Clarkslegal LLP - Solicitors in Reading and London

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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....

Jul
27
2011

A Single European Contract Law?
#Dispute Resolution

The single European currency may be undergoing a difficult period, but the European Commission is nevertheless pressing ahead with its plans for the formation of a single European contract law aimed at supporting trade across countries within the European single market....

Jul
27
2011

Greggs employee was unfairly dismissed following scone incident
#Employment

A manager who was sacked from her job at a Greggs bakery store in Glasgow has won her unfair dismissal claim against the shop, and been awarded £23,000 in compensation.   The Claimant, Suzanne Hamilton, had worked as a manager for Greggs for 26 years. She had a clean disciplinary record until she was forced to either resign or be demoted following an incident involving a packet of sc...

Jul
27
2011

Requests not to retire must be considered in "good faith"
#Employment

Although the Default Retirement Age was abolished in April this year, employers who issued retirement notices before this, should take note of the EAT decision in Compass Group v Ayodele (2011)....

Jul
27
2011

One year to go! It`s the final countdown to the Olympics
#Employment

This time next year the greatest sporting event in the world will have begun. So what should employers be thinking about in preparation? Acas have published guidance to assist employers on making sure they get the best from their staff and to reduce the risk of unauthorised absence during the event. The guidance covers the following:...

Jul
25
2011

Business group urges Government to think positive & be flexible
#Employment

The CBI has called on the Government to rethink its approach to employment law in a report published today entitled "Thinking Positive: the 21st century employment relationship"....

Jul
25
2011

No reasonable prospects of success for "dunking" dismissal employees?
#Employment

Former employees of Woburn Abbey Country House are bringing unfair dismissal claims against Bedford Estates who own the property....

Jul
19
2011

A Brief Overview of the Law Relating to Late Delivery
#Dispute Resolution

When purchasing a car, consumers want their new vehicle as soon as possible. If you look at any internet car forum or motoring magazine these days, it is not uncommon to find complaints about the late delivery of new vehicles and enquiries about what legal action consumers can take....

Jul
18
2011

Online Retirement Age Survey. The results are out...
#Employment

Thank you to everyone who participated in the survey - the results have been extremely interesting and have helped gauge the general level of understanding of the issues associated with the abolition of the default retirement age, how employers intend to deal with retirement in the future and what help / guidance employers need....

Jul
18
2011

Long term sick leave & the expiry of untaken holiday
#Employment

The Advocate General (AG) has handed down an Opinion stating that holiday entitlement for workers on long-term sick leave, may expire 18 months after the end of the holiday year....

Jul
18
2011

Requirement to clean communal fridge: Indirect religious discrimination?
#Employment

In Chatwal v Wandsworth Borough Council (2011), the EAT considered whether the requirement for staff to clean a communal fridge as a condition of its use amounted to indirect religious discrimination....

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