Clarkslegal LLP - Solicitors in Reading and London

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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...

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
02
2013

Vince Cable says illegal immigrant adverts "stupid and offensive"
#Immigration

The "go home or face arrest" campaign has been widely criticised.  The Home Office was forced to defend the week long £10,000 campaign in six London boroughs which we commented on last week....

Aug
02
2013

"Zero-hours" employment: employers targeted by unions
#Employment

The increasing use of "zero-hour" contracts by employers has been topical in recent months. Criticism has arisen because the employee must remain available for work whilst not being guaranteed regular hours and consequentially levels of pay remain unpredictable...

Jul
29
2013

University of South Wales - Highest Achieving Student in Employment Law and Practice
#Education

Clarkslegal was delighted to sponsor the prize for the Highest Achieving Student in Employment Law and Practice at the recent University of South Wales prize-giving ceremony for the Faculty of Business and Society....

Jul
26
2013

BIS to appeal Woolworth`s judgment
#Employment

The Department for Business, Innovation and Skills (BIS) has requested permission to appeal the recent judgment by the Employment Appeal Tribunal (EAT) in the Usdaw v Woolworths case that means that collective redundancies need not be "at one establishment" for there to be a requirement for the employer to consult. We will keep you posted....

Jul
26
2013

In the UK illegally? Asks adverts on vans
#Immigration

Following the announcement in May for tougher rules to be introduced to tackle immigration the government continues with its policy to reduce the overall numbers. To this end, the Home Office this week launched a novel one-week pilot scheme to encourage illegal migrants to leave the UK voluntarily. Vans were driving around Hounslow, Barking & Dagenham, Ealing, Barnet, Brent and Redbridge displa...

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

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
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....

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