UNISON has confirmed that is making an application to the High Court to challenge the introduction of fees in the employment tribunal system. This is a judicial review of the Ministry of Justice`s decision to introduce employment tribunal and Employment Appeal Tribunal fees from 29 July 2013. UNISON argues that these charges will make it ‘virtually impossible` for workers to exercise their employ...
The Government is set to reduce the number of regular soldiers by nearly 4,500, 84 per cent of whom have volunteered to be made redundant. Following a defence review in 2010, this 3rd round of cuts further emphasises the Governments plan to reduce the number of regular soldiers to 82,000 by 2017. At the same time, there is a planned 100 per cent increase in the number of reservists from 15,000 to...
Hiring and inspiring were the overriding themes at a high profile event hosted by Clarkslegal, Grant Thornton and Clydesdale in Henley. Addressing the capacity audience of Thames Valley business leaders was VIP speaker and ambassador for Clydesdale Bank Steve Cram MBE, whose key message was that in any field, sport or business, "you have to give people the environment for talent and ability to be nurtured and developed."...
There are important changes to judicial review time limits in planning cases to come into effect on 1 July 2013. The overall period will be reduced from the current 3 months to 6 weeks, meaning less uncertainty in terms of commencing developments....
X and Y were employed by F, a producer of food stuffs. Y setup a competitor company (Z). F made a without notice application alleging tha tX had covertly passed sensitive information to Y and Z about F`s business. The High Court issued an order restricting X and Y from dealing with F`s confidential information. At a later hearing, X and Y agreed to a consent order that X wasnot to work in any busine...
In Woodhouse v West North West Homes Leeds Ltd [2013] UKEAT0007, the EAT upheld the appeal of an employee who had brought ten internal grievanceclaims alleging race discrimination and seven separate employment tribunalclaims against his employer over a period of four years. The EAT held that theemployee`s claims were protected acts as they had not been made in bad faith. The employee`s claim...
It has been reported that the EAT has decided that the establishment test for collective redundancies is to be "disregarded" and that all employers making over 20 redundancies within a 90 day period must collectively consult, regardless of whether those employees work in one place or whether they are based at different ‘establishments`. This has huge implications for employers, particularly lar...
The Government proposed the creation of new employee shareholder contracts via the Growth and Infrastructure Bill. After two initial rejections and then gaining concessions from the Government, the Bill has become law after the House of Lords accepted the further concessions and the Bill received Royal Assent on 25 April 2013. Implementation of these changes, however, is likely to be on 1 September 2013....
The provisions relating to financial penalties on employers come into force in respect of any tribunal claim presented on or after 25th October 2013. Where an employer loses a claim (i.e. it is found to have breached any worker`s rights) and the breach has "one or more aggravating features" then a tribunal may order the employer to pay a penalty to the Secretary of State of between £100 and £...
Mr Seldon was a partner in a firm of solicitors. He brought a claim of age discrimination against them when he was forced to retire at age 65 under the partnership`s mandatory rules. Last year, the Supreme Court sent his claim back to the employment tribunal. They considered a number of issues relating to justification (the main one being whether 65 was an appropriate age for mandatory retireme...
HM Courts & Tribunal Service has announced that the date for the implementation of fees into the employment tribunals and Employment Appeal Tribunal will be Monday 29 July 2013.Subject to the necessary Parliamentary approvals, from this date all claims and appeals will be subject either to a fee or an application for fee remission. However, claims already lodged will not be subject to any fees....
Thank you to those who attended our Centenary Charity Reception at Reading Town Hall on Thursday 23rd May. We were delighted with the attendance and support in not only celebrating our centenary, but in raising profile and donations for our three nominated charities, Alexander Devine`s Children`s Hospice, Contact the Elderly and Cardiff Foodbank....
One of the many pitfalls which can arise when negotiating and exercising break clauses in leases is the condition for the rents to be paid up to date at the break date....
The ACAS Code of Practice on Disciplinary and Grievance Procedures (the Code) sets out guidance to be followed in ‘disciplinary situations` and expressly states that this includes dismissals for misconduct and poor performance. A failure to follow the Code can result in a Tribunal making either an uplift or reduction in any award (depending on who is at fault) of up to 25%. Whilst clearly s...
The Supreme Court has overturned the decisions of the EAT and Court of Appeal and held that a Methodist minister was not an employee and so could not bring an unfair dismissal claim. In the case of Methodist Conference v Preston the claimant was a superintendent minister to a group of congregations in Cornwall. She was entitled to accommodation, holiday and sick pay, a pension and a stipend (a...
The last few years have been challenging for the construction sector to say the least. Since the Recession started the existing market has become more and more competitive. Construction output is at an all-time low, The Green Deal is floundering, promised infrastructure investment seems slow to materialise, which in turn stalls recovery in the sector as a whole....
Clarkslegal LLP has advised a Reading charity on obtaining finance for its acquisition of a prominent former corporate HQ building in Reading. The deal was based on Islamic financing, structured around the principles of diminishing Musharakah....
The BBC has reported that a survey carried out by the charity Public Concern at Work has found that 60% of whistle-blowers who voice fears about their workplace receive no response at all from their managers. The survey also found that of 1,000 whistle-blowers questioned, 19% were disciplined or demoted after voicing their concerns and 15% were dismissed. The results of the survey come ahead of...
With UK immigration policy being a constant political hot potato and changes being made to the immigration rules seemingly continuously, employers may have a hard time keeping up to date. As a minimum, though, all employers should be carrying out right to work checks on their staff to avoid breaching the immigration rules. Why do the checks? Under the Immigration, Asylum and Nationality Act 200...
In her speech on the 8 May 2013 at the state opening of Parliament, the Queen announced the Home Office are to introduce more new tougher laws to tackle immigration. The announcement follows the recent major overhaul of the Immigration Rules. The Queen said an Immigration Bill will aim to "ensure that this country attracts people who will contribute and deter those who will not". There are a...