Clarkslegal LLP - Solicitors in Reading and London

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Apr
01
2010

EU Emissions Trading Scheme underperforming?
#Environment

The EU Emissions Trading Scheme (ETS), established in 2005 to accelerate climate change abatement by facilitating investment in environmental technologies, has underperformed in delivering its objectives due to instability of, and relatively low, carbon prices. This has resulted in inadequate investment being channelled into environmental technologies and services, an originally intended by-product of the scheme....

Apr
01
2010

Budget 2010: Government announces £2bn Green Investment Bank
#Environment

Amongst other environmental measures, the star feature of the 2010 budget is the announcement of a £2bn Green Investment Bank (GIB). The environmental measures announced in the 2010 budget include:...

Mar
30
2010

Knowledge of Discrimination
#Employment

In Taylor v XLN Telecom, it was confirmed that in assessing an award for injury to feelings there is no requirement for the employee to prove he had knowledge of the act of discrimination....

Mar
29
2010

Restructuring and redundancy
#Employment

Following on from the article "Trimming The Fat", the statement that "handling a restructure or any other form of cost-cutting exercise properly can go some way to help protect your reputation as a good employer and to maintain staff morale" is perhaps the most important thought to take away with you. Unfortunately, doing that properly doesn`t always come without financial outlay....

Mar
29
2010

Agency Workers Regulations - an overview
#Employment

The final form of the Agency Workers Regulations 2010 ("the Regulations") was laid before Parliament on 21 January 2010. David Cameron has recently "prayed against" the Regulations to request that they be revoked, which will trigger a time-limited debate by Parliament and a ‘stand or fall` vote. There is no scope to amend the regulations during this process....

Mar
29
2010

Separate Incidents of Discrimination
#Employment

In the case of Aziz v FDA, the Tribunal looked at whether separate acts of discrimination over different periods of time formed part of the same continuing act, in order for the various claims to be submitted in time....

Mar
29
2010

Mergers & Acquisitions - an opportunity to improve employee relations or pull off some krafty moves?
#Employment

Mergers and Acquisitions (M&A) have been a current topic within HR and Employment Law for a long time now but the last ten years has seen far greater opportunities opening up for companies (including private equity funds etc) to make that "transforming" acquisition or merger with a rival which will deliver major financial benefits and enhance shareholder value. Of course it is a well known fact that more than 60% of mergers/acquisitions fail to achieve their planned objectives. One major contributory factor in this has been the failure to pay sufficient attention to the people aspect of this type of change....

Mar
29
2010

Age discrimination survey
#Employment

Thank you to everyone who responded to Employmentbuddy`s recent survey on the default retirement age. The results made very interesting reading - 91% operate a normal retirement age, with 100% of these having a normal retirement age of 65....

Mar
29
2010

Trimming the fat - the HR perspective
#Employment

From an HR perspective, the immediate prospects as the country returns to growth, albeit very limited at present, seems to suggest more of the same. However making that assumption has long term consequences as the way staff are handled can lead to poor morale, lack of cooperation and potential staff turnover. It is certainly true that as we move into what hopefully will be a period of sustained growth, retaining top talent will be a critical success factor. This cannot be taken for granted. The emphasis needs to be on improving productivity as hopefully, export led increases in production become more widespread....

Mar
26
2010

Holiday Pay Case Referred
#Employment

The Working Time Regulations 1998 comes under the spotlight again in the case of British Airways Plc v Williams and Ors. The pilots in this case argued that they should have received flying allowances on top of their basic pay when on annual leave....

Mar
26
2010

Right to request time off for training
#Employment

From 6 April 2010 employees working for business with over 250 employees will be granted the right to request time off work to undertake study or training under the Apprenticeships, Skills, Children and Learning Act 2009 (‘the Act`). From 6 April 2011 this right will be extended all employees, regardless of the size of their employers business. The right does not apply to agency workers, school-age children, or young employees who qualify for a separate right to time off for training....

Mar
25
2010

Exemptions from Design & Access Statements for Planning Applications and other Amendments to the Town & Country Planning General Development Procedure Order
#Setting up in the UK

The latest GDPO Amendment Order which comes into force on 6 April 2010, in relation to England only, contains a variety of changes to the procedural arrangements...

Mar
23
2010

Goodbye House of Lords - Hello Supreme Court
#Dispute Resolution

The House of Lords has been the highest Court in the land for 133 years. Its history, however, can be traced back to the 14th century. On 1 October 2009 that history was swept away when it was renamed the Supreme Court. At the same time, it moved to a dedicated new Court in Middlesex Guildhall - just across Parliament Square from the House of Lords, which is being refurbished at a cost of £77m....

Mar
23
2010

Compensation - when is the cut-off point?
#Employment

It was established in the case of Wood v Mitchell SA Ltd, that tribunals should not generally take supervening ill health to be the cut-off point when estimating what loss an employee has suffered for the purposes of calculating compensation for unfair dismissal....

Mar
19
2010

Low Carbon Construction - Innovation & Growth Team
#Construction

An Innovation and Growth Team, drawn from the construction industry and Government, has been charged by the Secretary of State for Business Innovation and Skills to consider how the UK construction industry can rise to the challenge of the low carbon agenda, to make recommendations to Government and industry....

Mar
19
2010

Abandonment of Internal Procedures
#Employment

In the case of Sarkar v West London Mental Health Trust the employer decided to deal with several complaints received about an employee through its informal procedure, which was designed for conduct that did not amount to serious or gross offence....

Mar
19
2010

Vicarious liability for Employee`s actions
#Employment

When looking at whether an employer would be held vicariously liable for the actions of its employee, the Court of Appeal in the case of Maga v Trustees of Birmingham Archdiocese of the Roman Catholic Church considered the test set out in the previous case of Lister v Hesley Hall Ltd....

Mar
17
2010

Entitlement to Legal Representation
#Employment

It is usually the case that companies conducting a disciplinary/grievance procedure only allow employees the right to be accompanied by either a trade union representative or a colleague....

Mar
17
2010

Time Limits Challenged
#Employment

There is a procedure in place for Tribunals to ensure that documents are sent out on the ‘date sent` stamped on it as this is presumed to be the date from which time limits will run....

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