Clarkslegal LLP - Solicitors in Reading and London

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May
12
2011

Red Card for FIFA officials?
#Employment

The astounding allegations of bribes sought by four FIFA officials in return for their votes in support of England`s failed 2018 World Cup bid (http://news.bbc.co.uk/sport1/hi/football/9481563.stm) highlights just the sort of unethical behaviour the new Bribery Act 2010 is aimed at stamping out. Unfortunately these FIFA execs will not be able to be prosecuted under the Bribery Act because the alleged discussions obviously occurred before the Act comes into effect on 1 July this year....

May
12
2011

Government to Review Employment Law
#Employment

The government announced yesterday that it will look at the case for employment law reforms in areas such as TUPE, discrimination compensation and collective redundancy consultations periods....

May
12
2011

Public Sector Equality Duty
#Employment

The new Public Sector Equality Duty, which came into force on 5 April 2011, requires public bodies to consider the impact of their policies and methods of delivering services on those who possess certain protected characteristics....

May
10
2011

What a "Carry On"...
#Employment

This week the Employment Tribunal gave judgement in favour of a Claimant who was subject to discrimination and harassment of a sexual nature which was compared to the Carry On... film franchise....

May
09
2011

Agency workers - final guidance published
#Employment

The Government has published its final guidance on the Agency Worker Regulations 2010, which are due in force on 1 October this year....

May
06
2011

when is "non contractual" actually contractual?
#Employment

In Watkins v Journeys Toward Recovery ET/1606842/10 the Tribunal held that parts of a handbook that is stated to be non-contractual was in fact incorporated into the Claimant`s contract of employment....

May
06
2011

TU membership: Will 2011 see the steady decline reverse?
#Employment

The numerous threats of industrial action against government spending cuts and high profile strikes by BA and Royal Mail staff would perhaps have people thinking that unions are regaining the strength they had in the 1970s. However the most recent statistics released by the Department for Business, Innovation and Skills (BIS) show that trade union membership amongst UK employees in fact fell by 2.7 percent compared to 2009...

May
06
2011

The Law and Practice of Restructuring in the UK and US
#Employment

Two of our restructuring specialists, Managing Partner Michael Sippitt and Associate Nick Huffer, have co-authored a chapter in the recently released book "The Law and Practice of Restructuring in the UK and US", published by Oxford University Press....

May
05
2011

Much-awaited Bribery Act Guidance released
#Employment

On one hand the Government is championing its ‘Cut the Red Tape` agenda....

May
05
2011

Much-awaited Bribery Act Guidance released
#Employment

On one hand the Government is championing its ‘Cut the Red Tape` agenda. On the other it is bringing into law the Bribery Act 2010, which requires companies to implement comprehensive anti-bribery policies and procedures before the 1 July 2011 commencement date....

May
04
2011

Seen not to be biased
#Employment

The EAT has confirmed that for a grievance process to be fair, it should not only be free from actual bias, but also from any apparent bias....

May
04
2011

Beyond reference
#Employment

For some time, it has been established law that an employee may make a claim for damages following a negligent reference prepared by a former employer. This principle has now been extended beyond references. The High Court in McKie v Swindon College (2011), has held that an employer may be liable in damages to ex-employees for any negligent statement made to subsequent employers....

Apr
27
2011

Age Discrimination Claims Increase
#Employment

Claims brought for age discrimination rose by 164% to 2,900 in the three months to December 2010, compared to 1,100 in the same period in 2009....

Apr
27
2011

One wrong doesn`t make a Human Right
#Employment

Where an employee faces losing not only their job, but also their ability to practice their profession as a result of disciplinary proceedings, it is a serious matter. With so much at stake, previous case law has established that Article 6 (the right to a fair & public hearing) of the European Convention of Human Rights applies to internal disciplinary proceedings (at least in the public sector)....

Apr
27
2011

Unhealthy use of surveillance
#Employment

With UK employees taking an average of 10 unscheduled days off work per year, costing businesses an estimated at £32bn a year (see HR Blog), it`s no wonder that employers want to do all they can to manage sickness absences. However, as Pacey v Caterpillar Logistics Services (UK) Ltd (2011) demonstrates, employers don`t always go about managing the problem in the right way....

Apr
27
2011

The cost of a sickie
#Employment

UK employees take an average of 10 unscheduled days off work per year, a PricewaterhouseCoopers (PWC) report found. This is in comparison to 5.5 in USA....

Apr
27
2011

Age Discrimination Claims Increase
#Employment

Claims brought for age discrimination rose by 164% to 2,900 in the three months to December 2010, compared to 1,100 in the same period in 2009...

Apr
27
2011

A private conversation in a public house
#Employment

Facebook, YouTube, Twitter etc. They are the public meeting places of the 21st century. Such virtual communities are spaces where a whole generation has come together to express themselves and form networks like never before. However, as the case of Preece v JD Wetherspoons plc (2011) highlights, what seems to a space for purely personal expression can easily become part of the public sphere, when social discourse is conducted in the open arena of cyberspace....

Apr
27
2011

The cost of a sickie
#Employment

UK employees take an average of 10 unscheduled days off work per year, a PricewaterhouseCoopers (PWC) report found....

Apr
21
2011

1/3 of employees misuse company email
#Employment

According to a survey completed by Lightningtools.com almost a third (32%) of respondents felt that they had used their company email for inappropriate activities....

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