Clarkslegal LLP - Solicitors in Reading and London

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May
28
2013

Recent caselaw on break clauses - a (rare) decision in the tenant`s favour
#Real Estate

One of the many pitfalls which can arise when negotiating and exercising break clauses in leases is the condition for the rents to be paid up to date at the break date....

May
21
2013

ACAS Code can apply to SOSR dismissals
#Employment

The ACAS Code of Practice on Disciplinary and Grievance Procedures (the Code) sets out guidance to be followed in ‘disciplinary situations` and expressly states that this includes dismissals for misconduct and poor performance.  A failure to follow the Code can result in a Tribunal making either an uplift or reduction in any award (depending on who is at fault) of up to 25%.     Whilst clearly s...

May
21
2013

Methodist minister was not an employee
#Employment

The Supreme Court has overturned the decisions of the EAT and Court of Appeal and held that a Methodist minister was not an employee and so could not bring an unfair dismissal claim. In the case of Methodist Conference v Preston the claimant was a superintendent minister to a group of congregations in Cornwall. She was entitled to accommodation, holiday and sick pay, a pension and a stipend (a...

May
20
2013

Clarkslegal advises local charity on Islamic financing
#Corporate

Clarkslegal LLP has advised a Reading charity on obtaining finance for its acquisition of a prominent former corporate HQ building in Reading. The deal was based on Islamic financing, structured around the principles of diminishing Musharakah....

May
20
2013

Construction sector case study from Vistage
#Construction

The last few years have been challenging for the construction sector to say the least. Since the Recession started the existing market has become more and more competitive. Construction output is at an all-time low, The Green Deal is floundering, promised infrastructure investment seems slow to materialise, which in turn stalls recovery in the sector as a whole....

May
17
2013

Survey suggests whistle-blowers are ignored
#Employment

The BBC has reported that a survey carried out by the charity Public Concern at Work has found that 60% of whistle-blowers who voice fears about their workplace receive no response at all from their managers. The survey also found that of 1,000 whistle-blowers questioned, 19% were disciplined or demoted after voicing their concerns and 15% were dismissed. The results of the survey come ahead of...

May
15
2013

Right to work checks - don`t get caught out
#Employment

With UK immigration policy being a constant political hot potato and changes being made to the immigration rules seemingly continuously, employers may have a hard time keeping up to date. As a minimum, though, all employers should be carrying out right to work checks on their staff to avoid breaching the immigration rules. Why do the checks? Under the Immigration, Asylum and Nationality Act 200...

May
10
2013

Employees of non-transferring self contained business are not `affected employees`
#Employment

Where there is a ‘relevant transfer` within the meaning of the Transfer of Undertakings (Protection of Employment) Regulations 2006 ("TUPE"), there is an obligation on both the old and new employer to inform and consult with representatives of the employees who may be affected by the transfer (or measures taken in connection with it).  In Unison v Somerset County Council [2010] ICR 498, the EAT...

May
10
2013

Queen`s Speech: tougher rules announced for immigrants
#Employment

In her speech on the 8 May 2013 at the state opening of Parliament, the Queen announced the Home Office are to introduce more new tougher laws to tackle immigration. The announcement follows the recent major overhaul of the Immigration Rules. The Queen said an Immigration Bill will aim to "ensure that this country attracts people who will contribute and deter those who will not". There are a...

May
09
2013

Post-Employment Victimisation IS covered by the Equality Act 2010
#Employment

The EAT has held that the Equality Act 2010 protects individuals against post-employment victimisation. This is a change from its previous decision in Rowstock Ltd and another v Jessemey...

May
09
2013

Managing Partner David Rintoul Attends TAGLaw International Legal Conference in Boston
#Clarkslegal

Clarkslegal`s legal alliance, TAGLaw, recently held its 28th international conference from May 6th through 8th in Boston. In attendance at the conference was Managing Partner David Rintoul....

May
03
2013

47% of companies have HR Director on the board our survey shows
#Employment

This April we carried out a survey in association with GB Management Coaching Ltd. Gail Brown, the Managing Director and one of our Forbury HR Consultants, specialises in helping HR professionals fast track their career and reports on the findings of the survey....

May
03
2013

£950 hearing fee is confirmed to bring an unfair dismissal claim. Commencement dates still awaited on key changes
#Employment

Regulations have been published on tribunal fees. Fee levels are unchanged following consultation, ie a £250 issue fee, and a £950 hearing fee, for most types of claim (including unfair dismissal, discrimination and whistleblowing). Unlawful deductions and statutory redundancy payments carry a lower fee (£160 issue; £230 hearing). The BIS has confirmed that the changes to the whistleblowing laws...

Apr
30
2013

Importance of having a choice of law clause in agency contracts
#Dispute Resolution

A recent Court of Appeal decision has highlighted the importance of parties to an agency contract choosing which country`s law will govern the contract...

Apr
26
2013

Lease Renewal: Who Decides the Terms when Landlord and Tenant Cannot Agree?
#Real Estate

The landlord and the tenant will generally negotiate the terms of a lease on renewal, but if the parties cannot reach agreement, the court will decide on the terms....

Apr
26
2013

More pay does not equal better performance, top UK investor warns top executives
#Employment

FTSE 350 companies risk a backlash from one of the country`s biggest pension fund investors if executive pay is not curbed. The Local Authority Pension Fund Forum, which represents pension funds with more than £115bn in assets, has published guidelines on its expectations for executive pay, arriving at the following conclusion More pay does not necessarily equal better performance. The significa...

Apr
26
2013

Acas publishes guides to dealing with common employment issues
#Employment

Acas has published 6 step by step guides aimed at small businesses, line managers and supervisors for use when dealing with common business situations and potential problem areas at work. Breaking these areas down into checklists and reminders of things to consider, practical examples, and potential legal issues to be aware of, the guides cover: Recruiting an employee Settling in a new employ...

Apr
25
2013

Clarkslegal advises Eden Automotive Investments on its latest acquisition
#Corporate

Clarkslegal has advised Eden Automotive Investments Limited (part of the Eden Motor group) in its purchase of Alan Gibson Limited, a multi-motor dealership based in Basingstoke....

Apr
19
2013

Founded on relationships, then built on good service
#Clarkslegal

Thank you to the Reading Post for featuring our centenary and charity work. Please click here to download their report....

Apr
19
2013

Zero hours contracts on the increase
#Employment

According to recent reports 23% of large British firms (i.e. those with more than 100 staff) now engage individuals on so-called "zero hours" contracts.  This is in contrast to 11% in 2004....

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