The Employment Appeal Tribunal ("EAT") has held in the case of HM Land Registry v Benson & Ors that refusing voluntary redundancy applications from older employees because they were more expensive to make redundant is permissible....
Buddy published a blog in November lasy year regarding vicar, Reverend Sharpe, who had brought a Tribunal claim against the Diocese of Worcester. He alleged that he had been forced to leave his post following a campaign of bullying, including parishioners slashing his tyres, smearing excrement over his car, cutting his internet and phone connections, stealing his heating oil and even poisoning h...
The draft Employment Tribunals Act 1996 (Composition) Order is expected to come into force on 6 April 2012. The governmnet originally proposed the change in "Resolving work disputes: a consultation" and is part of wider reforms to the employment tribunal system. Employment tribunals normally comprise of an employment judge and two lay memeber however under section 4 (3) of the Employment Tribun...
When an employer is proposing to dismiss as redundant 20 or more employees at one establishment within a period of 90 days, the employer must consult all appropriate representatives of the employees who may be dismissed....
Clarkslegal is proud to support Alexander Devine`s Childrens Hospice, The Mayhew Animal Home and Cardiff Foodbank as our nominated charities throughout 2012....
Train driver Darrin Thomas took 134 days of sick in less than two years because he suffered from Asthma....
According to a survey completed by computer security firm Falcongaze, the top 5 reasons for the dismissal of office workers in 2011 were: The inappropriate use of working time and internet usage (26%) Making negative remarks about their employer or its management team on the internet (19%) Breach of company policies and procedures (16%) The employee searching for a new role (15%) Irrespons...
The Newcastle employment tribunal is to make a reference to the ECJ concerning whether, under EU law, a woman who becomes a mother by way of a surrogacy arrangement should be entitled to paid maternity leave to bond with her baby, establish breastfeeding and maintain and develop her family life....
The employment tribunal in the case Jessemey v Rowstock Ltd and another has held that an employer cannot be liable for acts of victimisation after the employee`s employment has been terminated....
Following our previous blog announcing proposals to increase the qualifying period for unfair dismissal from 1 year to 2 years, the draft Unfair Dismissal and Statement of Reasons for Dismissal (Variation of Qualifying Period) Order 2012 has now been published....
Last week the Court of Appeal confirmed that Christian hotel owners Peter and Hazelmary Bull discriminated against civil partners Steven Preddy and Martyn Hall by refusing to allow them to share a double bed in 2008....
If an employment judge considers that all or part of a claim (or response) has little reasonable prospect of success, the judge can order the party in question, under the Employment Tribunal Rules, to pay a deposit of up to £500 as a condition of being permitted to take further part in the proceedings....
As with all aspects of life, time passes all too quickly. The world of procurement is awash with timeframes that bidders and contracting authorities have to be aware of. The implications of missing deadlines in a procurement process are considered below from both the perspective of the bidder and the contracting authority. We also provide practical advice on how an organisation can sidestep the issues that can arise when insufficient attention is paid to deadlines....
The CIPD has published Apprenticeships that work: a guide for employers as a one-stop-shop for employers looking to offer apprenticeships....
Jurisdictional challenges are the order of the day in adjudications. These jurisdictional questions can be a hard fought issues running parallel with the Adjudicator`s main purpose of deciding whether a contractor should be paid the sums claimed, in what is after all a fast track summary process that is aimed at addressing the contractor`s problems of cash flow when an employer refuses to pay them....
For some years` the "Pre-action Protocol for claims for damages in relation to the physical state of commercial property at termination of a tenancy" - better known as "the Dilapidations Protocol" has been followed imperfectly (if at all) by landlords, tenants, surveyors and solicitors....
The Prime Minister, David Cameron, has announced a new round of Government funding to support thousands of apprenticeships and help deliver the world class skills firms need to drive growth...
When a person dies "intestate", that is without leaving a valid Will disposing of the whole of his or her property, the distribution of any money and other assets among surviving family members is governed by a set of legal rules known as the intestacy rules. These rules date back to 1925 and have not been comprehensively reviewed for over 20 years. At the end of last year however the Law Commission published its review of the rules (Law Com No 331) and draft legislation (the draft Inheritance and Trustees` Powers Bill and the draft Inheritance (Cohabitants) Bill) proposing a number of amendments including giving rights in intestacy to cohabiters equal to those of spouses and civil partners. But what do the proposed changes mean for you?...
We recently hosted "Going for Gold: The Economic Outlook for 2012", alongside Forbury Investment Network, Kingston Smith and Natwest Group in London....
Employment contracts often label the employment status of a worker as either "employee" or "independent contractor". The main difference between the two being that employees have greater protection under employment laws and the employer is responsible for deducting PAYE and class 1 national insurance contributions....