Clarkslegal LLP - Solicitors in Reading and London

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Apr
25
2016

“No Oral Variation” Clauses: Do They Work?
#Dispute Resolution #Commercial

Many commercial contracts contain a clause to the effect that any variations or amendments to the contract must be in writing. Parties to commercial agreements favour such clauses because they promote certainty: the parties know what they have to do to amend the contract and disputes about oral discussions are in theory avoided....

Apr
22
2016

Contractual staff handbooks
#Employment

In the case of Department for Transport v Sparks and others, the Department of Transport (DfT) wanted to implement a new attendance management procedure. This new procedure contained provisions allowing for the formal absence management process to be triggered earlier than was currently the case....

Apr
22
2016

Employers no longer have to pay National Insurance contributions for apprentices under the age of 25
#Employment

April 2016 marks a change in the law that is designed to further encourage employers to take on more apprentices. Since 6 April 2016 employers no longer have to pay National Insurance contributions for apprentices under the age of 25 for earnings below £827 per week (£43,000 per year)....

Apr
22
2016

Whistle-blowing – ‘Allegation’ and ‘Information’ are not alternative concepts and suspension was an ongoing detriment
#Employment

The recent case of Kilraine v London Borough of Wandsworth has demonstrated that when assessing if there has been a disclosure of information, for whistle-blowing purposes, ‘information’ and ‘allegations’ are often intertwined and Tribunals should not fall into the trap of treating disclosures as either one or the other. Further, suspending an employee will constitute a continuing detriment and not just one that takes place at the point of suspension....

Apr
19
2016

Cultural leadership and HR
#Employment

What is the "culture" of a business? How would employees describe it?...

Apr
19
2016

Convergence of best practice and business sense: The role of Human Resources in a complex international landscape
#Employment #Outsourcing & Supply Chain #Supply Chain Governance

As reports of violence, extremism and endemic corruption across the world seem an everyday occurrence a perplexed business executive, who knows that there is a big world out there to do business in, may ask where on earth can I safely travel and where can I confidently do any business?...

Apr
14
2016

Employer’s reasonable and genuine belief can be sufficient for SOSR dismissal
#Employment #UK Immigration #Inward Investment

In Nayak v Royal Mail Group, the EAT upheld the tribunal’s decision that an employer’s genuine and reasonable belief that an employee was no longer permitted to work in the UK was sufficient to show that he had been dismissed for some other substantial reason (SOSR)....

Apr
14
2016

Disciplining an employee for imposing her religious beliefs was not discriminatory
#Employment

The EAT has held in Wasteney v East London NHS Foundation Trust that a Christian senior manager was not discriminated against when she was subjected to disciplinary proceedings for imposing her religious views on a Muslim junior employee....

Apr
12
2016

Media storm over British Medals contract awarded to French company
#Public Procurement

It is not often that public procurement contract awards are debated in Parliament or grab the headlines, but that is exactly what happened after the recent decision by the Cabinet office to appoint the French medal manufacturer, Arthus-Betrand, to a framework agreement for the “supply of medals and insignia which are presented by, or on behalf of The Queen, at various times throughout the year”....

Apr
08
2016

Payments to ex-employee during restrictive covenant period made no difference to enforceability
#Employment

The recent case of Bartholomews Agri Food v Thornton has provided some useful guidance to employers who wish to rely on restrictive covenants when an employee leaves. ...

Apr
08
2016

“Pulling a sickie” was gross misconduct
#Employment

In the recent case of Ajaj v Metroline West Ltd UKEAT/018/15/RN an employee who disingenuously claimed to be unfit to attend work was held to be dishonest and had fundamentally breached the trust and confidence of the employee/employer relationship....

Apr
07
2016

Bribery Act 2010 bites…….
#Directors' Duties #Corporate

It was widely reported, earlier this month, that a Scottish company, Braid Logistics (UK) Limited, had agreed to pay some £2.2m to the Crown Office and Procurator Fiscal Service’s civil recovery unit by way of an agreed civil settlement, having accepted that it had obtained business through unlawful conduct. ...

Apr
07
2016

Property related FAQs by franchisees
#Commercial Real Estate

Most franchises operate from retail premises and the franchisor will often take a superior lease interest and then grant the franchisee a lease or licence from it. ...

Apr
07
2016

Budget 2016 – Key property announcements in brief
#Commercial Real Estate

From 17 March 2016 SDLT on commercial properties was brought in line with the residential system, whereby, the SDLT will now be charged at a variety of rates according to the portion of the total consideration that falls within each of the respective bands. ...

Apr
06
2016

Does deliberate now mean fraudulent? Mutual Energy Ltd v Starr Underwriting Agents Ltd and the Insurance Act 2015
#Construction

With the coming into force of the Insurance Act 2015 just around the corner – August 2016 – it was perhaps an appropriate time for the first case to consider the meaning of the phrase “deliberate... non-disclosure” in an insurance policy....

Apr
06
2016

2016 Budget – Construction Implications
#Construction

There was little of direct interest in the 2016 Budget for construction practitioners, but the following themes were developed by the Chancellor and will have implications for those involved in the construction industry:...

Apr
05
2016

JCT 2016 Edition suite of contracts to be launched
#Construction

JCT will shortly be publishing its new 2016 edition suite of contracts. ...

Apr
01
2016

Whistleblowing: “Public Interest” developments
#Employment

The Employment Appeal Tribunal (“EAT”) recently revisited the issue of whether an employee’s disclosure was made in the public interest. ...

Apr
01
2016

Constructive unfair dismissal: employers should pause before writing that letter
#Employment

The Employment Appeal Tribunal (EAT) has upheld a decision that contacting an employee to raise non-urgent concerns while they were off sick amounted to a repudiatory breach of contract. ...

Apr
01
2016

Tier 2 Sponsors – do you need to apply to renew your Certificates of Sponsorship allocation by 5 April
#Immigration #Employment

Employers who hold a Tier 2 sponsor licence can sponsor employees who are from outside of the European Economic Area by assigning a certificate of sponsorship (CoS) to them....

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