Clarkslegal LLP - Solicitors in Reading and London

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Jun
21
2010

Two thirds of people want the default retirement age scrapped.
#Employment

A survey of 1,011 people carried out by Age UK found that two-thirds of people want the Government to abolish the rule that allows companies to force staff to retire at 65. Age UK was formed through the merger of Help the Aged and Age Concern....

Jun
18
2010

Experiencing a shortage of skills? Then look within.
#Employment

The Chartered Institute of Personnel and Development has found in its latest survey that over 2 thirds (68%) of organisations have experienced recruitment difficulties. The Resourcing and Talent Planning survey also found that almost the same percentage (67%) were struggling to find employees with specialist talents....

Jun
18
2010

Football is more than just a game, but is it a religious or philosophical belief?
#Employment

As millions of supporters from around the globe ascend on South Africa for the 19th FIFA World Cup, you might be forgiven for likening the tournament to a religious pilgrimage. Given that the Employment Appeal Tribunal considers that an individual`s belief in man-made climate change is capable of being a "philosophical belief" for the purposes of the Employment Equality (Religion or Belief) Regulations 2003 ("the Regulations"), could a devout England supporter in the World Cup claim protection under the Regulations?...

Jun
17
2010

Equality Act...so near but yet so far...
#Employment

Rumour is spreading like wildfire that the implementation date of the Equality Act may be later than the anticipated date of 1 October 2010 after the Government Equalities Office removed the October 2010 date from its website....

Jun
15
2010

Economy experiences growing pains
#Employment

The Office for Budget Responsibility (OBR) has released its prediction that the economy will expand by only 2.6% in 2011. This is down from the 3% to 3.5% estimate given in Labour`s last Budget....

Jun
14
2010

Health and Safety Review - don`t throw the baby out with the bath water
#Employment

For years there have been complaints about Health and Safety going mad. We have heard reports of children having to wear goggles to play conkers, garden gnomes being "moved on" by over enthusiastic councils. Many people will therefore welcome the Prime Minister`s announcement that Lord Young is to carry out a review of health and safety laws. The intention is to reintroduce an element of common sense and not overwhelm businesses with red tape....

Jun
11
2010

Beware of the fake fit note!
#Employment

Just 2 months after they were introduced by the Government in an attempt to combat sickness absence, it appears that the fit new note is open to misuse....

Jun
11
2010

Simon Cowell being taken to Tribunal
#Employment

A former unsuccessful Britain`s Got Talent contestant is bringing legal action against Simon Cowell....

Jun
11
2010

Employees ignorant of their contractual rights?
#Employment

Which? Legal Service surveyed 4,000 members of the British public, asking whether they had read their contracts of employment. Shockingly, 26% said they had only skim read their contracts, while 6% confessed they had not read them at all....

Jun
08
2010

Outcome of Criminal Proceedings
#Employment

Employers are often faced with procedural dilemmas on how internal proceedings are to run whilst ensuring a reasonable and fair process is carried out. What should an employer do in a situation where external criminal proceedings are taking place against one of its employees? Should they begin their own internal disciplinary proceedings immediately or wait for the external outcome?...

Jun
08
2010

Damages not limited
#Employment

It was held in Edwards v Chesterfield Royal Hospital NHS Foundation Trust that the employee was able to recover damages at large for a breach of a contractual disciplinary procedure....

Jun
08
2010

Greening the built environment
#Environment

The built environment contributes a significant proportion of total global emissions. In fact, 45% of UK carbon emissions are attributed to the built environment. It is worth noting that 80% of the buildings that will house us in 2050 have already been built today. Investment into the greening of real estate via retrofits and increase in energy efficiency will play a significant role in achieving the carbon emissions targets, now mandated by UK law, in an economically efficient and technically simple manner. As an investment asset class though, green real estate has yet to receive the investment needed to achieve such targets, though the tide seems to be slowly turning....

Jun
08
2010

Years of Unwanted Conduct
#Employment

In cases of constructive dismissal where an employer has committed a repudiatory breach of contract, an employee must not delay too long before resigning or it would be taken that the contract has been affirmed....

Jun
08
2010

Cleantech investment opportunities ideal for pensions
#Environment

The nascency of the environmental technology sector has, not surprisingly, resulted in much focus on early stage investments predominantly in the realm of angel, venture capital, and smaller private equity investments, all of whom are looking to make returns in the short to medium term. It is surprising then, that the long term nature of the climate change problem and the necessary paradigm shift in investment has not fully penetrated the world of pension fund investments. By their very nature, and similar to many climate change-related investment opportunities, pension funds must strategise for the long term....

Jun
08
2010

Mechanisms to increase environmental investment: feed in tariffs
#Environment

In April 2010, the UK government introduced a feed in tariff (FIT) to encourage microgeneration from renewable sources. This follows a long lobbying campaign from environmental groups and investors, who see FITs as a vital way to encourage investment in smaller scale clean energy technologies. This is backed up with evidence from Germany and Spain, where FITs have been in place for many years and have incentivised large domestic consumer uptake, and created new business opportunities. The government sees the introduction of a FIT as a method of encouraging domestic and commercial consumers to produce their own energy, thereby reducing total demand on the grid, and helping meet our renewable energy targets....

Jun
08
2010

Commercial Agents Update
#Dispute Resolution

A crucial part of the Commercial Regulations that all agents need to be aware of is that you lose your right to compensation or an indemnity if you fail to serve notice of your intention to make a claim within one year of termination of your agency agreement (Regulation 17(9)). If you fail to comply with the notice requirements in the Regulations you will lose your claim to an indemnity or compensation however strong your case may have been....

Jun
08
2010

Without Prejudice Rule
#Employment

The without prejudice rule will generally prevent documents from being admitted and used as evidence against the interest of a party in any court hearing without the permission of both parties....

Jun
08
2010

Financing a Green Investment Bank
#Environment

All three main political parties included in their manifesto pledges, the creation and support of a Green Investment Bank (GIB), in order to help finance the transition to a low carbon economy. The parties differed on the exact role of the bank, with Labour favouring an infrastructure funding institution and the Conservatives opting for early-stage start-up investing. In reality, a mixture will be required and it seems that other funding bodies such The Carbon Trust and Infrastructure UK may be amalgamated into the GIB, to avoid duplication of roles....

Jun
03
2010

Avoiding an expensive way out.
#Employment

It has been reported that Liverpool FC has allegedly offered Manager Rafa Benitez a £3 million pound sum to leave his employment with the club. Mr Benitez had been employed on a fixed term contract which still has over 4 years left to run. The contract allegedly contained a clause stating that if his employment was terminated early he would receive £16 million in compensation....

May
27
2010

Don`t score an own goal during the World Cup!
#Employment

The Trades Union Congress (TUC) has warned employers against imposing a blanket ban on football during the World Cup, which starts on 11 June 2010. The TUC believes that a blanket ban runs the risk of demotivating staff and losing hours through unauthorised sick days. Instead, the TUC encourages employers to accommodate staff requests to watch matches....

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