Clarkslegal LLP - Solicitors in Reading and London

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Nov
22
2013

Union "leverage tactics" sparks QC inquiry into industrial relations
#Employment

The government has launched an inquiry into trade union tactics following the dispute at the Grangemouth petrochemical plant, which almost led to its closure. The review, headed by Bruce Carr QC, will examine whether the law needs to be tightened up to prevent "intimidation" and "harassment".   However, the inquiry will make recommendations about the roles of ministers, employers and workers in...

Nov
22
2013

Government Immigration Fees consultation - seeking justification for increases yet again?
#Immigration

The Government is currently consulting upon the current charging structure for immigration fees and visas required by individuals who want to visit, live and work in the UK. The consultation which is open until 3 December 2013, seeks views upon how the Government can ensure that those individuals who benefit directly from the immigration system and border control contribute appropriately to its r...

Nov
20
2013

Immigration fees
#Immigration

You may deal with immigration issues in your business. The Government has announced that a consultation process will be undertaken about immigration fees and charges. The consultation started on 12 November and will last for 3 weeks. The government has announced a consultation looking at charging principles which begins on 12 November and will last for 3 weeks, its purpose is to ensure that thos...

Nov
19
2013

A Contract Made in Two Jurisdictions?
#Dispute Resolution

In many disputes between parties based in different jurisdictions, one of the key battles will be over the place in which a dispute should be heard. This tactical battle will involve pragmatic considerations, such as convenience, cost and the presence of assets in a particular jurisdiction against which any subsequent judgment can be enforced. There may also be concerns about whether both parties will receive a fair hearing...

Nov
18
2013

The CEIP launched in Sri Lanka to enable Enterprise and Entrepreneurship for the Environment
#Clarkslegal

Michael Sippitt, Chairman of the Commonwealth Environmental Investment Platform (CEIP), explained the opportunities the CEIP creates, at the launch of the Sri Lanka hub held at Colombo Courtyard, on Thursday 14th November, 2013:...

Nov
15
2013

Prison officers disciplined for wearing "We have Madeleine McCann" t-shirts
#Employment

It has been reported that five prison officers from Wandsworth Prison in South London have been disciplined by their employer for wearing t-shirts with the words "We have Madeleine McCann" printed on them whilst on a boys` night out. The Prison Service was alerted to photographs of the officers on Facebook some two months after the photographs originally appeared on the site.   One of the offic...

Nov
15
2013

Ex-Channel 4 presenter loses age discrimination claim
#Employment

John McCririck was a horse racing broadcaster for Channel 4 for 28 years.  In 2012 he was let go aged 72. McCririck claimed this was because Channel 4, and the TV production company IMG Media Limited, were ageist and wanted to hire younger faces.   McCririck has always been known for his flamboyant dress sense.  But over more recent years he has also been known for his chauvinistic outbursts on...

Nov
14
2013

Sleeping on the job - and National Minimum Wage
#Employment

The Employment Appeal Tribunal  in Whittlestone -v- BJP Home Support Ltd has recently considered whether time spent sleeping on a job and travelling for work should be paid at the National MinimumWage. Mrs Whittlestone was a care worker.  For part of her role, she worked a shift from 11pm to 7am which was termed a ‘sleepover` to provide potential physical care for three young adults suffering fr...

Nov
14
2013

Does your retention of title clause stop you getting paid?
#Dispute Resolution

Most companies in the business of selling physical goods of any sort will include a retention of title clause in their terms of business. The purpose of such a clause is to prevent title in the goods passing to the buyer unless and until payment has been received, and to enable the seller to recover the goods if payment is not made...

Nov
12
2013

Termination Fallout - The Obligation to Provide Documents After Termination
#Construction

This matter came before the Technology and Construction Court to, amongst wider issues, interpret the obligations of a contractor to provide the employer with ancillary documentation in the form of sub-contractor collateral warranties, a parent company guarantee and a performance bond following the termination of an NEC3 contract for the development of retail space...

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

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
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
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...

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