree of flexibility about whether one of its terms must be complied with. Blackpool Airport Limited (BAL) recently found out that such clauses don`t necessarily give as much wriggle room as might be thought. BAL agreed with low cost airline Jet2.com to "co-operate together and use their best endeavours to promote Jet2.com`s low cost services from [Blackpool Airport]" and to "use all reasonable endeavours to provide a low cost base to facilitate Jet2.com`s low-cost pricing". The parties` obligations governing their 15 year agreement were set out in a short letter drafted, according to the court, "with little legal assistance"....

Aug
09
2011

New Paternity Provisions - who is left holding the baby?
#Employment

Until recently, when a male employee would announce he and his partner were going to be parents, the biggest impact on a small business might have been the cost of a round of drinks bought to whet the baby`s head! That`s all changed following the recent introduction of Additional Paternity Leave. Now the impact on small businesses is potentially much greater....

Aug
08
2011

Employer who successfuly defended Employment Tribunal claim is awarded record £100,000 in costs
#Employment

An employer who successfully defended an Employment Tribunal Claim has been awarded a record £100,000 in costs against the Claimant in the case. The female employee had brought a claim of sexual discrimination and harassment, alleging that her boss had subjected her to offensive and degrading comments including discussing breast sizes and calling her a sexy nurse. The Tribunal found her c...

Aug
05
2011

Long term sick: No need to request statutory holiday
#Employment

It has been held in NHS Leed v Larner (2011) that a worker, who had been off sick for a full leave year, was still entitled to payment in lieu of untaken annual leave on termination of employment, despite not having submitted a request for holiday when she was off sick....

Aug
04
2011

Childcare vouchers - employer supported childcare - updated HMRC gudiance published
#Employment

If you provide a childcare voucher scheme for your employees the HMRC has today published updated gudiance for both employers and employees. The employers gudiance can be found at http://www.hmrc.gov.uk/thelibrary/employer-qa.pdf.  Employee gudiance is avaliable at http://www.hmrc.gov.uk/thelibrary/employee-qa.pdf....

Aug
04
2011

Employment status: Smoke & (car) mirrors can`t disguise reality
#Employment

In 2009 we reported the Court of Appeal decision that a group of car valets, employed under terms and conditions purporting to make them self-employed were, in fact, employees. This decision has now been upheld by the Supreme Court in Autoclenz Ltd v Belcher (2011)....

Aug
03
2011

Green Innovation Breakfasts
#Environment

In conjunction with Global Action Plan, the award-winning environmental charity, we are co-hosting an exclusive series of breakfast events in Reading where you can hear from business leaders who have successfully embedded sustainability into their growing companies....

Aug
03
2011

Employmentbuddy`s favourite cases of 2011 (so far)
#Employment

As we are now over half way through 2011, we take a look back at some of our favourite cases so far this year. It`s perhaps a sign of the times that these involve redundancies, company administrations, and the use of social media as well as tricky questions of a philosophical nature.....

Aug
02
2011

Beefeaters and a culture of bullying: claims ex-Governor of the Tower of London
#Employment

The former Governor of the Tower of London has brought a claim in the London Central Employment Tribunal alleging he was sacked for trying to take on a culture of bullying, cannabis growing and financial impropriety amongst the Beefeaters....

Aug
02
2011

Don`t let your company be confused by the Agency Worker Regulations
#Employment

According to a survey of HR professionals by recruitment company Adecco, many employers do not understand the changes which the Agency Workers Regulations will implement in two months time (on 1 October 2011). The regulations will award agency workers many of the same employment rights as permanent employees once they have been engaged for 12 weeks. Other rights, such as access to amenities and...

Jul
29
2011

Money more important than job satisfaction when looking for new job say respondents to CIPD survey.
#Employment

Money more important than job satisfaction when looking for new job say respondents to CIPD survey....

Jul
28
2011

A lucky escape should not prevent dismissal
#Employment

The EAT has held in Wincanton v Atkinson (2011), that it was not unfair to dismiss two lorry drivers who had mistakenly let their HGV licences expire and were therefore driving uninsured. It rejected the tribunal`s view that the employer`s decision was unreasonable as no adverse consequences had come to pass, and the risks posed by the drivers` mistakes remained hypothetical....

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