Clarkslegal LLP - Solicitors in Reading and London

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Jan
15
2016

Zero hours contracts: further protections now in force
#Employment

This week, regulations 2015 came into effect making any dismissal of an employee on a zero hours contract automatically unfair, if the principal reason for the dismissal is that the employee breached a contractual provision seeking to prohibit him/her from working for another employer. Such provisions are now unlawful. No qualifying period is required to bring such an unfair dismissal claim....

Jan
15
2016

Are personal emails at work private?
#Employment

The European Court of Human Rights’ Judgment in a Romanian employment dispute has been widely reported in the national press as giving the green light to employers to monitor employees’ personal emails and electronic messages on work systems....

Jan
12
2016

More onerous duties imposed on employers who sponsor employees on Tier 2 visas
#Immigration

UK Visas and Immigration (UKVI) have recently made changes to the Tier 2 and 5 sponsor guidance published on its website. UKVI already imposes onerous obligations on employers who sponsor employees who are from outside of the European Economic Area (EEA) on Tier 2 visas. ...

Jan
11
2016

Getting the Skeletons out of the Closet: Disclosure Letters on Sales of Businesses and Companies
#Corporate

The general position for someone buying a business or a company is summed up by that dusty but succinct old phrase, “Caveat Emptor”, which the stern Victorian novelist, Trollope, once described as “the worst proverb that ever came from the dishonest stony-hearted Rome” (he had probably just bought something that didn’t work and found himself without effective comeback, as there was a distinct lack of consumer protection law in the 19th century). There is, essentially, no obligation on the seller to tell the buyer anything, and the buyer thus needs to “beware”....

Jan
08
2016

Instruction not to speak Russian was not race discrimination
#Employment

In Kelly v Covance Laboratories Ltd the Employment Appeals Tribunal held that an employer’s instruction to an employee not to speak Russian (her native language) at work was not direct race discrimination or race harassment. ...

Jan
08
2016

Discretionary bonus not in breach of contract
#Employment

In Paturel v DB Services (UK) Ltd the High Court held that an employer’s decision to award one employee a discretionary bonus and two others a larger guaranteed bonus did not breach the employee’s express contractual term to be treated consistently with peers nor did it breach any implied term to act in good faith and in a manner that was not perverse or irrational. The employee also claimed that the employer’s subsequent failure to provide accurate reasons for the sums awarded was a breach of trust and confidence. ...

Jan
08
2016

The street food revolution!
#Commercial Real Estate

New street food markets continue to open across the UK at a rapid pace with many new food trucks and vendors opening each week. How can landlords, developers and food entrepreneurs take advantage of this trend and how is the sector evolving? ...

Jan
05
2016

Public procurement: does an unsuccessful bidder have to issue proceedings within the 10 day standstill period?
#Public Procurement

Those involved in public tenders will be familiar with the requirement that a mandatory ten day “standstill period” must follow all contract awards, during which the contracting authority is not allowed to enter into a contract with the successful bidder. The purpose of the standstill period is to enable unsuccessful bidders to review and digest the award notification letter and any other debrief materials provided by the contracting authority, and determine whether they have any grounds on which to challenge the outcome of the tender....

Jan
04
2016

The future of Third Party Rights
#Construction

Third party rights are increasingly being considered in place of collateral warranties. However, the use of third party rights by Employers may reduce following the decision in Hurley Palmer Flatt Limited v Barclays Bank plc [2014]. ...

Dec
18
2015

Wanted: Christmas temp to work flexible hours - just don't say "the z word"
#Employment

There’s been plenty of bad press about zero hours contracts in recent years. In October we blogged about guidance published by BIS for employers on how zero hours contracts should be used. The guidance recommended that these contracts should make clear to the individual how work will be offered and that they are not obliged to accept work on every occasion....

Dec
18
2015

ACAS guidance on legal highs published - do you have an adequate policy in place?
#Employment

According to the conciliation service, ACAS, there has been an increase in recent years in the number of deaths in England and Wales owing to “legal highs”, legal substances such as solvents, bath salts, incense or plant food which imitate the effects of illegal drugs when consumed....

Dec
11
2015

Santa Claus gets paid twice as much as Mrs Claus in equal pay row
#Employment

Celtic Manor Resort in South Wales has inadvertently become the focus of media attention following its decision to recruit a Mr and Mrs Claus for its “Christmas Kingdom” attraction. The job advertisements stated that Father Christmas would be paid £12 per hour whilst Mrs Claus will receive the national minimum wage of £6.70 per hour, nearly half the rate paid to Father Christmas....

Dec
11
2015

Lock holiday pay appeal heard this week
#Employment

This is an update to our detailed report on holiday pay in July- Where are we on holiday pay?...

Dec
10
2015

Public procurement: can bidders who refuse to pay minimum wage be excluded?
#Public Procurement #Dispute Resolution #Outsourcing & Supply Chain

In the recent case of RegioPost GmbH v Stadt Landau in der Pfalz, the European Court of Justice has decided that excluding a bidder from a tender who had failed to complete a declaration confirming that it would pay minimum wage to its workers did not constitute a breach of European public procurement law. ...

Dec
10
2015

Clarkslegal acts for Eden Motor Group on its latest acquisitions  
#Clarkslegal #Corporate

Clarkslegal’s corporate team, led by Ashan Arif, recently advised Eden Automotive Investments Limited on its acquisition of Peugeot dealership....

Dec
08
2015

Further changes planned for rules on late payment of debts and challenging “grossly unfair” payment terms
#Corporate

The negative impact that late payment of debts has on small and medium sized businesses is well documented. In 2014, the Federation of Small Businesses carried out a survey that revealed that at least 51% of its members had suffered from late payments in the previous 12 months. ...

Dec
07
2015

Applications for Payment – The New Rules
#Construction

A new level of importance has been placed on applications for payment in the construction industry. As a result, contractors must up their administrative game....

Dec
04
2015

Can you recover rent after exercising a break clause?
#Dispute Resolution #Real Estate

As any commercial landlord or tenant knows, rent is usually payable quarterly in advance. However what happens if you have paid rent for a full quarter but you are able to end your lease by serving a break notice that takes effect during the course of that quarter. Are you entitled to the return of rent relating to the period after the end of the lease?...

Dec
04
2015

New guidance on disability
#Employment

ACAS has released updated guidance on managing disability in the workplace 'Disability discrimination: key points for the workplace’. ACAS say that last year they had nearly 12,000 calls to the their helpline related to disability issues and received almost 3,000 disability discrimination employment tribunal cases....

Dec
04
2015

TUPE: guidance on tasks of short-term duration
#Employment

If a client decides to outsource certain services for the first time, reassign those services to another contractor or bring those services back “in-house,” there may be a service provision change under TUPE. If however the activities performed relate to a one off event or task of short-term duration, TUPE will not apply....

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