There are currently two potential claims that could be brought against a procuring body for potential irregularities in procurement processes governed by the Public Contracts Regulations 2006 (as amended) (the Regulations)....
We are delighted to be able to confirm the promotions of Rhiannon Holtham to Partner and Suzie Chetri to Associate in our Company and Commercial group....
The Government has published a consultation on proposals to strengthen and simplify the current civil penalty scheme, which is aimed at preventing migrants from working in the UK illegally....
Are employees on long term sick leave entitled to carry over their full statutory holiday entitlement into the next holiday year?The Working Time Directive provides that member states must ensure that every worker is entitled to paid annual holiday of at least four weeks. This has been implemented in Great Britain by the Working Time Regulations 1998 (WTR) which provide that all workers are entit...
In the case of Sud v London Borough of Ealing a robust decision has been made in the Court of Appeal upholding the tribunal`s decision to order the Claimant to pay 50 per cent of the Respondent`s legal costs. Background to the case/decision: The Respondents legal costs at full value were over £100,000. The Claimant had brought claims of unfair dismissal, detriment for having made protected dis...
The Court of Appeal issued some useful guidance as to when enhanced redundancy pay becomes a matter of contractual entitlement rather than just being payable at the employer`s discretion. In his judgment in the case of Park Cakes Ltd v Shumba & Ors [2013] EWCA Civ 974 on 31 July 2013, Lord Justice Underhill set out some useful non-exhaustive factors to consider: On how many occasions, and over...
The increasing use of "zero-hour" contracts by employers has been topical in recent months. Criticism has arisen because the employee must remain available for work whilst not being guaranteed regular hours and consequentially levels of pay remain unpredictable...
The "go home or face arrest" campaign has been widely criticised. The Home Office was forced to defend the week long £10,000 campaign in six London boroughs which we commented on last week....
Clarkslegal was delighted to sponsor the prize for the Highest Achieving Student in Employment Law and Practice at the recent University of South Wales prize-giving ceremony for the Faculty of Business and Society....
As previously mentioned on Employmentbuddy, there are six procedural employment law changes coming into effect on Monday, 29 July 2013. Tribunal fees. For the first time, claimants will have to pay fees to bring employment tribunal claims. See our new factsheet Employment Tribunal Fees [LINK] Tribunal rules. The rules of procedure in employment tribunals have been overhauled, the most important change b...
Following the announcement in May for tougher rules to be introduced to tackle immigration the government continues with its policy to reduce the overall numbers. To this end, the Home Office this week launched a novel one-week pilot scheme to encourage illegal migrants to leave the UK voluntarily. Vans were driving around Hounslow, Barking & Dagenham, Ealing, Barnet, Brent and Redbridge displa...
The Department for Business, Innovation and Skills (BIS) has requested permission to appeal the recent judgment by the Employment Appeal Tribunal (EAT) in the Usdaw v Woolworths case that means that collective redundancies need not be "at one establishment" for there to be a requirement for the employer to consult. We will keep you posted....
According to a panel of leading experts, the UK and EU are missing a wealth of opportunities from the fastest growing economies in the world because of barriers to trade with the Commonwealth....
As part of our 100 days` volunteering for our centenary year, members of Clarkslegal staff helped raise awareness of the Samaritans in Reading, for the charity`s 24-7 campaign....
The recent case of Whitmar Publications v Gamage [2013] provides guidance for employers who find themselves in competition with former employees, when these employees have taken steps to compete with their employer whilst they were still their employees. In Whitmar, three employees had worked for the Claimant, a publisher, for a number of years. In January 2013 they resigned from their employme...
The ECJ has just issued its judgment in the important Alemo-Herron case, of particular relevance to public sector contracting. In a decision which will come as a relief for private sector contractors, it has ruled that the Acquired Rights Directive precludes UK courts from adopting a "dynamic" rather than a "static" interpretation of TUPE. In other words, where transferring employees` contracts p...
The Government has put out a call for evidence regarding the whistleblowing framework and whether it is operating effectively in today`s labour market. They are particularly looking for feedback on the provisions which were unaffected by the recent changes in the whistleblowing legislation and are considering whether any aspects of the protections no longer...
The Scottish Court of Session has declined to grant any declaration concerning tribunal fees until a full hearing can take place. The case is relevant to England and Wales as the Lord Chancellor has conceded that a ruling by the Court of Session will bind the whole of the UK, not just Scotland....
Under the Equality Act, a disability is a physical or mental impairment that has a substantial and long-term adverse effect on a person`s ability to carry out normal day-to-day activities. In the case of Walker v Sita Information Networking Computing Ltd an employee suffered from a multitude of physical and mental symptoms described as functional overlay which was significantly compounded by his...
Clarkslegal held its second tea party for the local elderly community at the Forbury Gardens in Reading on Sunday...