In October 2013, Canada and the EU concluded an agreement in principle on a Comprehensive Economic and Trade Agreement ("CETA"). It is envisaged that the Agreement will generate substantial new trade in goods and services as well as additional opportunities for investment. Once implemented, CETA is expected to increase bilateral trade in goods by 22.9% or E25.7 billion, which will foster growth and employment in both the EU and Canada...
The recent Judgment in the Court of Appeal case of Kotonou v National Westminster Bank plc [2014] raises a number of interesting issues for litigation practitioners...
Disputes are an unhelpful distraction to any business. They are costly and divert attention and resources away from the business`s main activities. Unfortunately, we must all accept that there will be situations where parties end up in dispute and may need to consider Court action. There are a number of dispute resolution mechanisms that can be used to chase debtors, such as issuing statutory demands. However, this article is focused on advising businesses that are considering commencing a claim through the small claims track. It is intended that this will be the first is a series of articles about the small claims track...
The government has issued a response to its consultation "Equal Pay Audits: A Further Consultation" launched in May 2013. The government will issue draft regulations setting out minimum requirements for equal pay audits which a tribunal would be able to impose on employers found to be in breach of discrimination laws in relation to equal pay. These regulations are due to come into force on 1 Oct...
The Small Business, Enterprise and Employment Bill was published yesterday. The following is outline of its proposals:. 1. a definition of a zero-hour contract, which seeks to make any clause which tries to stop the worker working for somebody else void. 2. a new system for enforcing tribunal awards: an `enforcement officer` will give a 28-day warning notice if a tribunal award remains unpaid....
It was announced by the government this week that, as part of the Small Business, Enterprise and Employment Bill, it will ban the use of exclusivity clauses and increase the availability of information on zero-hours contracts for employees. The government received more than 36,000 responses to its consultation, with 83% in favour of banning exclusivity clauses. The Business Secretary, Vince Cabl...
Most agents are aware that if their agency agreement is terminated by the principal they are entitled under the Commercial Agents (Council Directive) Regulations 1993 to payment of either compensation or an indemnity, depending on what their agency agreement says...
The Supreme Court has confirmed that UK laws concerning compulsory disclosure of criminal offences for individuals seeking to work with children are a violation of the right to respect for private life under Article 8 of the European Convention on Human Rights. Certain professional bodies and employers are permitted to request Enhanced Criminal Record Certificates ("ECRCs"). ECRCs disclose ever...
The issue of holiday pay and interpretation of the Working Time Directive remains a hot topic across the EU, not just in the UK. At the end of July, the EAT is due to hear Neal v Freightliner Ltd and Fulton and another v Bear Scotland Ltd to determine whether overtime pay must be included in calculation of holiday pay. However, the outcome of these cases will be determined largely by how the Eur...
John Wevill, a leading construction lawyer with over 15 years` experience in the field, has been appointed as Partner within Clarkslegal`s construction and energy team....
The unprecedented surge in support for UKIP has been highlighted by a recent survey conducted by NatCen. A survey of 3,000 people was conducted to find out what the British public perceives as most important when determining whether or not someone is ‘truly British`. The results showed that: 95% felt that to be British you must speak English (in 2003 this figure was 86%) 74% said it was impo...
In addition to the new 5p charge for plastic bags, the Queen`s Speech published on 4 June 2012 identified the following proposals:- In response to 3,000 highly-paid NHS executives taking redundancy payments only to get new NHS jobs afterwards, measures will limit excessive redundancy payments across the public sector. Legislation will impose higher penalties on employers who fail to pay their...
Do these sound familiar… "A can of baked beans landed on my toe" "My dog had a big fright and I don`t want to leave him" "My trousers split on the way into work" "My fish is sick" "I slipped on a coin" "I`ve had a hair dye disaster" These are just some of the 25 silly excuses recently published by Activ Absence Control as having been used by staff to miss to work. Whilst these do provid...
If a manager conducts further investigations and interviews after a disciplinary meeting, but doesn`t then revert to the employee before deciding to dismiss, that may make the dismissal unfair (Yeung v Capstone Care Ltd [2013] UKEAT/0161/13). In Yeung v Capstone Care, the claimant had worked as a carer at a home for vulnerable adults. Her colleagues alleged that she had verbally and physically a...
Thank you to all the teams for participating in our charity quiz night, hosted in Cardiff on Thursday 12th June....
These new Regulations will complete the implementation of the Consumer Rights Directive in a drive to harmonise consumer rights across the EU and, as they come into force on 13 June, will apply to most consumer contacts entered into on and after this date...
Thank you to those who attended our charity drinks and art exhibition in Reading on Thursday 5th June....
The Children and Families Act 2014, which received Royal Assent on 13 March 2014, will introduce a number of changes to employment legislation, including to those parts which relate to the right to request flexible working. (For information about other changes introduced by the Act, see shared parental leave and pay link and time off for antenatal appointments link)....
ACAS has published new Guidance on the handling of TUPE transfers and a helpful flowchart summarising the process. The 72 page Guidance document contains useful information on issues such as: When does TUPE apply; Employee liability information and due diligence; The impact of TUPE on terms and conditions of employment; and Information and consultation Included at the end of the Guidan...
The Equality and Human Rights Commission (EHRC) was asked to provide expert advice to the Court of Appeal in the case of Dr Hainsworth v Ministry of Defence (MoD). Dr Hainsworth worked for the MoD and was stationed in Germany. Her daughter suffers from Down`s Syndrome and, as her special educational needs could not be met in Germany, she requested a transfer to the UK. The request was refused...