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....
Clarkslegal’s international alliance, TAGLaw®, was recently ranked by Chambers & Partners as an “Elite” legal alliance in the publication’s annual Global rankings guide. As an independent member of TAGLaw, Clarkslegal can provide its clients with access to high quality legal, accounting and financial representation around the world....
Today George Osborne released the budget for 2015 and announced ‘the rich will pay the most’. He stated that £30bn worth of savings must be found, however insisted that the UK economy was improving and that “the sun is shining on Britain”. Here we look at the main points of the budget likely to affect businesses and employees....
With the general election looming, Mr Farage probably considers it a less than ideal time to become embroiled in a war of words with Channel 4. According to Channel 4, Mr Farage confirmed in an interview last autumn that he would scrap “much of” race discrimination law....
Forbury People are collaborating with Clarkslegal and The CEIP on an initiative aimed at strengthening the Malaysian university system. Four Malaysian university Vice Chancellors are currently in the UK undergoing placements with host companies who have kindly agreed to give up their time to support our initiative....
Where an employee is subjected to separate acts of harassment, can an employee’s subsequent resignation also amount to an act of harassment? The Employment Appeal Tribunal (“EAT”) recently had to consider this issue in Timothy James Consulting Ltd v Wilson [2015] UKEAT 0082/14....
Four Malaysian academics, all Vice Chancellors from top Malaysian Universities, have just arrived in London and Forbury People has been instrumental in bringing them to the UK. Here for four weeks, they are funded by the Malaysian government to observe UK business practice. Forbury People is collaborating with a top Malaysian Talent Management company and we have arranged for them to be hosted by a range of UK businesses for their professional development....
As is quite often the case in relation to building developments, a consultant will provide preliminary services to the developer in expectation of being awarded a contract to provide consultancy services for the entire project. In such circumstances, it can be difficult to ascertain who is liable for the cost of the consultant’s initial services, if the anticipated contract does not materialise....
It is important when deciding the criteria for bonus entitlement or when scoring employees during a redundancy exercise, that due consideration is given to whether an employee has been absent from work due to their disability....
In light of the controversy surrounding the payouts made to two former Tesco directors, there have been further calls , including from the City, for the notice periods in senior executives contracts to be reduced....
Unless you have no mobile phone or internet access, in which case you are probably unlikely to be reading this, you will be in a very small minority if you haven’t received a text message of this kind, or perhaps an automated call about PPI claims or some other “entitlement”. What these communications have in common is that they are almost always unsolicited, unwanted and very difficult to do anything about because the identity of the sender is either disguised or undisclosed, or there is no effective way given to opt out....
The Court of Appeal has given some useful guidance on when employees transfer under TUPE in a service provision change scenario: Rynda (UK) Ltd v Rhijnsburger [2015] EWCA Civ 75. This was a case concerning the transfer of a single employee....
When dealing with misconduct allegations, do you find that employees sometimes seek to provide explanations that are so hard to disprove or could require many weeks of investigation, that you feel like you have to give up on the matter, rather than risk a tribunal claim? Some recent guidance from the Court of Appeal...
In a case involving Ed Miliband, the GMB is appealing a judgment by an employment tribunal that it unlawfully discriminated against a GMB member and who worked for the union for his “left-wing democratic socialist beliefs”. The case, reported in The Times this week, is not the first case where such a political belief has been found to constitute a belief protected under the Equality Act....
The EAT has overruled a tribunal decision that the National Audit Office was entitled to rely on a general right to vary clause to reduce employees' entitlements without their consent....
There will be a very important international meeting next week, which could impact on UK strike laws in the longer term, dealing with the key question, “ Is there a right to strike?” The meeting, at which representatives of various governments, unions and employers organisations will be attending, including the CBI, will be at the United Nations in Geneva, where the UN agency for labour standards, the International Labour Organisation, meets. Clarkslegal attends the ILO’s annual conference on behalf of the CBI....
The Employment Appeal Tribunal (“EAT”) has recently held that varying employees’ contractual terms and conditions may amount to indirect age discrimination where those changes disadvantage older workers (Braithwaite and others v HCL Insurance BPO Services Ltd UKEAT/0152/14). In the Braithwaite case however, the EAT found that the changes made to employees’ contracts could be objectively justified as there were no less discriminatory ways of achieving the employer’s legitimate aim of reducing staffing costs....
According to Action for Smoking and Health, there were 2.1 million adults using e-cigarettes in the UK last year. E-cigarettes pose a number of problems for employers, in particular, whether they should be used in the workplace....
In view of the increased risk of fraud and following high profile cases, the Land Registry has introduced means to protect individuals and companies who own property (where the title is registered at the Land Registry) against fraudulent transactions taking place without their knowledge. ...
You cannot have escaped the recent judgment regarding Gordon Ramsay. For those who haven’t heard of him he is a celebrity restaurateur and the star of several TV food programmes including Hell’s Kitchen. ...