A woman who observes Shabbat (the Jewish day of rest from sundown on Friday to sunset on Saturday) has won a claim of indirect discrimination on the grounds of her religion after she was refused employment....
If employees take strike action their pay is withheld for the time that they do not work. How should the amount of pay which is withheld be calculated?...
It is illegal to drive whilst using a mobile phone, that is well known. However, if an employee is seen driving whilst using a mobile phone would that be grounds for a fair dismissal?...
It’s been a busy year for Clarkslegal’s corporate team, with the team acting on a number of corporate transactions. ...
Provisions in the Small Business, Enterprise and Employment Act 2015 (passed by the Coalition Government) that make exclusivity clauses in zero-hours contracts unenforceable came into force this week. Also now in force is the increase in the maximum financial penalty for underpayment of the national minimum wage to £20,000 per worker....
Wednesday’s Queen’s Speech, which marked the state opening of parliament, set out the new government’s ‘one-nation’ programme of legislation. The Immigration Bill featured amongst a total of 26 bills proposed and its aim is to “control immigration”....
In the Queen’s speech this week, the new Conservative Government set out its legislative programme. The big news is the EU Referendum Bill and the commitment to an in/out referendum on Britain’s membership of the European Union which will take place by 2017 at the latest. There is speculation it could be held as early as autumn 2016....
Since the Modern Slavery Act 2015 received Royal Assent before the general election campaign, the significance of the Act to business and global supply chains is starting to become better understood. One of the first measures of its kind in the world, the Modern Slavery Act not only imposes for the first time a legal obligation on business to take steps to combat forced labour and human trafficking, it represents another important step in recognising the responsibility of the global business community to ensure human rights are respected. ...
In the recent article “A glass of wine at Starbucks? Is diversification the answer for retailers?” we explored the growing number of retailers seeking to diversify their offering to increase customer numbers and improve profits....
A recent High Court decision has emphasised the importance to contracting authorities of creating a clear document trail when evaluating tenders in accordance with the Public Contracts Regulations 2015....
A winding up petition can be a very effective tool to persuade a reluctant debtor to pay an outstanding invoice. Not only is there the prospect of the company being placed into liquidation, a petition can be advertised seven business days after it is served. Advertisement typically results in the company’s bank account being frozen, which will inevitably have a paralysing effect on its business. Once this stage has been reached the company may have passed the point of no return....
A county court in Northern Ireland has found in favour of a gay couple in a judgment this week in publicised Ashers Bakery case. ...
A report published this week by London First and PricewaterhouseCoopers (PwC) claims to quantify, for the first time, the positive effect of London’s 67,000 non-EU international students....
Since 1 January 2015, the Pensions Regulator has used its powers for the first time to issue “escalating penalty notices”. ...
To raise money for The Wallich, one of our nominate charities for the year, six of our Cardiff office are running the Cardiff Half Marathon, on Sunday 4th October. ...
The European Court of Justice has confirmed its approach in the Woolworths case in a further judgment of the ECJ handed down this week in Lyttle and others v Bluebird UK Bidco 2 Ltd (C-182/13). ...
So, after the excitement of the General Election last week, what does the new Conservative Government have in store on the employment law front?...
Clarkslegal’s international legal alliance, TAGLaw’s, recently held its 32nd international conference in Edinburgh, attended by our Managing Partner, David Rintoul. The conference, which took place on May 4-6, 2015, provided TAGLaw® members with the opportunity to strengthen the relationships they create within the alliance of more than 150 law firms from around the world. ...
The recent Goldswain case gave the High Court the opportunity to summarise the relevant case law relating to the extent of a consultant’s duty to warn its client in relation to the potential failings of other parties or of the client itself....
An Employment Tribunal has awarded a zero-hours worker £19,500 for injury to feelings. It was found that the employer had failed to take all reasonable steps to prevent sexual harassment by the employee’s line manager....