Blogging is a popular way for individuals to express their views and opinions freely to a wide audience on the internet. Internet service providers are generally not themselves regarded as the "publisher" of statements posted by their users, thereby avoiding any liability to pay compensation for any defamatory statements. However, the recent Court of Appeal decision in Tamiz -v- Google Inc [2013] EWCA Civ 68 casts doubt on this position....
Every year, all over the globe on March 8th, International Women`s Day is celebrated. Countless events take place, not just on this day but throughout the month to mark the economic, political and social achievements of women....
The government has announced that the inheritance tax nil rate band will remain frozen at £325,000 until at least April 2019...
On the 18th February 2013 the Law Commission opened a consultation considering the current law relating to ‘rights to light`. The aim of the consultation was to strike a balance between the rights of landowners and the rights of those wishing to develop neighbouring land....
Compliance with conditions in break clauses continues to be a difficult area which provides much work for litigators and in which there are frequent new Court decisions....
Clarkslegal has submitted a response to the Information Commissioner`s consultation regarding subject access requests under the Data Protection Act 1998. The consultation, which closed on 21st February 2013, sought views upon whether the Information Commissioner`s new draft code of conduct provided the correct level of guidance and practical examples to assist organisations to deal with access r...
This week Clarkslegal took part in the Brighton Housing Conference and Exhibition alongside various organisations across the South East...
Clarkslegal has advised the former shareholders of Cezanne Software Group on a major group restructure and subsequent multi-million pound sale of its HR and talent management software systems dedicated to medium and large organisations to a French buyer, with a significant payment made in cash on completion and further payments to be made over the next couple of years....
PC Mike Baillon claimed he was forced out of his job after he was filmed smashing a disabled pensioner`s car window with his truncheon, after he was seen driving along country roads without a seatbelt. Mr Baillion stated that his colleagues made fun of him and defaced his locker at work. The video of the footage was uploaded onto YouTube and viewed more than 30 million times. An internal invest...
There was talk of a new revolution at Clarkslegal and Kier Construction`s recent seminar, where a panel of top industry experts gave delegates a detailed insight into the impact that Building Information Modelling (BIM) is expected to have across the construction and housing sectors from here on....
In the Irish case of Kenny v Minister for Justice, female civil servants carrying out clerical duties for the national police claimed that they were paid less than male employees carrying out the same work. These male employees were assigned to specific clerical posts reserved for members of the police, called ‘designated` posts, in an effort to reduce police numbers. The employees brought an eq...
In its response to its Consultation on Modern Workplaces the government has proposed extending the right to request flexible working to all employees with at least 26 weeks` continuous employment. The government has also proposed replacing the statutory procedure for considering requests with a new duty on employers to act reasonably within a reasonable period. In response to these proposals, A...
Many of our Local Authority clients participate in joint working arrangements with other Local Authorities, in an effort to, for example, create economies of scale, share costs or streamline services. We have been scrutinising the arrangements which govern these joint working relationships for our clients, considering in particular the decision making arrangements used by Local Authorities working together. The structure of these arrangements may not be quite as straightforward as it used to be following a 2010 Court of Appeal ruling....
On Sunday 3rd March Clarkslegal hosted an afternoon tea party to support the local elderly community, on behalf of our nominated charity Contact the Elderly...
Two recent cases have explored the circumstances in which a Tribunal can examine the validity of a previous warning, which formed part of the employer`s decision to dismiss an employee. The Court of Appeal confirmed in the case of Davies v Sandwell that only in limited circumstances will a tribunal be entitled to `re-open` an employer`s decision to issue a final warning, which the employer later...
Following consultation the government has decided that the 90 days consultation period is not usually required. Reducing the minimum consultation period from 90 days to 45 days will enable employers to be more flexible and aid them by saving administrative and salary costs. It was seen to be important to allow employers to restructure more quickly especially at a time when the future of the company could be at risk....
Sustainable development ("SD") is a term most individuals and companies will be familiar with, particularly when working with or for public sector organisations....
The government is intending to introduce a number of changes to whistleblowing law through the Enterprise and Regulatory Reform Bill ("ERRB") but whether this will prompt employers to encourage employees to blow the whistle remains to be seen. Whilst whistleblowers are protected against detriment and dismissal as a result of blowing the whistle, they often suffer in more subtle ways such as ostra...
On Saturday 23rd February Clarkslegal staff volunteered at a local Cardiff supermarket to help boost donations to the Cardiff Foodbank, one of our three nominated charities for our centenary year. Cardiff Foodbank is a part of the National Foodbank Network. It is a project to help and support those suffering financial hardship and who are facing the reality of being unable to feed themselves or their families....
In the case of Hill v Governing Body of Great Tey Primary School it was found that a Claimant`s dismissal was procedurally unfair. The tribunal calculated the remedy on the basis that the Claimant`s employment would have terminated in any event two months later (had a proper procedure been followed). An 80% reduction on account of contributory fault was also applied, leaving the claimant with the...