Regulation 3(1)(b) of TUPE provides employment protection to employees where there is a change of service provision. It applies where a client contracts out of services, or takes it back in-house, or transfers the service from one provider to another....
Chambers and Partners have announced their latest rankings, with outstanding feedback again for Clarkslegal...
The Labour Party has announced that it wants to see employers paying employees a "living wage", which is higher than the national minimum wage. The proposed living wage is £8.30 per hour for those working in London and £7.20 per hour for those working elsewhere. This compares to the current hourly minimum wage of £6.19 for those over 21 years of age. Labour has announced this as part of...
Have you started to consider how to cope with the "Modern Workplaces" proposals made by the government which may come in force in 2015? These proposals would allow working mothers and fathers to share 34 weeks of "flexible parental leave" following a reduced 18 week maternity leave period for the mother....
The Employment Appeal Tribunal has recently overturned a Tribunal`s decision that a claimant diagnosed with Selective IgA Deficiency had a disability (Sussex Partnership NHS Foundation Trust -v- Norris). Selective IgA Deficiency is a defect of the immune system, the usual symptoms of which are that people may suffer from recurrent diarrhoea and upper respiratory infections. Miss Norris bro...
The list of jobs which cannot be filled by domestic workers because of a lack of sufficient skill (a.k.a. the shortage occupation list) is now contained in Appendix K of the Immigration Rules to give the shortage list legal effect following the Supreme Court decision in Alvi....
This was the question which the Court of Appeal has recently considered in the case of Thomas Brown -v- London Borough of Richmond upon Thames (decision handed down on 26 October 2012). Mr Brown had worked for the London Borough for 38 years until his retirement on grounds of ill health on 19th May 2004. Mr Brown`s last working day was 30 June 2003 when he suffered a mental breakdown. Th...
Mental health problems are costing UK businesses £26bn and the NHS an extra £10bn a year. Mr Milliband hopes to provide patients with the same legal right to mental health therapies as physical healthcare....
In Heafield v Times Newspaper Ltd, Mr Heafield was a practising catholic although his colleagues did not know this. He worked as a casual sub-editor for The Times which involved him writing headlines and editing the stories provided by reporters to fit the editor`s specifications. Before being allocated a headline each story would be given a one word working title. So for example a story about...
Clarkslegal was delighted to support the University of Reading`s annual House of Lords Alumni Reception on Friday 5th October....
In the case of FW Farnsworth Ltd and another v Lacy and others the High Court has held that an employee was bound by the terms of a new contract of employment provided to him after he was promoted, but which he had not signed and returned to his employer....
The Supreme Court has just made it easier for employees to bring equal pay claims against their employers....
The Court of Justice of the European Union ("CJEU") has decided against providing guidance on the correct trigger point for collective consultation where an employer wished to make twenty or more employees redundant....
On 1st July 2013, the Republic of Croatia will gain accession to the EU. After this date, Croatian nationals will no longer be subject to immigration control. However, restrictions will be imposed on Croatian nationals which are similar to those imposed on Romanian and Bulgarian nationals....
An independent inquiry by the Higher Education Commission predicts that the combination of increasing fees, banks less willing to fund post graduate study, and students less willing to take on further debt for post graduate study will significantly reduce the demand for postgraduate education....
Many commercial agreements contain clauses stating that one party is required to indemnify the other part for legal costs in the event of a breach of contract....
David Rintoul and Ashan Arif are attending an international conference in Brussels hosted by TAGLaw, a leading alliance of independent law firms from around the world....
A gay couple booked to stay at a B&B in Berkshire. Upon arrival they were refused their room by the owner, Mrs Wilkinson. It has been ruled that they were discriminated against and they were awarded £1,800 each for "injury to feelings"....
Clients should always consider whether they or an elderly relative need to draw up a Lasting Power of Attorney....
Economists and demographers commented following the 2011 census data that the increasing life expectancy of the UK population and the declining number of births means that there will be fewer workers to shoulder the burden of supporting the elderly. In order to maintain current population levels, an average fertility rate of 2.1 is required. However, the current fertility rate excluding female i...