Clarkslegal LLP - Solicitors in Reading and London

Legal Updates

Search Legal Updates

May
10
2010

The new "fit note"
#Employment

For years employers have had to contend with vague and often illegible sick notes from GPs saying that their employee is suffering from "stress" or "neck pain". The employee was often signed off for 2 or 3 weeks and there was very little an employer could do about it. All this has changed with the introduction of the Statement of Fitness for Work, or "fit notes", introduced on 6 April 2010....

May
07
2010

Retirement policy for football referees falls foul of the Age Regulations
#Employment

In Martin and others v Professional Game Match Officials Ltd, an employment tribunal has found that a policy of retiring football assistant referees at age 48 constitutes direct age discrimination that cannot be justified. Age discrimination is unique amongst other forms of discrimination because direct age discrimination is permitted if it can be justified....

May
07
2010

BA employee alleges he was sacked for taking time out for union activities
#Employment

Duncan Holley, a secretary of a branch of Unite, alleges that he was summarily dismissed by BA because he took time off work before Christmas to carry out union duties....

May
07
2010

Dealing with stress in the workplace
#Employment

A study out today states that stress at work raises the risk of heart disease for women under 50. The British Heart Foundation encourages employees and employers alike to tackle stress in the workplace....

May
07
2010

You can choose your friends, but you can`t choose your family!
#Employment

Kashif Tariq, was described as his barrister as a "professional" civil servant "who is highly regarded by his peers and supervisors and who has an impeccable employment record". Yet he was suspended by his employer, the Home Office, not because of any suspected wrongdoing on his part per se, but because he is the cousin of Tanvir Hussain, who was found guilty of plotting to blow up trans-Atlantic airlines....

May
05
2010

When is gross misconduct not gross misconduct?
#Employment

In Sandwell and West Birmingham Hospitals NHS Trust v Westwood the EAT has held that even where an employer`s disciplinary policy provides that certain conduct is gross misconduct, dismissal for such conduct is not always fair....

May
04
2010

Grievance hearings v Disciplinary Hearings
#Employment

The Employment Appeal Tribunal (EAT) has held in Samuel Smith Old Brewery (Tadcaster) v Marshall and another EAT/0488/09 that it will only be in rare circumstances that it is unfair to dismiss an employee after a disciplinary hearing prior to holding a related grievance appeal hearing....

Apr
29
2010

Relating religious doctrine to modern society
#Employment

The Relate counsellor who was dismissed for refusing to give sex therapy to gay couples has today been refused permission to appeal the decision of the EAT which held that his dismissal was neither religious discrimination nor unfair....

Apr
23
2010

Simply Whistleblowing
#Employment

It has been established in the case of Goode v Marks & Spencer that an expression of an employer`s opinion about a proposal, after consultation, does not amount to a qualifying disclosure....

Apr
23
2010

Disciplinary v Grievance
#Employment

ACAS provides guidance on disciplinary and grievance procedures, which can be found on their website www.acas.org.uk However, what happens when the two procedures run in tandem with each other? Is an employer to conclude one procedure before making a decision on the other?...

Apr
20
2010

EIN Survey of Election Manifestos
#Environment

The EIC Environmental Investment Network, Clarkslegal`s partnership with The Environmental Industries Commission has just completed a survey of the policies proposed by each of the three major political parties prior to the 2010 General Election....

Apr
19
2010

Volcanic Ash - a good reason for an extended holiday?
#Employment

Lots of people are currently enjoying an extended holiday thanks to the effect volcanic ash has had on flights in and out of the country. However, the problem raises various issues for employers regarding holiday and pay....

Apr
14
2010

Or perhaps yellow is your colour? The Lib Dems Employment Pledges
#Employment

Following on from yesterdays blog, the Liberal Democrats have now set out their 2010 election manifesto....

Apr
13
2010

Red or Blue? You decide.
#Employment

Over the past two days, the Labour Party and the Conservative Party have published their manifestos, containing the pledges they promise to make if their party is voted into power following the genral election on 6 May 2010....

Apr
12
2010

Improved Permitted Development Rights for Non-Domestic Development
#Inward Investment

An amendment to the Town and Country Planning (General Permitted Development) Order, applicable to England only, has come into force on 6 April....

Apr
08
2010

2010 Budget - Stamp Duty Land Tax Implications on Residential Property
#Real Estate

The Government announced a new Stamp Duty Land Tax (SDLT) rate of 5% for purchases of residential property where the consideration exceeds £1m. The effective date of this change will be on or after 6 April 2011. In this respect "the effective date" means the date of legal completion....

Apr
08
2010

Wills and Estate planning issues
#Real Estate

Previously Wills often included a clause incorporating a discretionary trust (‘the NRB Trust`) in which the NRB could be held. The beneficiaries of such trust would include the surviving spouse and family....

Apr
07
2010

Employees to be protected from caste discrimination
#Employment

Observers argue that caste based discrimination is a serious problem facing Asian communities in the UK. A report published by the Anti Caste Discrimination Alliance found that more than half of those from traditionally lower-status Asian backgrounds have found themselves victims of prejudice and abuse. Nine per cent of respondents felt that they had been passed over for promotion and ten per cent said that they had been paid less because of their caste. A further five per cent said they had experienced threatening behaviour because of their caste....

Apr
07
2010

Lessons from Lulu the Dog
#Employment

The case of BSkyB Limited v EDS (now HP Enterprise Services UK Limited) was not under the radar of employment lawyers or HR professionals as, on the face of it, it seemed to have no relevance in the employment sphere. However, the judgment released in January 2010, which I am told by my colleagues in our Commercial and Technology department was awaited with bated breath in the IT sector, raises some interesting and topical employment themes which serve to encourage organisations to review their recruitment procedures....

Apr
07
2010

Budget 2010 - Key issues for HR
#Employment

Budget 2010 - Key issues for HR Confirmation that the government is considering scrapping the default retirement age or raising it - a final decision is expected in the summer. The national minimum wage will rise from the current £5.80 an hour in October by 2.2 per cent to £5.93 an hour....

Page 108 of 112