Clarkslegal LLP - Solicitors in Reading and London

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Jul
26
2013

6 employment law changes from 29 July 2013
#Employment

As previously mentioned on Employmentbuddy, there are six procedural employment law changes coming into effect on Monday, 29 July 2013. Tribunal fees. For the first time, claimants will have to pay fees to bring employment tribunal claims.  See our new factsheet Employment Tribunal Fees [LINK] Tribunal rules. The rules of procedure in employment tribunals have been overhauled, the most important change b...

Jul
25
2013

Supporting the Samaritans` 24-7 campaign in Reading
#Clarkslegal

As part of our 100 days` volunteering for our centenary year, members of Clarkslegal staff helped raise awareness of the Samaritans in Reading, for the charity`s 24-7 campaign....

Jul
25
2013

The UK must act as a bridge for trade between Europe and the growing economies of the Commonwealth
#Inward Investment

According to a panel of leading experts, the UK and EU are missing a wealth of opportunities from the fastest growing economies in the world because of barriers to trade with the Commonwealth....

Jul
19
2013

Setting up in competition, injunction granted on basis of "implied terms"
#Employment

The recent case of Whitmar Publications v Gamage [2013] provides guidance for employers who find themselves in competition with former employees, when these employees have taken steps to compete with their employer whilst they were still their employees. In Whitmar, three employees had worked for the Claimant, a publisher, for a number of years. In January 2013 they resigned from their employme...

Jul
19
2013

Relief for private sector contractors in Alemo-Herron case on TUPE
#Employment

The ECJ has just issued its judgment in the important Alemo-Herron case, of particular relevance to public sector contracting. In a decision which will come as a relief for private sector contractors, it has ruled that the Acquired Rights Directive precludes UK courts from adopting a "dynamic" rather than a "static" interpretation of TUPE. In other words, where transferring employees` contracts p...

Jul
19
2013

Red Tape Challenge Updates: How effective will the Government`s scissors be?
#Employment

The Government has put out a call for evidence regarding the whistleblowing framework and whether it is operating effectively in today`s labour market. They are particularly looking for feedback on the provisions which were unaffected by the recent changes in the whistleblowing legislation and are considering whether any aspects of the protections no longer...

Jul
12
2013

Can an obese individual be classed as disabled under the Equality Act 2010?
#Employment

Under the Equality Act, a disability is a physical or mental impairment that has a substantial and long-term adverse effect on a person`s ability to carry out normal day-to-day activities.  In the case of Walker v Sita Information Networking Computing Ltd an employee suffered from a multitude of physical and mental symptoms described as functional overlay which was significantly compounded by his...

Jul
12
2013

Tribunal fees - legal challenge update
#Employment

The Scottish Court of Session has declined to grant any declaration concerning tribunal fees until a full hearing can take place. The case is relevant to England and Wales as the Lord Chancellor has conceded that a ruling by the Court of Session will bind the whole of the UK, not just Scotland....

Jul
12
2013

Clarkslegal staff host afternoon tea party for the elderly in the sunshine
#Clarkslegal

Clarkslegal held its second tea party for the local elderly community at the Forbury Gardens in Reading on Sunday...

Jul
12
2013

Settlement Negotiations - changes in force 29 July 2013
#Employment

On 29 July 2013, the following sections of Enterprise and Regulatory Reform Act 2013 (ERRA 2013) into force: Pre-termination negotiations- a new, but complex statutory framework that will allow for certain discussions to remain confidential from a tribunal in unfair dismissal cases only. Section 14. Compromise agreements and compromise contracts- will be renamed as "settlement agreements" in...

Jul
09
2013

Guarantor released from obligations under the terms of a lease as it had not been made party to a Licence for Alterations
#Real Estate

In the recent case of Topland Portfolio No. 1 Ltd v Smiths News Trading Ltd [2013] EWHC 1445 (Ch), the High Court held that a guarantor was automatically released from its obligations under the terms of a lease as a result of the landlord and tenant entering into a licence for alterations to undertake works to a property without its consent....

Jul
05
2013

EC law means more collective redundancies for employers - Woolworths case brings sudden end to "establishment" test
#Employment

As reported in our blog on 7 June 2013, the Employment Appeal Tribunal has allowed an appeal by the union, USDAW, which fundamentally changes the application of the collective redundancy laws in the UK - subject to any appeal. The change has come about as a result of the decision by the EAT to apply UK employment law in conformity with EC Directive and will impose a significant burden on employers, particularly larger employers. This will be frustrating for the government, having reduced in April of this year the 90 day consultation period for large redundancy exercises to 45 days, in an attempt to reduce the burden....

Jul
05
2013

The ECJ to rule on the meaning of ‘establishment` for collective consultation purposes
#Employment

Following the Woolworths case there has been a lot of discussion on the meaning of one ‘establishment` for the purposes of collective redundancy consultations and the consequences of this....

Jul
05
2013

Judicial Review of Tribunal Fees
#Employment

The Government`s intention to introduce Tribunal fees from 29th July 2013 is quite possibly the most controversial change to the Employment Tribunal procedure that they have made to date....

Jul
04
2013

Furnished Holiday Lets will not qualify for Inheritance Tax Relief
#Real Estate

The Upper Tier Tax Tribunal has disallowed a claim for Business Property Relief in respect of a holiday letting...

Jun
28
2013

Command Performance
#Construction

On-demand bonds are experiencing a revival in these recessionary times. They have the advantage of being able to be called upon immediately and are generally perceived as a "must-have" security document for most clients entering into construction contracts...

Jun
28
2013

Chinese workers release their boss as strikes become problem for China
#Employment

A week later and finally Chip Starnes, from the US, president of Specialty Medical Supplies, is able to leave his office, after being barricaded in by his own employees at a factory in China....

Jun
28
2013

Association of Commonwealth Universities - Centenary Reception
#Clarkslegal

Clarkslegal was delighted to support the Association of Commonwealth Universities` centenary reception and their Second Century Campaign on Monday 10th June....

Jun
28
2013

Employer made "mistake": £1.3 million bonus settlement was subject to tax despite no tax deduction clause
#Employment

In a dispute over whether tax was payable on a very large settlement sum, the High Court  has determined (no doubt, to the huge relief of the employer) that the proper construction of a clause "to pay £1,350,000" was that the sum was to be paid net of tax (that is, after deduction of income tax). The clause did not say that tax was deductible. The parties agreed that: The settlement sum was su...

Jun
26
2013

What if your top performer ends up like Nadal?
#Employment

With Wimbledon being televised this week, many people have tuned into the endless grunts and back hands of the tennis stars, including former number 1, Spanish favourite, Rafael Nadal. However this year, he was knocked out in the first round to Steve Darcis, ranked 135th  in the world.Nadal was expected to perform at a high standard, so when he was surprisingly kicked out this early on in the com...

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