Clarkslegal LLP - Solicitors in Reading and London

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Jan
08
2016

Discretionary bonus not in breach of contract
#Employment

In Paturel v DB Services (UK) Ltd the High Court held that an employer’s decision to award one employee a discretionary bonus and two others a larger guaranteed bonus did not breach the employee’s express contractual term to be treated consistently with peers nor did it breach any implied term to act in good faith and in a manner that was not perverse or irrational. The employee also claimed that the employer’s subsequent failure to provide accurate reasons for the sums awarded was a breach of trust and confidence. ...

Jan
08
2016

The street food revolution!
#Real Estate

New street food markets continue to open across the UK at a rapid pace with many new food trucks and vendors opening each week. How can landlords, developers and food entrepreneurs take advantage of this trend and how is the sector evolving? ...

Jan
05
2016

Public procurement: does an unsuccessful bidder have to issue proceedings within the 10 day standstill period?
#Public Procurement

Those involved in public tenders will be familiar with the requirement that a mandatory ten day “standstill period” must follow all contract awards, during which the contracting authority is not allowed to enter into a contract with the successful bidder. The purpose of the standstill period is to enable unsuccessful bidders to review and digest the award notification letter and any other debrief materials provided by the contracting authority, and determine whether they have any grounds on which to challenge the outcome of the tender....

Jan
04
2016

New public procurement thresholds
#Public Procurement

New thresholds for contracts governed by the Public Contracts Regulations 2015 came into force on 1 January 2016. The Regulations only apply where the estimated value of the contract (not including VAT) exceeds the published threshold. ...

Jan
04
2016

The future of Third Party Rights
#Construction

Third party rights are increasingly being considered in place of collateral warranties. However, the use of third party rights by Employers may reduce following the decision in Hurley Palmer Flatt Limited v Barclays Bank plc [2014]. ...

Dec
18
2015

Wanted: Christmas temp to work flexible hours - just don't say "the z word"
#Employment

There’s been plenty of bad press about zero hours contracts in recent years. In October we blogged about guidance published by BIS for employers on how zero hours contracts should be used. The guidance recommended that these contracts should make clear to the individual how work will be offered and that they are not obliged to accept work on every occasion....

Dec
18
2015

ACAS guidance on legal highs published - do you have an adequate policy in place?
#Employment

According to the conciliation service, ACAS, there has been an increase in recent years in the number of deaths in England and Wales owing to “legal highs”, legal substances such as solvents, bath salts, incense or plant food which imitate the effects of illegal drugs when consumed....

Dec
11
2015

Santa Claus gets paid twice as much as Mrs Claus in equal pay row
#Employment

Celtic Manor Resort in South Wales has inadvertently become the focus of media attention following its decision to recruit a Mr and Mrs Claus for its “Christmas Kingdom” attraction. The job advertisements stated that Father Christmas would be paid £12 per hour whilst Mrs Claus will receive the national minimum wage of £6.70 per hour, nearly half the rate paid to Father Christmas....

Dec
11
2015

Lock holiday pay appeal heard this week
#Employment

This is an update to our detailed report on holiday pay in July- Where are we on holiday pay?...

Dec
10
2015

Public procurement: can bidders who refuse to pay minimum wage be excluded?
#Public Procurement #Dispute Resolution #Outsourcing & Supply Chain

In the recent case of RegioPost GmbH v Stadt Landau in der Pfalz, the European Court of Justice has decided that excluding a bidder from a tender who had failed to complete a declaration confirming that it would pay minimum wage to its workers did not constitute a breach of European public procurement law. ...

Dec
10
2015

Clarkslegal acts for Eden Motor Group on its latest acquisitions  
#Clarkslegal #Corporate

Clarkslegal’s corporate team, led by Ashan Arif, recently advised Eden Automotive Investments Limited on its acquisition of Peugeot dealership....

Dec
08
2015

Further changes planned for rules on late payment of debts and challenging “grossly unfair” payment terms
#Corporate

The negative impact that late payment of debts has on small and medium sized businesses is well documented. In 2014, the Federation of Small Businesses carried out a survey that revealed that at least 51% of its members had suffered from late payments in the previous 12 months. ...

Dec
07
2015

Applications for Payment – The New Rules
#Construction

A new level of importance has been placed on applications for payment in the construction industry. As a result, contractors must up their administrative game....

Dec
04
2015

Can you recover rent after exercising a break clause?
#Dispute Resolution #Real Estate

As any commercial landlord or tenant knows, rent is usually payable quarterly in advance. However what happens if you have paid rent for a full quarter but you are able to end your lease by serving a break notice that takes effect during the course of that quarter. Are you entitled to the return of rent relating to the period after the end of the lease?...

Dec
04
2015

New guidance on disability
#Employment

ACAS has released updated guidance on managing disability in the workplace 'Disability discrimination: key points for the workplace’. ACAS say that last year they had nearly 12,000 calls to the their helpline related to disability issues and received almost 3,000 disability discrimination employment tribunal cases....

Dec
04
2015

TUPE: guidance on tasks of short-term duration
#Employment

If a client decides to outsource certain services for the first time, reassign those services to another contractor or bring those services back “in-house,” there may be a service provision change under TUPE. If however the activities performed relate to a one off event or task of short-term duration, TUPE will not apply....

Dec
03
2015

Rent Reviews- are you being treated fairly?
#Real Estate

The subject of rent review is immensely complex and many articles and books have been written solely on this topic. In this short article we are highlighting rent review points from two recent transactions where we have acted for the prospective tenants and were asked to advise whether the wording of the rent review clauses had a disadvantageous effect on the tenants in question....

Dec
03
2015

Video Highlights - The Climate Challenge Conference and Reception, Malta
#Clarkslegal

A special thank you our guest speakers Dr Michael Dixon, General Manager, Smarter Cities, IBM Corporation; Mikele Brack, Founding Partner, Urban Living Solutions; Dr Adrian Champion, a specialist in meteorology at the University of Reading; Josh Sawislak, Global Director of Resilience, AECOM; Chris Donnelly, The Institute for Statecraft; and Sunil Shastri, Lecturer & Senior Tutor in Marine Policy, University of Hull....

Dec
03
2015

Be resilient: take immediate action for the ‘world’s greatest single challenge’, Commonwealth told at international Climate Challenge Conference
#Clarkslegal

The need to be resilient and proactive in preparing for a radically changing climate is the priority for sustainable, smarter cities, according to leading experts at the dedicated Climate Change conference alongside the Commonwealth Heads of Government Meeting (CHOGM) 2015 in Malta last week. ...

Nov
27
2015

Early Conciliation not required before applying to amend an existing ET claim
#Employment

In the recent case of Science Warehouse Ltd v Mills (UKEAT/0224/15), the Employment Appeal Tribunal (EAT) held that it is not necessary for a claimant to go through the Early Conciliation process (“EC process”) again in respect of a new claim arising out of a related set of facts after the EC process has concluded and an ET1 presented to the Tribunal....

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