Clarkslegal LLP - Solicitors in Reading and London

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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....

Aug
09
2010

Jobs market set to stall?
#Employment

Official figures have shown that unemployment fell in the three months to May this year, to a total of 2.47 million. However, according to reports from the Chartered Institute of Personnel and Development (CIPD), a third of employers expect to cut jobs in the next three months. Also, the CIPD report that the size of the cuts being considered has also increased....

Aug
09
2010

Relative performance of environmental indices
#Environment

As investor awareness of climate change and environmental concerns has risen, there has been a concerted move to more responsible investing principles....

Aug
05
2010

Defaulting employers beware...
#Employment

From 1 October 2010 a new streamlined process to allow enforcement of settlements contained in Acas COT3 forms will be introduced....

Aug
05
2010

Public Sector Restructuring - Dark clouds and silver linings
#Employment

The coalition government rose from the ashes of the most controversial general election in recent times to deliver a budget with bite. Although we are officially out of the recession, the key elements of the budget which impact on employers seem far from measures to promote growth and reduce unemployment....

Aug
04
2010

Output VAT payable by employers with retail voucher salary-sacrifice schemes
#Employment

The European Court of Justice (ECJ) has ruled that output VAT must be paid on retail vouchers given to staff under salary sacrifice schemes, which allow employees to elect to take certain benefits in lieu of salary as part of their remuneration package....

Jul
30
2010

Public Sector Code of Practice on Workforce Matters under Threat?
#Employment

Under TUPE, employees` terms are protected when they are transferred to the private sector. In addition, the 2003 voluntary code of practice on workforce matters in local authority service contracts guarantees that anyone recruited to work in the outsourced business will be on "no less favourable terms" than those workers who were previously in the public sector. The same principles apply to most other public sector service contracts as a result of a further code of practice published in 2005....

Jul
30
2010

New ACAS Pilot Initiative
#Employment

The Central London Employment Tribunal is trialing a new system whereby an ACAS Conciliator is present at the tribunal office to assist parties in conducting settlement discussions....

Jul
30
2010

Consultation on upskilling the workforce
#Employment

On 22 July 2010, the Department of Business Innovation and Skills (BIS) launched a consultation paper, "Skills for Sustainable Growth". The consultation outlines seeks views on proposals for addressing the significant issue of an ever increasing unskilled workforce. Consultation closes on 14 October 2010....

Jul
29
2010

Consultation on plans to phase out the default retirement age begins!
#Employment

The current default retirement age (DRA) of 65 has been under the spotlight since the introduction of the Employment Equality (Age) Regulations back in 2006 and has not been without its critics. Today marks the start of a period of consultation by the Government into its proposals to phase out the DRA, which include plans for a six-month transitional period....

Jul
28
2010

Bound by Subsequent Changes
#Employment

Under TUPE, all collective agreements relating to the transferring employees transfer to the transferee where they are bound by the terms in force at the date of transfer. Any subsequent changes or new collective agreements will not ordinarily bind a transferee if they are not a party to it....

Jul
28
2010

Caps on Redundancy Payments
#Employment

The question of whether it is unlawful age discrimination to cap contractual redundancy payments in order to prevent employees from receiving a windfall (i.e. a redundancy payment together with the ability to draw a pension) was put into the spotlight by the EAT in the recent case of Kraft Foods Ltd v Hastie....

Jul
28
2010

A way to avoid backdated holiday pay claims?
#Employment

Ever since the House of Lords ruled in HM Revenue & Customs v Stringer and others last year that employees could claim accrued but untaken annual leave going back a number of years, as part of a series of unauthorised deductions, if they had been unable to take the leave owing to sickness absence, employers have been looking for a way to mitigate the effects of that decision....

Jul
28
2010

Stigma Damages
#Employment

Compensation for personal loss of reputation is generally excluded from unfair dismissal compensation. However, following the much publicised case of Bank of Credit and Commerce International SA (BCCI) an exception arose which gave rise to the principle that is termed as ‘Stigma Damages`....

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