Clarkslegal LLP - Solicitors in Reading and London

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Aug
24
2015

Controlling Abusive Behaviour by Ex-Employees
#Dispute Resolution

The growth of the internet and the readily accessibility of platforms for public comment have made it easier than ever for disgruntled or vindictive ex-employees to make disparaging comments about their former employer and colleagues. ...

Aug
21
2015

Northern Ireland: new approach to lifting the suspension?
#Public Procurement

In a recent decision, the Northern Irish High Court has lifted the automatic suspension in a procurement challenge brought by Allpay against the Northern Ireland Housing Executive. This is interesting because in recent years the Northern Irish courts have appeared to adopt a more contractor-friendly approach to applications to lift the suspension, unlike the English courts where upholding the suspension is rare. However, the facts of the particular decision go some way to explain why the court decided against the contractor in this instance....

Aug
21
2015

Employee entitled to companion from an external organisation at disciplinary investigation
#Employment

In the recent case of Stevens v University of Birmingham, the High Court has held that the University of Birmingham breached the implied term of trust and confidence by not allowing one of its Professors to be accompanied to a disciplinary investigation meeting by a companion of his choice (Stevens v University of Birmingham [2015] EWHC 2300)....

Aug
21
2015

High Court refuses to order compliance with data access request where search is unreasonable and disproportionate
#Employment

Under the Data Protection Act 1998 (DPA) an individual can make a request to an organisation to find out what personal data it holds on them (often referred to as a subject access request)....

Aug
17
2015

What is the Gender Pay Gap and how do we measure it?
#Employment

The Government is committed to ensuring that every person realises their full potential and considers that gender equality will help achieve this. The consultation came as a surprise as it was not expected that a Conservative government would pursue gender equality as a priority. However, on reading the consultation and the background research undertaken by the Women’s Business Council, it becomes clear that the economic benefits of increasing the engagement of women at work are the driving force of the Government’s strategy in this area....

Aug
17
2015

Drive-through supermarkets – convenience gone mad?
#Real Estate

It was recently announced that Amazon are proposing to test a new drive-through grocery store concept in the USA. The venture would possibly be an extension of Amazon Fresh which delivers groceries to restaurants and individuals on a same day order to door basis. ...

Aug
14
2015

Defamation under a pseudonym
#Dispute Resolution #Crisis Management #Education

The long running case of Tardios & St John’s Preparatory and Senior School –v- Pammela Linton (aka Patricia Carpenter) raised a number of interesting issues both from an education and defamation perspective. ...

Aug
14
2015

Fair dismissal following historic derogatory comments on Facebook
#Employment

Employees should by now be aware of the dangers of venting their frustrations with employers on Facebook. Recent cases have demonstrated that derogatory comments can lead to fair dismissals even where the comments were made years ago or where a deliberate search was undertaken by the employer to find further comments....

Aug
14
2015

Government considering devolving Sunday trading rules to local authorities
#Employment

The government has opened a consultation on whether it should devolve Sunday trading rules to local areas, such as cities run by elected mayors and/or local authorities. This would give them greater control of their local economy and could mean significant disparities in Sunday trading rules affecting employees across different parts of the country....

Aug
14
2015

Immigration crack down in construction, care and cleaning sectors as first modern slavery claims made
#Immigration #Inward Investment #Outsourcing & Supply Chain #Supply Chain Governance

Six Lithuanians are suing Kent-based gangmaster operation DJ Houghton Catching Services in the High Court, for whom it is alleged that they were trafficked from Lithuania to work, in the first ever case of a UK firm being taken to court for modern slavery-related claims. ...

Aug
11
2015

Warranties, Representations and Indemnities
#Commercial

You may well see references to a party “warranting” something, or “indemnifying” another party in relation to something or perhaps not making a “representation” about something in commercial agreements, such as for the sale of goods and services, businesses or shares....

Aug
07
2015

Supply chain reporting: many more companies will be caught as turnover threshold for compliance reduced to £36m
#Employment

Following consultation, the government has decided not to limit the new reporting requirements of the Modern Slavery Act affecting supply chains just to very big companies. Speaking on his tour of south east Asia, prime minister David Cameron has now confirmed: “From October we will also require all businesses with a £36 million turnover or above to disclose what they are doing to ensure their business and supply chains are slavery free. He went on to say...

Aug
07
2015

Permanent employees can be redeployed to replace agency staff
#Employment

The EAT has upheld a tribunal's decision that the scope of regulation 13, Agency Workers Regulations 2010 is limited to providing agency workers with a right to be informed of vacancies within the end user company. It rejected the claim that agency workers were entitled to be afforded equal status with comparable permanent employees in being considered for a vacancy....

Aug
07
2015

Government proposes £95,000 cap on public sector exit payments
#Employment

The government has issued a consultation document on proposals to introduce a cap of £95,000 on the total value of exit payments made to public sector employees. Any waiver of the cap would require consent from the relevant Minister, or from the full council in the case of local government exit payments. The consultation closes on 27 August 2015....

Aug
07
2015

Less than half of employers have a whistleblowing policy
#Employment #Dispute Resolution

The whistleblowing charity, Public Concern at Work, has published this week some YouGov survey results showing that, surprisingly, only 48 per cent of workers in a representative sample said their workplace had a whistleblowing policy. This was despite the fact that 81 percent of workers surveyed said they would raise a concern about possible corruption, danger or serious malpractice at work. In the last two years, 11 per cent of workers said they had such concerns. Of those, 59 percent had raised them with their employer....

Aug
07
2015

Clarkslegal welcomes new Managing Partner
#Clarkslegal

This week has seen the welcome appointment of Monica Atwal, former Deputy Managing Partner and key Partner in the Employment and Immigration team, as Clarkslegal’s new Managing Partner for the firm....

Jul
30
2015

Consultation launched on simplifying the tax treatment of termination payments
#Employment

A consultation is underway (closing on 16 October 2015) on simplifying the tax treatment of termination payments. The proposals are a significant move away from the current regime....

Jul
30
2015

The importance of pay less notices
#Construction

In late 2014 two TCC decisions (Harding v Paice and ISG v Seevic) considered the effect of failures to serve payment and pay less notices in response to applications for payment....

Jul
29
2015

Campaign launched to combat EHRC findings of maternity discrimination
#Employment

The Equality and Human Rights Commission (EHRC) has launched the #worksforme campaign, which aims to support employees and employers with pregnancy and maternity issues in the workplace....

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