Clarkslegal LLP - Solicitors in Reading and London

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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

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

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

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

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

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

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

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

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....

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