Clarkslegal LLP - Solicitors in Reading and London

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Jan
24
2011

It is for employers to show that detriments are in no sense whatsoever on the grounds of a protected disclosure
#Employment

In Fecitt and others v NHS Manchester EAT/0150/10 the EAT have held that in detriment claims under s.47B of the Employment Rights Act 1996 (commonly referred to as whistleblowing claims) it is for the employer to show that the dismissal was "in no sense whatsoever" on the grounds of the protected disclosure. This means that the disclosure must play no more than a trivial part in causing the detriment....

Jan
20
2011

Swiss bank UBS makes over 44 page dress code
#Employment

The UBS dress code, which ran to 44 pages, has become something of an internet phenomenon after being leaked in December 2010. The original dress code was extremely comprehensive. Interesting points raised include asking female staff to only wear underwear that matches their skin tone as well as a limit on the amount of jewellery a woman can wear (7 items at the most)....

Jan
17
2011

Couples to share maternity leave
#Employment

Worryingly the announcement today by Nick Clegg regarding couples sharing maternity leave, where fathers can take some of the mother`s unused leave, goes even further than previously expected, by suggesting that the time off could be taken in shorter "blocks" of time rather than all at the same time or concurrently rather than consecutively....

Jan
14
2011

EAT holds that employer atempting to make a pub less attractive to gay customers discriminated against a gay employee
#Employment

In Lisboa v Realpubs Ltd and others the EAT held that a policy of trying to rebrand a pub where the Claimant worked to appeal to non gay customers constituted direct discrimination against a gay employee who was not comfortable with implementing such a policy....

Jan
14
2011

Michael Sippitt`s contribution to The Actuary
#Clarkslegal

Due to our increasing profile and expertise within the environmental sector, particularly in the development of new technologies in combatting climate change, Managing Partner Michael Sippitt has contributed the following article to The Actuary, the magazine for the Actuarial profession, investigating how Actuaries can play a vital role in assessing climate risk....

Jan
14
2011

Retirement Process Update - Extent to which statutory procedures can still be used
#Employment

Most retirement policies reflect the current statutory retirement procedures which set out a national default retirement age of 65. Where this statutory procedure has been followed to the letter, employers have been able to retire employees without risk of unfair dismissal or age discrimination claims....

Jan
12
2011

Neighbourhood Development Orders
#Inward Investment

In the recently published Localism Bill, the same rules regarding the body that can be a qualifying body entitled to initiate the process for making a neighbourhood development order and as regards the neighbourhood area, are applicable to neighbourhood development orders as they are to neighbourhood development plans....

Jan
11
2011

BBC Loses Age Discrimination Claim
#Employment

"Youth," according to Herbert Henry Asquith, "would be an ideal state if it came a little later in life." Whether or not this sentiment was foremost on the mind of the Judge in the tribunal claim brought by Miriam O`Reilly has yet to be known. We can be more certain of the fact however that today`s Judgment from the London Central ET will have far-reaching implications in the media....

Jan
10
2011

Neighbourhood Development Plans
#Inward Investment

The Government`s intention to involve local communities in planning matters was well publicised over a number of months but ministerial statements left it unclear how the proposed neighbourhood plans would relate to strategies and policies contained in local planning authority development plan documents, such as Core Strategies, that have been gradually emerging through the local development framework system introduced by the Planning and Compulsory Purchase Act 2004. The Localism Bill published last month has clarified some of the main areas of uncertainty....

Jan
07
2011

Tick-Tock for Tax - Post Termination Payments
#Employment

Come April 2011 there will be a significant change to the treatment of income tax on post termination payments made to employees....

Jan
07
2011

Dangers of Transferring Confidential Information
#Employment

In Brandeaux Advisers (UK) Ltd and others v Chadwick (2010), the High Court looked at whether the employee`s conduct of sending large amounts of confidential information to her personal email account amounted to a repudiatory breach of contract....

Jan
07
2011

Flexible Working Legislation Extended To Parents of Children Aged Under 18
#Employment

The right to request flexible working currently applies to parents of children aged under 17, parents of disabled children aged under 18 and carers of dependant adults. This right is to be extended to parents of all children aged under 18 and will come into force on 6 April 2011....

Jan
07
2011

New Tribunal Award Limits
#Employment

From 1 February 2011, the cap on the compensatory award for unfair dismissal increases from £65,300 to £68,400. Other changes coming into force on the same date include:...

Dec
17
2010

Retirement
#Employment

Employers are still in the dark about how to deal with retirements falling after 1 October 2011....

Dec
17
2010

Equal pay - 6 years to bring a claim?
#Employment

If an employee believes she (it`s usually a she, but don`t count on it!) is being paid less than a male comparator she can bring a claim in the employment tribunal. Generally speaking she can bring a claim at any time during her employment or within 6 months of her employment coming to an end....

Dec
16
2010

Statutory Rates and Limits increases for 2011
#Employment

The following increases have been announced in recent days. From 1 February 2011, the maximum compensatory award for unfair dismissal will increase from £65,300 to £68,400....

Dec
15
2010

Are you a Christmas Party Scrooge?
#Employment

Ebenezer Scrooge, from the Charles Dickens novel A Christmas Carol had a catchphrase, "Bah, humbug!", which may often be used by employers at this time of year to express their disgust with the tradition of holding office parties in a time of economic and employment law challenges....

Dec
13
2010

Biodiversity can be an economic driver
#Environment

A major new UN report was released in Nagoya, Japan, during October; The Economics of Ecosystems and Biodiversity (Teeb). Teeb sets out the value of our natural world and the dependence we have on it financially and economically. Though not a novel idea, the report serves to highlight the interdependent relationship between economics and biodiversity, whose association will certainly become closer than ever as the impacts of climate change begin to materialise. In order to maintain a sustainable economy, biodiversity and the natural world should be managed and protected in the same way that other assets are valued....

Dec
13
2010

Venture Incubators
#Environment

Business as usual is clearly failing us and over the coming years we will need to adapt to many different challenges if we are to survive - the most notable challenge being the reduction of the daily environmental impact of our lives. The adoption of innovative new ideas and technologies is essential for this adaptation. Realisation of this innovation, however, requires funding. What is not clear is where the funding has gone and if it has not gone then why ‘venture` (the undertaking of risk) has left venture capital and how can we get it back?...

Dec
13
2010

Innovations in Education
#Education

The education sector is rife for innovation, from innovative new models to the integration of technologies. It is also the sector that can do the most to instil innovation in tomorrow`s leaders. This though, will require reshaping of the curriculum to more open learning and less test-based assessments whilst rethinking and re-inventing the role of technology in education....

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