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. ...
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....
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...
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....
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. ...
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....
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....
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. ...
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....
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....
On 9 March 2015 the Government substantially increased the Court fee for starting civil claims – in some cases by as much as 600%....
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....
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....
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....
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....
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....
Clarkslegal has been successfully re-appointed to the legal network panel of Carillion plc, one of the UK’s leading integrated support companies....
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. ...
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....
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....