Clarkslegal LLP - Solicitors in Reading and London

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Nov
08
2013

European plans to improve rights for non-EU seasonal workers
#Immigration

The EU Commission estimates that over 100,000 third-country seasonal workers come to the EU every year. A new Directive aims to end exploitation as well as ensuring that temporary stays do not become permanent. If approved at a plenary vote which is due to take place in January 2014, member states will have two and a half years to bring it into effect. It is proposed that any application to ente...

Nov
08
2013

Centenary Charity Reception in London
#Clarkslegal

Thank you to those who attended our Centenary Charity Reception at The Ivy on Wednesday 6th November. We were delighted with the attendance and support in not only celebrating our centenary, but in raising profile and donations for our three nominated charities, Alexander Devine`s Children`s Hospice, Contact the Elderly and Cardiff Foodbank....

Nov
08
2013

Draft TUPE regulations published
#Employment

The government has published the draft Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2013. The draft regulations reflect the government`s response to the consultation on proposed changes to TUPE, which was published in September 2013. The draft regulations will be laid before Parliament in December and are expected to come into force in Ja...

Nov
08
2013

City banker discriminated against by "bunga-bunga bank"
#Employment

The Times reports today on the case of a female equity salesperson who has won her employment tribunal case where she claimed that she had her £95,000 salary cut to the £6.08 per hour minimum wage  "because she was a woman". There was a sexist culture where male bankers referred to their firm as "Bunga-Bunga Securities". After succeeding in her sex discrimination claim, she is seeking substantial...

Nov
06
2013

Community Infrastructure Levy - Government publishes its response to the consultation
#Real Estate

The Community Infrastructure Levy (CIL) was introduced on 6 April 2010 and enables local authorities within England and Wales to raise funds from developers undertaking building projects within its area. The funds are used to implement infrastructure to support development within the area. The CIL is a set tariff, subject to public consultation and examination....

Nov
05
2013

The Dangers of Refusing Mediation
#Dispute Resolution

For over 10 years a succession of cases has made it clear that a failure to engage in alternative dispute resolution, including mediation, might lead to negative costs consequences in litigation...

Nov
01
2013

Zero-hours contracts: use them wisely
#Employment

The Office for National Statistics has launched an investigation into how it measures the number of British workers employed on zero hours contracts. It seems that nobody really knows how many there are. Last week, the business secretary, Vince Cable, last week wrote to the ONS to raise his concerns about "the lack of reliable statistics that are available on zero-hours contracts". The topic hit...

Nov
01
2013

Knowledge sharing key to Cardiff leading the development of international smart, sustainable cities
#Environment

The opportunity for Cardiff to lead the development of smart, sustainable cities internationally was outlined last week at a conference hosted by Cardiff Council and the Commonwealth Environmental Investment Platform (CEIP) at Cardiff`s SWALEC Stadium. Attended by business and sustainability leaders from across the UK and internationally, the proceedings of the conference demonstrated the environmental and economic benefits available to cities, especially those in the Commonwealth, by sharing their expertise in technology, innovation and knowledge....

Nov
01
2013

New apprenticeships regime to be introduced from 2017
#Employment

In March 2013, the government launched a consultation seeking views on proposals for reforming apprenticeships in England. It described the present system as "prescriptive". The response to that consultation, in the form of an "implementation plan", has now been published. Existing apprenticeship frameworks, governed by the Apprenticeships, Skills, Children and Learning Act 2009 (ASCLA 2009),...

Oct
29
2013

Preventing illegal working: updated guidance
#Immigration

The Home Office has published a new, updated version of its `Full guide for employers on preventing illegal working in the UK`. This version replaces the previous one published in May 2012. The substantive content remains the same but the main changes in the updated guidance are: Highlighting that the current restrictions on Bulgarian and Romanian nationals being will come to an end on 31 De...

Oct
28
2013

Corporate Partner Ashan Arif attends TAGLaw`s International Conference in Munich
#Clarkslegal

Clarkslegal`s legal alliance, TAGLaw, recently held its 29th international conference from October 21st through 23rd in Munich. In attendance at the conference was Head of Corporate, Ashan Arif....

Oct
25
2013

Court of Appeal upholds post termination restriction that was for "only six months"
#Employment

In a refreshingly clear judgment in an area that is notoriously complex and hard for employers to get right, the Court of Appeal has confirmed that the length of a non solicitation clause is a "powerful factor" in assessing the overall reasonableness of the clause and that when the restriction was for "only six months", that was a "fundamental consideration of reasonableness". The Court suggested...

Oct
25
2013

Department of Work and Pension redundancy scheme discriminated against employees in their 20s - but was justified.
#Employment

In Lockwood v Department of Work and Pensions (1) Cabinet Office (2) (2013), the Court of Appeal has found that although the Department of Work and Pensions discriminated against a young employee on grounds of her age when applying their voluntary redundancy policy, the discrimination was objectively justified and hence lawful ( The case is helpful in clarifying what is meant by direct discrimin...

Oct
18
2013

Employer required to pay for depressed employee`s private counselling
#Employment

InCroft Vets Ltd and others v Butcher, the EAT has upheld a tribunal`s decision that an employer, in not paying for an employee with work-related stress and depression to have private psychiatric counselling and cognitive behavioural therapy, breached its duty to make reasonable adjustments under the Equality Act 2010. The adjustments, which were recommended by a consultant psychiatrist, were suf...

Oct
18
2013

Redeployment: misleading job description makes interview and redundancy unfair
#Employment

The EAT case of Somerset County Council v Chaloner (2013) highlights the importance of ensuring that when redundant employees are being considered for redeployment, they must be given a fair opportunity of understanding exactly the nature of the role being applied for. So, be careful when devising a new role in a restructure and ensure that the job description is properly finalised before conduct...

Oct
15
2013

Twinmar - A Clearer Picture of Repairing Liabilities
#Dispute Resolution

In the recent case of Twinmar Holdings Limited -v- Klarius UK Limited the High Court gave helpful guidance to Tenants on their responsibilities for repairing/replacing glass fibre reinforced polyester roof lights. Roof lights of this type regularly cause difficulties in dilapidations claims and the Twinmar case has already had some publicity as a result of this...

Oct
11
2013

New ICO Code of Practice for Subject Access Requests
#Employment

In March we blogged that the ICO had launched a consultation asking for feedback on a new code of practice for handling data subject access requests under the Data Protection Act 1998. The ICO received 86 responses in total and the new code was published in August this year. The ICO did make some changes to the code based on the responses it received.  For example, the code now includes secti...

Oct
11
2013

Clarity provided on effective cause in Constructive Dismissal cases
#Employment

The Employment Appeal Tribunal in the case of Wright v North Ayrshire Council has provided some clarity on the correct test for determining constructive dismissal claims, and the extent to which an employer`s contractual breach should contribute to a resignation.    The Claimant was employed as a Care Assistant at the Council from December 2003 until she resigned in November 2010.  She subsequen...

Oct
11
2013

Tribunal Penalty for Employers
#Employment

The Enterprise and Regulatory Reform Act 2013 received Royal Assent on 25 April 2013 and even though certain sections, such as changes to whistle blowing, came into effect on 25 June 2013 until now there has been no indication of when Section 16 would come into force.  Section 16 grants an employment tribunal the power to impose financial penalties on employers. However the Minister of Employmen...

Oct
10
2013

Still Swamped!
#Construction

The Department for Environment, Food and Rural Affairs (Defra) has delayed its proposed revocation of the Site Waste Management Plans Regulations 2008 (SI 2008/314) in England....

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