Clarkslegal LLP - Solicitors in Reading and London

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Aug
25
2010

TUPE and Equal Pay
#Employment

When considering an amalgamation of workforces after a transfer of undertakings, companies have to be careful about making any changes to the terms and conditions of the transferred work force. Any contractual change that is to the detriment of a transferred employee will not be effective if it is by reason of the transfer, unless it is for an economic, technical or organisational reason entailing a reduction in the workforce....

Aug
25
2010

Right of Substitution Trumps Dentist`s Claim
#Employment

Is he an ‘employee` or a ‘worker`? This was the first hurdle an employee had to establish before he was able to proceed with his claim for unlawful deductions in Community Dental Centres Ltd v Sultan-Darmon [2010]....

Aug
25
2010

Employee Benefits
#Employment

Some companies offer their employees benefits and incentives as part of their remuneration package, such as salary sacrifice schemes by way of vouchers to be used in retail stores. Companies will then claim back from HMRC the VAT which is incurred when buying the vouchers....

Aug
25
2010

Investor Briefing - Market trends and technology developments in solar energy investments
#Environment

Our subsidiary environmental consultancy, Forbury Environmental are delighted to announce that we are hosting our first environmental investor briefing with Rushlight; an evening that focuses on analysing the market trends and technology developments in the solar sector....

Aug
23
2010

Cost effective support for staff facing redundancy
#Employment

Our subsidiary HR consultancy, Forbury People, has a solution which will provide some really practical help to job seekers without incurring massive costs to the employer....

Aug
20
2010

Women to wait 57 years for equal pay
#Employment

The 2010 National Management Salary Survey conducted by CELRE has revealed that female salaries have increased by 2.8% over the last year, compared with 2.3% for men. However, despite this year marking the 40th anniversary of the Equal Pay Act 1970, the average salary for male managers in the UK is still £10,071 higher than the average salary for female managers, and male pay outstrips female pay by as much as 24% at senior level. At the current rate of increase, women will still have to wait 57 years before they take home the same amount as their male counterparts....

Aug
20
2010

Resignations on the up as firms fail to meet expectations
#Employment

The 2010 National Management Salary Survey conducted by CELRE has revealed an increase in resignations, despite growing fears over job security. More than half the 197 employers surveyed recognised that restructuring and job insecurity caused many of their staff to "jump ship". Over a third of the employers identified that their "failure to offer career opportunities and training" also contributed to employees leaving. Nearly two thirds admitted that their employees had been tempted away by head-hunters and recruitment consultants....

Aug
20
2010

Tackling long-term sickness absence: line managers are the key
#Employment

Yesterday we blogged on the high incidence of employees suffering mental health problems going on to claim incapacity benefits. Today, there is new guidance available to help employers get their employees with depression, stress and other illnesses back to work in the first place....

Aug
19
2010

Patients who make frequent trips to their doctors are much more likely to go on incapacity benefit later on
#Employment

GPs can spot patients who will claim incapacity benefit for mental health issues three years before they stop working, research published in the British Medical Journal has suggested....

Aug
17
2010

Cycle to work scheme "fair market value" clarified by HMRC
#Employment

HMRC has clarified the tax rules surrounding the Cycle to Work scheme. This should encourage more employers to offer the benefit to their workforce, as companies who strive to go green were previously put off by the uncertainty around the scheme....

Aug
13
2010

Dismissal and the reasonable responses test
#Employment

The case of Enable Care & Support Home Ltd v Pearson [2010] is an example where a tribunal fell into the trap of substituting its own judgment for that of the employer....

Aug
13
2010

Holiday and sickness - an update
#Employment

The House of Lords in HM Revenue & Customs v Stringer [2009] held that claims for holiday pay can be a series of deductions. Since the decision, employers have been apprehensive that employees who have been off sick for several years may be able to claim backdated holiday pay for the whole period upon termination. This issue came to light in the recent case of Khan v Martin McColl [2010]....

Aug
13
2010

The scope of an "ETO"reason
#Employment

Under TUPE, any dismissal or change to terms and conditions of employment which is connected with a relevant transfer is unfair or invalid, unless it can be shown that the dismissal or change was for an economic, technical or organisational reason entailing a change in the workforce (an "ETO" reason)....

Aug
13
2010

Surrendering leases by operation of law
#Real Estate

It is important therefore when surrendering a lease by operation of law that you carefully consider the facts and take proper legal advice. Best practice is to enter into a deed of surrender so that all parties are clear that the surrender has taken place....

Aug
12
2010

Government starts consultation on the right to request time off for training
#Employment

Despite only coming into force in April 2010 for employers with over 250 employees, and not yet being applicable to smaller firms, the Coalition Government is considering scrapping the right to request time off for training (which was given by the previous Labour Government)....

Aug
10
2010

Strengthening our Private Client team
#Real Estate

We continue to strengthen our Private Client team, with the double appointment of solicitor James Phipps and residential property lawyer Dr. Nataliya Topliss....

Aug
10
2010

Construction Breakfast Seminar - Amendments to the Construction Act
#Construction

We are delighted to announce that we will be co-hosting a breakfast seminar with Hill International, providing an overview of the amendments to the Construction Act....

Aug
09
2010

Investing in capital intensive industries
#Environment

The last UK government often stated that to enable the transition to a low-carbon economy, the UK needed a trinity of solutions. The trinity consisted of renewables (mostly wind power), nuclear and carbon capture and storage (CCS). There has been a huge amount of money invested into renewables. Although there are significant costs, the returns on investment are commercially attractive....

Aug
09
2010

The environmental ugly duckling: water
#Environment

An often dismissed subject, which also ties into the theme of climate change, is water. Water is essential to every aspect of life, from growing food to industrial production and basic human survival. Yet the dire state and outlook of the world`s current freshwater resources seems to be overlooked in favour of carbon emissions....

Aug
09
2010

Internalisation makes developing countries more attractive
#Environment

Investments in the realm of climate change tend to be focussed mainly on financial returns - not surprising as the very nature of an investment is to make a return. However, there is an increasing need to focus on the social and environmental benefits along with the financial benefits as climate change-related impacts begin to affect all aspects of society....

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