Clarkslegal LLP - Solicitors in Reading and London

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Mar
28
2013

Obese employee was disabled under discrimination law
#Employment

In Walker v Sita Information Networking Computing Ltd UKEAT/0097/12 is was held that an obese claimant was disabled under the Disability Discrimination Act 1995. However they also suffered from a number of physical and mental conditions....

Mar
28
2013

Football club "transfer " was an unfair dismissal.
#Employment

Kavanagh and others v Crystal Palace FC (2000) Ltd and others was recently heard in the Employment Appeal Tribunal (EAT).  The football club went into administration in January 2010 and G, the administrator, sought to sell the club as a going concern.  A couple of months later a consortium was set up and given preferred bidder status....

Mar
27
2013

UKBA to be abolished
#Employment

Following last year`s split which saw the UK Border Force (responsible for daily operations) stop being part of the UK Border Agency, the Home Secretary has now announced that the Agency is to be abolished altogether....

Mar
27
2013

Levelling the Playing Field
#Dispute Resolution

There is no getting round the fact that litigation can be expensive and sometimes disproportionately so. This is a problem with which the Courts have been grappling for many years, particularly since the introduction of the Civil Procedure Rules in 1999...

Mar
27
2013

Termination of Commercial Agency Contracts reconsidered
#Dispute Resolution

In a recent decision of the Court of Appeal, the question of when a principal can terminate a commercial agency contract on the grounds of an agent`s misconduct has been considered...

Mar
21
2013

Commonwealth Environmental Investment Platform London Launch
#Clarkslegal

The CEIP was launched at a VIP reception at the Royal Commonwealth Society, on Thursday 14th March, 2013....

Mar
20
2013

Key Employment Law Changes
#Employment

The new employment tribunal rules, originally expected to come into force in April 2013, will now come into force in summer 2013. These rules and other expected employment law changes are summarised in the table below. Employment Law change Date expected to come into force The current regulations for National Minimum Wage will be consolidated. April 2013...

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...

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