Clarkslegal LLP - Solicitors in Reading and London

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Mar
20
2013

Outcome of judicial review on transposition of the EU Waste Framework Directive into the laws of England and Wales
#Public Sector

On 6 March 2013, Mr Justice Hickinbottom gave judgment in the application for judicial review by a number of Claimants into whether or not the Government has correctly transposed the EC Waste Framework Directive (2008/98/EC) into domestic law...

Mar
15
2013

Can covert recordings be used in tribunal hearings?
#Employment

The Employment Appeal Tribunal has recently criticised a Tribunal`s reasoning in outrightly refusing to allow a Claimant to rely upon covert recordings that she had made (Vaughan -v- London Borough of Lewisham and others UKEAT/0534/12/SM)....

Mar
15
2013

Can a giving a bad reference lead to a victimisation claim?
#Employment

The EAT has held that the Equality Act 2010 does not provide protection against victimisation which occurs after the employment relationship has ended. Therefore an employee could not succeed with a victimisation claim based on an unfavourable reference provided by his former employer....

Mar
15
2013

Redundancy competency tests unlawful because of "blind faith" of HR
#Employment

In Mental Health Care (UK) Limited v Biluan and another UKEAT/0248/12, the EAT held that it is not. This case considered the fairness of a redundancy selection process which utilised assessment centre competency tests normally used when recruiting new employees. Facts In 2010, the management of a residential hospital decided that there was a need to close one of its wards, resulting in 19 red...

Mar
15
2013

International Commonwealth Environmental Investment Platform (CEIP) Launched
#Clarkslegal

New pan-Commonwealth network will link environmental entrepreneurs and companies with international investors...

Mar
15
2013

The Public Services (Social Value) Act 2012 - Revisited
#Public Sector

The remaining sections (sections 1 and 2) of the Public Services (Social Value) Act 2012 ("the Act") came into force on 31st January 2013. Sections 3 and 4 came into force on 8th March 2012, when the Act received Royal Assent. The Act will affect organisations subject to the Public Contracts Regulations 2006 (as amended) ("the Regulations"), and it will only apply...

Mar
14
2013

Gagging clauses for NHS staff "must come to an end"
#Employment

The health secretary, Jeremy Hunt, has said he wants to see a clampdown on "Gagging clauses" in severance agreements for NHS staff.  He would also like to introduce wording into severance agreements making it clear people could still whistle-blow....

Mar
12
2013

Court of Appeal Case Serves as Warning to Internet Service Providers
#Dispute Resolution

Blogging is a popular way for individuals to express their views and opinions freely to a wide audience on the internet. Internet service providers are generally not themselves regarded as the "publisher" of statements posted by their users, thereby avoiding any liability to pay compensation for any defamatory statements. However, the recent Court of Appeal decision in Tamiz -v- Google Inc [2013] EWCA Civ 68 casts doubt on this position....

Mar
12
2013

Inheritance Tax Nil Rate Band to be frozen until 2019
#Real Estate

The government has announced that the inheritance tax nil rate band will remain frozen at £325,000 until at least April 2019...

Mar
12
2013

Clarkslegal Celebrates International Women`s Day
#Clarkslegal

Every year, all over the globe on March 8th, International Women`s Day is celebrated. Countless events take place, not just on this day but throughout the month to mark the economic, political and social achievements of women....

Mar
12
2013

Law Commission opens consultation on rights to light
#Real Estate

On the 18th February 2013 the Law Commission opened a consultation considering the current law relating to ‘rights to light`. The aim of the consultation was to strike a balance between the rights of landowners and the rights of those wishing to develop neighbouring land....

Mar
11
2013

Break clauses - case law update
#Real Estate

Compliance with conditions in break clauses continues to be a difficult area which provides much work for litigators and in which there are frequent new Court decisions....

Mar
08
2013

Response to ICO draft code of practice to handling Data Protection information requests
#Employment

Clarkslegal has submitted a response to the Information Commissioner`s consultation regarding subject access requests under the Data Protection Act 1998.  The consultation, which closed on 21st February 2013, sought views upon whether the Information Commissioner`s new draft code of conduct provided the correct level of guidance and practical examples to assist organisations to deal with access r...

Mar
08
2013

Clarkslegal gets involved in CIH events across the UK
#Clarkslegal

This week Clarkslegal took part in the Brighton Housing Conference and Exhibition alongside various organisations across the South East...

Mar
08
2013

Clarkslegal advises on the multi-million pound sale of Cezanne Software and set up of new Cezanne HR business focused on SMEs
#Corporate

Clarkslegal has advised the former shareholders of Cezanne Software Group on a major group restructure and subsequent multi-million pound sale of its HR and talent management software systems dedicated to medium and large organisations to a French buyer, with a significant payment made in cash on completion and further payments to be made over the next couple of years....

Mar
08
2013

Police Officer ‘bullied` out of his job wins his employment tribunal
#Employment

PC Mike Baillon claimed he was forced out of his job after he was filmed smashing a disabled pensioner`s car window with his truncheon, after he was seen driving along country roads without a seatbelt. Mr Baillion stated that his colleagues made fun of him and defaced his locker at work. The video of the footage was uploaded onto YouTube and viewed more than 30 million times. An internal invest...

Mar
07
2013

Clarkslegal and Kier Construction host BIM seminar with leading panel of experts
#Construction

There was talk of a new revolution at Clarkslegal and Kier Construction`s recent seminar, where a panel of top industry experts gave delegates a detailed insight into the impact that Building Information Modelling (BIM) is expected to have across the construction and housing sectors from here on....

Mar
06
2013

Can collective agreements justify a difference in pay between men and women?
#Employment

In the Irish case of Kenny v Minister for Justice, female civil servants carrying out clerical duties for the national police claimed that they were paid less than male employees carrying out the same work. These male employees were assigned to specific clerical posts reserved for members of the police, called ‘designated` posts, in an effort to reduce police numbers. The employees brought an eq...

Mar
05
2013

ACAS consultation on draft code of practice for flexible working requests
#Employment

In its response to its Consultation on Modern Workplaces the government has proposed extending the right to request flexible working to all employees with at least 26 weeks` continuous employment. The government has also proposed replacing the statutory procedure for considering requests with a new duty on employers to act reasonably within a reasonable period.  In response to these proposals, A...

Mar
04
2013

Joint working and voting arrangements in Local Government
#Public Sector

Many of our Local Authority clients participate in joint working arrangements with other Local Authorities, in an effort to, for example, create economies of scale, share costs or streamline services. We have been scrutinising the arrangements which govern these joint working relationships for our clients, considering in particular the decision making arrangements used by Local Authorities working together. The structure of these arrangements may not be quite as straightforward as it used to be following a 2010 Court of Appeal ruling....

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