Clarkslegal LLP - Solicitors in Reading and London

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Sep
24
2010

References and victimisation
#Employment

Employers who are sued by a former employee are unlikley to want to give them a glowing reference. However, a recent case has shown the risks of giving poor references in these situations....

Sep
24
2010

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

Since the election, there has been a considerable increase in media and political interest in the involvement of the Third Sector in public service provision. The impact of the recession, a rise in the demand for services and a reduction in public and corporate income has created a challenging environment for charities and voluntary groups. Despite claims that the UK is emerging from the recession, cuts to public spending mean that we are probably just entering the most painful phase of uncertainty and job reductions....

Sep
23
2010

Equality for all? Not if you are homosexual and in the US Army
#Employment

US President Barak Obama has failed at his first attempt to abolish the ban on openly gay individuals serving in the US Armed Forces. The "don`t ask don`t tell" policy allows homosexuals to serve in the army provided they do not openly reveal their sexuality. If it becomes common knowledge that officers are gay, they may face expulsion....

Sep
20
2010

Divided opinion over Government plans to scrap the right to request time off for training
#Employment

The Government`s consultation regarding the right to request time off for training and study closed on 15 August 2010. The "time to train" Regulations only came into force in April this year for employers with more than 250 staff, and are due to apply to smaller companies from April 2011. The Government is currently reviewing a significant amount of legislation that applies to businesses and intends to reduce or simplify this....

Sep
17
2010

Redundancy During Maternity Leave
#Employment

Under the Maternity Regulations 1999, an employee who is on maternity leave is entitled to return to the ‘same job in which she was employed before her absence`. If an employee`s job subsequently becomes redundant during her maternity leave period, the employee is entitled to be offered any suitable available vacancy that arises before her employment comes to end. Any dismissal in breach of the Regulations will automatically be unfair....

Sep
17
2010

Cap on Redundancy Payments - Age Discrimination?
#Employment

The Employment Equality (Age) Regulations 2006 prohibits employers from discriminating against its employees on the basis of their age. However, discrimination can be justified where the employer can show that the act was a proportionate means of achieving a legitimate aim....

Sep
17
2010

Mitigating Losses
#Employment

In awarding compensatory awards in unfair dismissal cases, Tribunals will look at what efforts the employee has made to mitigate their losses and whether he or she has taken all reasonable steps to reduce the loss. If it transpires that the employee has failed to take such steps, such as turning down a suitable alternative position, the compensatory award can be reduced....

Sep
13
2010

Equality Act Discrimination Questionnaires now available
#Employment

Employees who suspect that their employer has discriminated against, harassed or victimised them, or believe that they have not received equal pay, can use questionnaires to ask their employer about their treatment. Two forms are available. One for asking questions regarding discrimination involving equal pay, the second for all other issues. Response forms for employers have also been published....

Sep
10
2010

Company`s use of lap dancing clubs amounted to sex discrimination
#Employment

The recent ET case of Furlong v BMC Software Ltd ET/2701283/09 is a good example of why employers should ensure employees and agents receive training regarding equal opportunities and anti discrimination law....

Sep
10
2010

Time off work for Eid ul-Fitr and Jewish festivals?
#Employment

With Eid ul-Fitr and Jewish New Year upon us, and with more religious festivals coming up over the next few weeks, employers and employees may wonder if followers are entitled to time off work to celebrate....

Sep
09
2010

150 hospital workers win their equal pay claims
#Employment

The Newcastle Chronicle has today reported that the female workers, employed by Newcastle Hospitals NHS Foundation Trust at Newcastle`s Royal Victoria Infirmary, were found to have been paid significantly lower wages compared with male workers carrying out comparable jobs....

Sep
07
2010

More good news for jobseekers as job opportunities fail to take their usual summer holiday
#Employment

Recriutment specialists Reed have published their monthly Job Index for the Month of August 2010 and the results are positive. Each month the Reed Job Index tracks the number of new job opportunities on offer compared to the previous month and against a baseline of 100 set in December last year. The Index is based on data from the UK`s largest recruitment website, reed.co.uk....

Sep
07
2010

ET Claims double in 2010.
#Employment

In the 12 months from 1 April 2009, 236,100 workers brought claims to tribunal - up 56% from 151,000 in the previous year and three times the numbers of the late 1990s, according to the Tribunal`s Service. Including the number of multiple claims filed, which rose by almost 90% compared to the 2008-09 figures, the total number of claims reached 392,800....

Sep
06
2010

Are Twinings brewing trouble?
#Employment

Twinings, the firm famous for making tea bags, announced last year that it was moving production from its North Sheilds plant to Poland as part of a cost saving and efficency drive. The Mail Online has today reported that the sacked staff have been asked to train their Polish counterparts in the run up to the move. The Polish employees will be arriving in the North East next week to start their training, much to the annoyance of those who have lost their jobs and the union who represents them....

Sep
03
2010

Means-tested compensation awards?
#Employment

Whenever an employer finds itself on the losing end of a Tribunal claim, that employer could face the daunting prospect of having to pay out a hefty compensation award, dependant on the nature of the claim....

Sep
03
2010

Britain`s got talent auditionee has claim struck out by Employment Tribunal
#Employment

A Britain`s Got Talent contestant who claimed she was discriminated against at her audition, has failed to get her case heard at employment tribunal. She was reportedly suing for £2.5 million....

Sep
03
2010

Suspending Tribunal Proceedings
#Employment

When dealing with case management issues, Employment Judges have a wide discretion in terms of how proceedings are managed, within the scope of the statutory tribunal rules. Judges may issue management instructions (known as directions) on their own initiative, or following the application of the parties to the case. This may include a direction to stay proceedings, which effectively postpones the matter for a certain time....

Sep
02
2010

Cheap labour?
#Employment

Research undertaken by Totaljobs.com has shown that individuals seeking work in the private sector are increassingly more willing to consider taking a lower salary to secure employment....

Aug
27
2010

We dont want to speak too soon, but are things looking up?
#Employment

The UK economy grew by more than initially thought in the second quarter of 2010. The Office for National Statistics` (ONS) had estimated growth of 1.1% last month, with the actual figure slightly higher at 1.2%. This is the fastest rate of growth since quarter one of 2001....

Aug
26
2010

Paternity leave - do you have to be the Prime Minister to afford it?
#Employment

So David Cameron went to Cornwall hoping for a relaxing holiday and ended up dealing with the early arrival of his baby daughter. Florence is the Cameron`s fourth child and so hopefully the sleepless nights and endless dirty nappies won`t come as too much of a shock. However, the first few weeks of a new baby`s life are hectic and many fathers, including David Cameron, want to be there to help out....

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