Clarkslegal LLP - Solicitors in Reading and London

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Oct
24
2012

Accession of Croatia to the EU on 1st July 2013
#Employment

On 1st July 2013, the Republic of Croatia will gain accession to the EU. After this date, Croatian nationals will no longer be subject to immigration control. However, restrictions will be imposed on Croatian nationals which are similar to those imposed on Romanian and Bulgarian nationals....

Oct
24
2012

Still no clarity from European Court on redundancy consultation in Nolan case
#Employment

The Court of Justice of the European Union ("CJEU") has decided against providing guidance on the correct trigger point for collective consultation where an employer wished to make twenty or more employees redundant....

Oct
24
2012

A perfect storm for the postgraduate education sector forecasted by the Higher Education Commission
#Immigration

An independent inquiry by the Higher Education Commission predicts that the combination of increasing fees, banks less willing to fund post graduate study, and students less willing to take on further debt for post graduate study will significantly reduce the demand for postgraduate education....

Oct
22
2012

Does an indemnity for costs in a commercial contract mean anything?
#Dispute Resolution

Many commercial agreements contain clauses stating that one party is required to indemnify the other part for legal costs in the event of a breach of contract....

Oct
22
2012

Clarkslegal lawyers attending International Law Conference in Brussels
#Clarkslegal

David Rintoul and Ashan Arif are attending an international conference in Brussels hosted by TAGLaw, a leading alliance of independent law firms from around the world....

Oct
18
2012

Gay couple win Berkshire B&B refusal case
#Employment

A gay couple booked to stay at a B&B in Berkshire. Upon arrival they were refused their room by the owner, Mrs Wilkinson. It has been ruled that they were discriminated against and they were awarded £1,800 each for "injury to feelings"....

Oct
18
2012

The Importance of Lasting Powers of Attorney
#Real Estate

Clients should always consider whether they or an elderly relative need to draw up a Lasting Power of Attorney....

Oct
16
2012

Immigration helps to support the UK`s ageing population
#Immigration

Economists and demographers commented following the 2011 census data that the increasing life expectancy of the UK population and the declining number of births means that there will be fewer workers to shoulder the burden of supporting the elderly. In order to maintain current population levels, an average fertility rate of 2.1 is required. However, the current fertility rate excluding female i...

Oct
16
2012

Trade Union recognition - jurisdiction and territorial limits
#Employment

The High Court considered in Netjets Management Limited v CAC and another [2012] EWHC 2685 what territorial limits exist on the Central Arbitration Committee`s (CAC) jurisdiction to consider a request for union recognition....

Oct
12
2012

Stakeholder pension designation requirements repealed on 1 October 2012
#Employment

The DWP has brought into effect section 87 of the Pensions Act (PA) 2008, repealing the stakeholder pension designation requirements from 1 October 2012....

Oct
09
2012

Owner-Employee Contracts: will they create jobs/cut rights/avoid tax?
#Employment

Chancellor, George Osborne, has announced legislation which will introduce a new ‘owner-employee` contract....

Oct
05
2012

Does the winner take it all?
#Dispute Resolution

Two recent cases have shown the challenges that a successful Defendant can face when unable to recover costs from an impecunious Claimant. The general principle employed by the court is that a non-party to the proceedings, but who has funded the litigation, may incur a personal costs liability if they have a financial interest in the outcome of those proceedings....

Oct
05
2012

Our survey shows employers back 30 day consultation for all collective redundancies
#Employment

Thank you to everyone who participated in our online survey on the Government`s Consultation on the current law regarding collective redundancies. We received responses from a diverse cross section of businesses with employee numbers ranging from 40 to 2,500. We have included the results of the survey, together with feedback from a variety of employers that we have spoken to in our formal response to the consultation....

Oct
04
2012

New Inheritance Tax Relief for charitable legacies in Wills
#Real Estate

From 6 April 2012, a new inheritance tax relief is available....

Oct
04
2012

Victimisation claims can be brought by former employees
#Employment

In the case of Taiwo v Olaigbe and others it was held that a claimant could pursue a claim of post-employment victimisation under the Equality Act 2010. It was noted that section 108 of the Equality Act 2010, which renders post-employment discrimination and harassment unlawful, expressly did not apply to acts of victimisation. However, this appeared to be a drafting error. Applying a purposive ap...

Oct
03
2012

Students do "all nighter" at police stations in immigration log jam
#Immigration

Some overseas students have been queuing all night in order to comply with a requirement on their student visa to register with the police with 7 days. Failure to do so is a breach of their immigration conditions and could result in their removal from the UK. Due to the large number of students commencing studies at this time of the year, the police are struggling to cope with the demand....

Oct
03
2012

Post termination restrictions void because they were out of date
#Employment

A recent case, Patsystems Holdings Ltd v Neilly, has highlighted some of the important factors courts will use to determine the enforceability of restricted covenants in employment contracts.   Often when employees gain promotion their employment contracts will remain on the original terms, which might be out of date. In this case a junior employee was given inappropriate restrictions in his c...

Oct
01
2012

Honourable Intentions
#Construction

Construction projects are technical in nature and are often hugely complex. The contract needs to reflect this complexity and will involve some negotiation even where a standard form contract is to be used....

Oct
01
2012

Pensions auto-enrolment comes into force for largest employers
#Employment

New laws have come into force today, 1 October 2012, that require UK employers to automatically enrol eligible workers into a pension scheme and make mandatory minimum contributions on their behalf. The reforms are being implemented gradually, with only large employers that employ 120,000 or more staff having to comply from today, and those employing 50,000-119,999 staff having to comply by 1 Nov...

Sep
27
2012

Continuity of employment: mind the gap
#Employment

Where an employee is absent from work from one employer due to a temporary cessation of work and then starts work with an associated employer, is the employee continuously employed for purposes of bringing an unfair dismissal claim? The facts   In Holt v EB Security Ltd UKEAT/0558/11/CEA, Holt ("the Claimant") was employed at a pub from July 2007 until it closed and his employm...

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