Clarkslegal LLP - Solicitors in Reading and London

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Sep
11
2013

Strictly Come Dancing (or should that be Currys Come Dancing?)
#Employment

Two candidates who attended interviews at Currys have complained about being made to dance at their job interviews.  One apparently had to dance to Dizzie Rascal.  The other said he had to dance in a robotic-style to a Daft Punk song which he compared to a scene from BBC`s The Office and described the experience as "humiliating". Whilst using various recruitment assessment tools at interviews ca...

Sep
09
2013

Charity golf day
#Clarkslegal

Thank you to all who participated in our charity golf day on Friday 6 September at Reading Golf Club. The event was a huge success in raising money for our three nominated charities, Alexander Devine`s Childrens Hospice, Cardiff Foodbank and Contact the Elderly. Congratulations to Lloyds TSB who won the best team prize, while Cameron Frazer won best individual playing for Area Sq, closely followed by Ian Jackson of Lloyds TSB. Paul Etherington of Grant Thornton won the raffle for a lesson with Reading`s professional, Joe Templer....

Sep
06
2013

Employee shareholder rules now in force, guidance issued
#Employment

Following on from the proposal for a new employee shareholder contract, which finally came into force in 1 September 2013, the Government has now produced guidance on employee shareholder status....

Sep
06
2013

Government abandons plan to repeal service provision change in definition of TUPE
#Employment

The Government consulted on reforming the Transfer of Undertakings (Protection of Employment) Regulations 2006 ("TUPE") earlier this year. Yesterday the Government published its response....

Sep
04
2013

Trap for Landlords - VAT on Storage Facilities
#Real Estate

It is well known that there is a blanket exemption from VAT for land and property. Landlords and landowners will be all too familiar with the requirement to opt to tax land and property, in order to bring income and outgoings related to property within the VAT provisions....

Sep
03
2013

No More Second Chances
#Dispute Resolution

Litigation is sometimes criticised as slow and expensive. The ‘Jackson Reforms`, which came into force earlier this year, are intended to get to grip with these issues...

Aug
30
2013

Employers who fail to pay National Minimum Wage - Prepare to be named and shamed!
#Employment

Employers who fail to pay the National Minimum Wage (NMW) will be publicly named and shamed under revamped plans to make it easier to clamp down on rogue businesses....

Aug
30
2013

Proposed TUPE changes now expected to come into force in January 2014
#Employment

Buddy`s February article gave details on the proposed major changes to Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) (TUPE); further to this it is now being reported that the changes are planned to be introduced in January 2014 and will not come into force in October 2013 as originally intended....

Aug
30
2013

John Lewis: Never knowingly undersold... But their employees` holidays have been underpaid
#Employment

Following a review of John Lewis`s payment practices, it was discovered that it had been miscalculating holiday pay for the past seven years. John Lewis had been calculating holiday payments based on contracted weekly hours of employees. It failed to take into account the higher hourly wage rate of employees working on Sundays and bank holidays, as required by the Working Time Regulations 1998, w...

Aug
23
2013

Gross misconduct finding does not make dismissal fair
#Employment

The EAT in Brito-Babapulle v Ealing Hospital NHS Trust UKEAT/0358/12 has confirmed that an employment tribunal`s finding that gross misconduct does not mean that dismissal will automatically  be within the band of reasonable responses. The EAT found that the approach of the ET missed out essential considerations upon fairness - whether dismissal was reasonable in the particular circumstances of t...

Aug
23
2013

Disabled employees off sick: guidance on reasonable adjustments from EAT
#Employment

When considering reasonable adjustments for a disabled employee when and, how should an employer make allowances for disability related sick leave? The EAT has issued some helpful guidance in Commissioners for HMRC v Whiteley UKEAT/0581/12 by suggesting there are ‘at least two approaches`: 1. to look in detail at the periods of absence under review and, with expert evidence if necessary, attemp...

Aug
20
2013

Jurisdictional disputes involving trade union activities in foreign countries
#Dispute Resolution

The English Courts have two parallel systems that determine whether the English Courts have jurisdiction: the EU rules for determining jurisdiction as set out in Regulation 44/2001 (the "Regulation") and English Common Law rules. The Common law rules will only apply when the Regulation does not. As a result, there can be situations where it is unclear which test the Courts should be using and this can have profound consequences for the parties involved....

Aug
20
2013

Reaching a binding settlement agreement in mediation
#Dispute Resolution

The Court of Appeal has given its Judgment on a recent case that considered the extent of a solicitor`s duty to his client to formulate a binding settlement agreement resulting from a mediation. The background dispute that gave rise to the current case is worth consideration first....

Aug
19
2013

Good news for landowners - deposit statement introduced to protect against town & village green registration
#Real Estate

For many years it has been possible under Section 31(6) of the Highways Act 1980 to deposit a statement and map with the local highway authority setting out any public rights of way which are registered as crossing a piece of land. Such a statement has the effect of preventing any new rights of way arising across land for a period of 10 years from the date of deposit....

Aug
19
2013

Procurement Challenge: Closing the loophole on differing time periods
#Public Sector

There are currently two potential claims that could be brought against a procuring body for potential irregularities in procurement processes governed by the Public Contracts Regulations 2006 (as amended) (the Regulations)....

Aug
19
2013

Promotions
#Clarkslegal

We are delighted to be able to confirm the promotions of Rhiannon Holtham to Partner and Suzie Chetri to Associate in our Company and Commercial group....

Aug
13
2013

Preventing illegal working - let the UKBA know what you think!
#Immigration

The Government has published a consultation on proposals to strengthen and simplify the current civil penalty scheme, which is aimed at preventing migrants from working in the UK illegally....

Aug
13
2013

Can employees on long term sick leave carry over holiday they have accrued whilst absent?
#Employment

Are employees on long term sick leave entitled to carry over their full statutory holiday entitlement into the next holiday year?The Working Time Directive provides that member states must ensure that every worker is entitled to paid annual holiday of at least four weeks. This has been implemented in Great Britain by the Working Time Regulations 1998 (WTR) which provide that all workers are entit...

Aug
09
2013

Guidance as to when enhanced redundancy pay is contractual
#Employment

The Court of Appeal issued some useful guidance as to when enhanced redundancy pay becomes a matter of contractual entitlement rather than just being payable at the employer`s discretion. In his judgment in the case of Park Cakes Ltd v Shumba & Ors [2013] EWCA Civ 974 on 31 July 2013, Lord Justice Underhill set out some useful non-exhaustive factors to consider: On how many occasions, and over...

Aug
09
2013

Court of Appeal upholds £50,000 costs award against claimant
#Employment

In the case of Sud v London Borough of Ealing a robust decision has been made in the Court of Appeal upholding the tribunal`s decision to order the Claimant to pay 50 per cent of the Respondent`s legal costs. Background to the case/decision: The Respondents legal costs at full value were over £100,000. The Claimant had brought claims of unfair dismissal, detriment for having made protected dis...

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