Clarkslegal LLP - Solicitors in Reading and London

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Apr
24
2015

Build! Build! Build! (and other real estate election pledges)
#Real Estate

Last week saw the launch of five of the main UK political party manifestos. Rarely read in detail by the voting public these tomes are often used to set out headline grabbing promises in the hope that they may sway the floating voter. ...

Apr
23
2015

Employers must remember to take tribunal fees into account when seeking settlement
#Employment

In a recent employment tribunal case, the claimants were represented by UNISON appointed solicitors in a claim against three respondents for alleged failure to consult under TUPE. When their claim form was submitted, the claimants' solicitor paid the £1,000 issue fee. The claimants each entered into a loan agreement with UNISON to advance a sum to them equal to the tribunal fees. This was repayable in the event that their claim, or part of it, succeeded in the tribunal....

Apr
23
2015

TUPE "Acquired Rights" Directive may merge with Collective Redundancy and Information and Consultation Directive
#Employment

It may not get much of a mention in the general election debates concerning Europe or employment matters but this month the European Commission launched a public consultation with the workers and employers representatives at EU level in order to obtain their views on the possible consolidation of the EU Directives on collective redundancies (Directive 98/59EC), transfer of undertakings (Directive 2001/23/EC) and information and consultation of workers (Directive 2002/14/E...

Apr
23
2015

Bangladesh UK Environmental Foundation launches in Cardiff
#Clarkslegal

A new trust, the Bangladesh UK Environmental Foundation (BUEF), was launched in Cardiff on Monday 20th April. BUEF believes it will be the only UK charitable trust specifically focused on environmental issues in Bangladesh, and aims to raise funds to support relevant projects and activities for public benefit. BUEF has lodged an application to the Charity Commission to be registered as a UK charity....

Apr
22
2015

Is tackling loneliness your cup of tea?
#Clarkslegal

Last Sunday, April 19th, Clarkslegal’s nominated charity Contact the Elderly celebrated their 50th anniversary, with almost 10,000 volunteers and elderly guests meeting for afternoon tea nationwide. ...

Apr
16
2015

Some guidance on dismissals for "some other substantial reason"
#Employment

The decision to dismiss an individual must fall within one or more of the five statutory potentially fair reasons. These are, conduct, capability, illegality, redundancy and some other substantial reason (“SOSR”). Examples falling into the last category include, personality clashes, pressure from third parties and breakdown in trust and confidence. It is ultimately a decision for the Tribunal as to whether a decision to dismiss amounts to SOSR....

Apr
16
2015

Would you vote for Labour's "Granny leave" or the Conservatives' "Volunteering leave"?
#Employment

Last week, the Conservatives unveiled its election manifesto commitment for employees of large employers to be allowed to take three days paid “volunteering leave” a year to carry out charitable or other volunteering work. This week, Labour is announcing its plans for up to 18 weeks unpaid leave for grandparents to look after their grandchildren....

Apr
10
2015

Whistleblowing in relation to a group of staff was "in the public interest"
#Employment

The EAT has found that a disclosure can be made in the “reasonable belief that it is in the public interest" even if it relates only to a group of staff as a whole rather than the wider public. The EAT stated that an individual contractual dispute would not normally satisfy the public interest test but a disclosure relating to a relatively small group of people may do so; what is sufficient is necessarily fact-sensitive. ...

Apr
10
2015

Stress at Work - when is psychiatric injury foreseeable?
#Employment

In a personal injury claim, when is an employer liable for psychiatric illness caused by occupational stress? In a judgment this week, a court has upheld the leading authority of Hatton v Sutherland [2002], which confirms that it is a high hurdle for an employee to get over to demonstrate that psychiatric injury was reasonably foreseeable....

Apr
02
2015

Shared Parental Leave - The top ten things you must remember
#Employment

Much has been written about Shared Parental Leave (SPL) in recent months, but now it is here! SPL can be taken by an employee who has a baby due on or after 5 April 2015, or a child placed for adoption on or after 5 April 2015....

Apr
01
2015

Increase in Court Fees - An Incentive to Settlement?
#Dispute Resolution

On 9 March 2015 the Government substantially increased the Court fee for starting civil claims – in some cases by as much as 600%....

Apr
01
2015

Malaysia initiative update
#Clarkslegal

Our Malaysian delegates have now completed the second week of their UK placements. Last week they spent time with Reading Buses, Eurofoods Group, Hodge Bakshi Accountants, and Eden Motors Group. We are confident that they have gained a wealth of new skills and knowledge on strategic and commercial development from their experiences....

Mar
30
2015

Decision on whether a publicly accessible beach could be registered as town or village green
#Real Estate

A recent Supreme Court case has provided clarification to landowners on whether a beach within a harbour can be registered as a town or village green....

Mar
26
2015

Changes to the UK Immigration Rules due to come into force in April 2015
#Employment

UK Visas & Immigration ("UKVI") has recently announced a number of changes to the UK's immigration rules, most of which will take effect from 6 April 2015 and apply to new applications or extensions made on or after that date. Existing visas and applications submitted prior to 6 April will be subject to the rules currently in place....

Mar
26
2015

Tribunal decision in Lock case gives guidance on calculation of holiday pay
#Employment

In the holiday pay case of Lock v British Gas, which concerned commission payments, the European Court of Justice found that Mr Lock’s commission was intrinsically linked to his role as a salesman. Hence, his statutory holiday pay should include an amount to reflect the commission he would have earned had he not taken annual leave....

Mar
24
2015

Zero hours - anti avoidance measures confirmed
#Employment

The Government has confirmed the measures that it intends to take to tackle avoidance of the forthcoming ban on exclusivity clauses in zero-hours contracts. There will be new protection from detriment for zero-hours contract workers who take jobs under other contracts and a minimum income level below which exclusivity clauses will be unenforceable....

Mar
20
2015

Clarkslegal re-appointed to Carillion’s legal panel
#Clarkslegal

Clarkslegal has been successfully re-appointed to the legal network panel of Carillion plc, one of the UK’s leading integrated support companies....

Mar
19
2015

Enforced subject access requests now a criminal offence
#Employment

The UK Information Commissioner’s Office (“ICO”)has produced guidance on the new law surrounding enforced subject access requests. A copy of the that guidance may be found here. Employers seeking to obtain details of an existing or future employee’s criminal history must now do so through the correct channel. ...

Mar
19
2015

A glass of wine at Starbucks? Is diversification the answer for retailers?
#Real Estate

It is not a new idea for retailers to seek to diversify their consumer offering in an attempt to encourage consumer activity. Sometimes it succeeds and sometimes it fails....

Mar
19
2015

TUPE: service provision change can occur where there is a group of clients with a common intention
#Employment

The EAT has considered for the first time the issues of whether the references to "a client" and "the client" in regulation 3(1)(b) of TUPE (which defines a service provision change) can cover "clients" in the plural. The employment tribunal held that it does not....

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