The landlord and the tenant will generally negotiate the terms of a lease on renewal, but if the parties cannot reach agreement, the court will decide on the terms....
FTSE 350 companies risk a backlash from one of the country`s biggest pension fund investors if executive pay is not curbed. The Local Authority Pension Fund Forum, which represents pension funds with more than £115bn in assets, has published guidelines on its expectations for executive pay, arriving at the following conclusion More pay does not necessarily equal better performance. The significa...
Acas has published 6 step by step guides aimed at small businesses, line managers and supervisors for use when dealing with common business situations and potential problem areas at work. Breaking these areas down into checklists and reminders of things to consider, practical examples, and potential legal issues to be aware of, the guides cover: Recruiting an employee Settling in a new employ...
Clarkslegal has advised Eden Automotive Investments Limited (part of the Eden Motor group) in its purchase of Alan Gibson Limited, a multi-motor dealership based in Basingstoke....
Thank you to the Reading Post for featuring our centenary and charity work. Please click here to download their report....
We know that employees who blow the whistle while employedare protected if they are then subjected to a detriment by theiremployer. We also know that the same applies to employees who did thisbefore the whisleblowing legislation came into force. But what if an ex-employeewhistleblows, would this be regarded as a ‘protected disclosure` allowing theemployee to claim a remedy under the Employment Ri...
According to recent reports 23% of large British firms (i.e. those with more than 100 staff) now engage individuals on so-called "zero hours" contracts. This is in contrast to 11% in 2004....
Clarkslegal is delighted to announce that our legal alliance, TAGLaw, has been recognised as "Elite" in the Chambers Global 2013 rankings guide for legal networks....
I am a trade union workplace representative and postgraduate law student and with a particular interest in employment law. This week I am on work experience with Clarkslegal in the Cardiff office and have been asked to share what it is like and what challenges I have faced working with the union. I have been a union workplace representative for nearly 3 years and counting. Before I was appointed...
Miller and ors v Interserve Industrial Services Ltd was a recent case in the Employment Appeal Tribunal concerning alleged blacklisting of union members. Interserve Industrial Services Ltd (IIS) provides workers for the oil industry and the 3 claimants were members of Unite the Union who had a history of acting as shop stewards. IIS and the trade union had a collective agreement that they would,...
On 6th April 2013, with the changes to the rules on collective redundancy, ACAS has published a code of practice. When proposing to make redundant 100 or more employees at one establishment within 90 days, an employer must start consultation and notify the Secretary of State at least 45 days before he intends to dismiss the first employee. This figure has been reduced from 90 days. This period r...
Where charity land is conveyed, transferred, leased of otherwise disposed of, the trustees of the charity must consider whether compliance with procedures in the Charities Act 2011 (‘The Charities Act`) is required. The Charities Act consolidates earlier legislation including the Charities Act 1993 and prescribes procedures for disposal of land owned by a charity and statements that must be included in the disposal documentation....
In Malekout v Ahmed & others (t/a The Medical Centre) UKEAT/0556/12 the Employment Appeal Tribunal has upheld the decision that a redundancy situation existed when an employee was dismissed following recruitment of a better performing replacement....
When is it fair for an employer to dismiss on grounds of gross misconduct for posting comments on social media sites such as Facebook? Looking at recent cases, a recurring problem for employers and employment tribunals is deciding where the boundary lies between gross misconduct and misconduct. The difference between the two is crucial to whether a dismissal will stand up to the scrutiny of an unfair dismissal claim. Given the nature of transgressions made by employees on social media sites, which are often blatant and offensive and easily attributable to the employee, establishing misconduct should be straight forward. These are cases where a warning including a final written warning would be the appropriate sanction under the employer`s disciplinary policy....
The 6 April 2013 is the first day of the new financial year and also the date the following changes in employment law come into effect....
In Walker v Sita Information Networking Computing Ltd UKEAT/0097/12 is was held that an obese claimant was disabled under the Disability Discrimination Act 1995. However they also suffered from a number of physical and mental conditions....
Kavanagh and others v Crystal Palace FC (2000) Ltd and others was recently heard in the Employment Appeal Tribunal (EAT). The football club went into administration in January 2010 and G, the administrator, sought to sell the club as a going concern. A couple of months later a consortium was set up and given preferred bidder status....
There is no getting round the fact that litigation can be expensive and sometimes disproportionately so. This is a problem with which the Courts have been grappling for many years, particularly since the introduction of the Civil Procedure Rules in 1999...
In a recent decision of the Court of Appeal, the question of when a principal can terminate a commercial agency contract on the grounds of an agent`s misconduct has been considered...
Following last year`s split which saw the UK Border Force (responsible for daily operations) stop being part of the UK Border Agency, the Home Secretary has now announced that the Agency is to be abolished altogether....