Clarkslegal LLP - Solicitors in Reading and London

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Nov
11
2010

The Code for Leasing Business Premises in England and Wales 2007
#Real Estate

The Code for Leasing Business Premises in England and Wales 2007 (The Code) is the third edition of the Code published as a voluntary agreement between professional and industry bodies....

Nov
10
2010

Redundancy Selection - evidence to support scores
#Employment

In the case of Pinewood Repro Ltd T/A County Print v Page UKEAT/0028/10/SM, the Claimant alleged that his employer failed to provide him with an adequate explanation of why he had received lower scores than the two other people in the pool for redundancy. The Claimant had asked for an explanation of why he had received certain scores, in particular in relation to subjective criteria, such as flexibility. He was told by his employer that it believed the scores given were reasonable and appropriate. The scorers were not asked to reassess their scores in light of his comments....

Nov
10
2010

TUPE
#Employment

The European Court has handed down its decision in Albron Catering v FNV Bondgenoten Roest. This case afforded protection to employees who were assigned on a permanent basis to an undertaking being transferred by a group company even through their contracts of employment were with a different group company....

Nov
10
2010

Holiday pay whilst on sick leave - the saga continues
#Employment

In Souter v Royal College of Nursing Scotland ETS/106313/10 the Scottish ET considered the issue of whether an employee was entitled to payment for previous annual leave years on the termination of her employment. It also considered the relationship between PHI and holiday entitlement....

Nov
09
2010

Society for Construction Law
#Construction

Our Deputy Managing Partner, David Rintoul, will be chairing the latest event hosted by the Society for Construction Law, held in Reading on Tuesday 9th November....

Nov
09
2010

Are you interested in more interest?
#Dispute Resolution

Most businesses include in their standard terms of business a provision that, if they are not paid on time, typically within 30 days, interest will be payable on their outstanding invoice....

Nov
05
2010

Back Small Business - the Government`s 6 point strategy.
#Employment

Now is a good time for SMEs to put the Government to the test in its commitment to "Back Small Business", set out in its strategy document with that title, released this week. This follows the review of employment laws to be led by Lord Young also announced this week. Lord Young got attention by proposing an increase in the qualifying period for unfair dismissal claims to 2 years (see our blog "Return to 2 year qualifying period? Smaller employers encouraged to be brutally honest.")...

Nov
05
2010

Upcoming speaking engagements
#Environment

Our expertise in securing investment in environmental technologies is increasing rapidly, through our subsidiary company, Forbury Investment Network. We are delighted to have accepted invitations to speak at the following high profile events in November....

Nov
04
2010

Job vacancies are decreasing? True of false?
#Employment

That all depends on what you read. According to the latest "Report on Jobs" from the Recruitment & Employment Confederation (REC) and KPMG, October 2010 saw the slowest rates of growth in 14 months for both permanent and temporary placements, and growth in the number of vacancies was also recorded at a 12-month low....

Nov
03
2010

Town and Village Greens - Landowners and Developers take note!
#Real Estate

The Commons Act 2006 (the Act) regulates the registration of land as a town or village green. The aim of the Act is to protect open spaces which have been used recreationally by the public against future development....

Nov
02
2010

Return to two year qualifying period? Smaller employers encouraged to be "brutally honest".
#Employment

The Government`s "enterprise tsar", Lord Young, has confirmed that he will be consulting over making changes to unfair dismissal law, including the possibility of putting the qualifying period for bringing an unfair dismissal claim back up to 2 years. This is part of David Cameron`s "brutally honest review" into the burdens on small and medium sized businesses. The qualifying period started out at 6 months in 1971, increased to 12 months in 1980 (2 years for small businesses with 20 or fewer employees), then increased to 2 years for all employees (regardless of the size of the employer) in 1985. It is 12 months at present, reduced from 2 years in 1999. Lord Young believes that putting the qualifying period up in the 1980s actually increased employment....

Nov
02
2010

Determining Jurisdiction under English Law
#Dispute Resolution

Does English law apply to foreign individuals and companies in this country? In the eyes of the law nationality is irrelevant....

Oct
29
2010

Brazilian Judge orders McDonalds to pay $17,500 to employee who suffered huge weight gain during 12 year empoyment
#Employment

The employee had worked at McDonalds for over 12 years, and alleged he had suffered excessive weight gain, owing to him being asked to sample the products on sale, as well as being provided with a free lunch....

Oct
29
2010

Stress - most common cause of absence
#Employment

A survey recently carried out by the CIPD and Simplyhealth (a health care provider) revealed that in the last 12 months stress was the main cause of long-term sickness absence in the businesses surveyed....

Oct
29
2010

Qualifying Disclosure
#Employment

Under the whistle-blowing rules, an employee is protected from being subjected to a detriment or being unfairly dismissed for making a protected disclosure. However, what disclosures can qualify for protection? Section 43B(1) ERA sets out 6 categories of subject matter about which a protected disclosure can be made....

Oct
29
2010

Protective Award Reduced due to Union condoning Failure
#Employment

The EAT in Lancaster University -v- The University and College Union (UCU), agreed with the Tribunal`s decision to reduce a protective award from the maximum 90 days` to 60 days` pay. The union had ‘effectively condoned` a failure to undertake a collective redundancy consultation process....

Oct
27
2010

What if the London Fire Brigade have no choice
#Employment

Sometimes employers need to make changes to terms and conditions of employment for sound business reasons and unfortunately those reasons do not always meet the employees` expectations. Also, it can be difficult for employees to fully understand why certain decisions are being made as, by no fault of their own, they are unlikely to be party to all the relevant information and/or the financial pressures of the employer....

Oct
27
2010

Levels of stress-related absence on the increase - public v private sector
#Employment

A recent annual absence survey carried out by the Chartered Institute of Personnel and Development (CIPD) has revealed that stress-related absence levels have increased over the past year. Workers in the public sector came off worse, with the survey finding that they took an average of 9.6 days off sick a year (3 days more than those working in the private sector)....

Oct
25
2010

Equality Act Codes of Practice - Fancy a light read?
#Employment

The Equality and Human Rights Commission`s Codes of Practice on the Equality Act 2010 were published and laid before parliament last week....

Oct
25
2010

Dismissal by Letter is Effective when employee reads it
#Employment

In the case of Gisda Cyf v Barratt [2010] UKSC 41, the Claimant was sent home following a disciplinary and told to expect a letter concerning possible dismissal....

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