Clarkslegal LLP - Solicitors in Reading and London

Legal Updates

Search Legal Updates

Jul
05
2012

Reduced amount of work, same number of employees is still a redundancy, Court says
#Employment

Under S139 (1) (b) (i) of the Employment Rights Act 1996 an employee is dismissed by reason of redundancy if their dismissal was wholly or mainly because their employer`s requirements for employees doing work of a particular kind has ceased, diminished or is expected to do so.   The leading case of Safeway Stores Plc v Burrell [1997] IRLR 200 EAT confirmed that "it is necessary to look at the ov...

Jul
03
2012

Annual Employment Tribunal Statistics Announced
#Employment

The 2011/2012 employment tribunal statistics have been published. The key findings are below:  Employment Tribunals (ET) received an overall total of 186,300 claims during 2011-12, a 15% fall compared to last year. When compared with the 2010-11 data, there were falls both in single and multiple claims of 2% and 19% respectively. The number of jurisdictional complaintswas 321,800 in 2011-12,...

Jul
02
2012

Building Information Modelling
#Construction

The Government Construction Strategy requires that a Level 2 Building information modelling (BIM) (with all project and asset information, documentation and data being electronic) is in place and in use on construction and infrastructure projects by 2016 at the latest....

Jun
29
2012

Reform of the Criminal Records Bureau as it merges with the Independent Safeguarding Authority
#Employment

Changes are soon to be made to the present system of criminal records checks, including the merger of the Criminal Records Bureau and the Independent Safeguarding Authority to form the "Disclosure and Barring Service". The changes, made under the Protection of Freedoms Act 2012, were first set in motion two years ago when the government put an immediate halt to the requirement for individuals working with children or vulnerable adults to register with the Independent Safeguarding Authority, insisting that the Vetting and Barring Scheme ( the "VBS") needed to be scaled back to "common-sense levels"....

Jun
29
2012

Beware your Facebook "friends". They can get you sacked.
#Employment

In Crisp v Apple (UK), Mr Crisp had been employed by Apple (UK) and he was dismissed for gross misconduct having been found to have written a number of derogatory comments on a "private" Facebook page, outside working hours. One of his Facebook "friends" saw the comments, printed them off and obligingly passed them to the store manager....

Jun
28
2012

Collective Redundancies: Consultation on changes to the rules
#Employment

The Government has launched a consultation to consider changes to the rules on collective redundancies....

Jun
27
2012

Two New Immigration Resources on Buddy
#Employment

Two new Immigration Resources are now available on Buddy: Right to work checking process - this is a helpful flowchart setting out when an employer should carry out checks in relation to prospective and current employees. Right to work checks - who is an employee? - Trying to establish who is an employee for the purposes of the preventing illegal working regulations is a common query. This reso...

Jun
25
2012

Visa to London Games for Syria`s Olympic Chief is denied
#Employment

With the worsening situation in Syria, it was not unexpected that the BBC reported at the end of last week that the head of the Syrian Olympic Committee - General Mowaffak Joumaa - has been banned from attending the London Games. However the controversy of the decision lies in the fact that the International Olympic Committee`s stance has been one of avoiding political interference - and it is th...

Jun
21
2012

Unemployment rates and immigration
#Employment

Earlier this year, the Independent reported that immigration does not cause unemployment. Research from the National Institute of Economic and Social Research found that the opposite may be true and that increased immigration could reduce unemployment rates. Unemployment has risen sharply since early 2008, according to figures from the Office for National Statistics which show that there are now...

Jun
21
2012

Unfair Selection for Redundancy
#Employment

In the case of Mitchells of Lancaster (Brewers) Ltd v Tattersall it was decided that the use of subjective redundancy criteria was not considered to be unacceptable. Mr Tattersall was one of the five senior managers at Lancaster (Brewers) Ltd, who was unfairly dismissed after a flawed redundancy selection process, but within a 20% Polkey deduction. The Company appealed on several grounds, but th...

Jun
19
2012

Globetrotters - senior personnel to spearhead development in new markets
#Immigration

As more businesses look to transact business abroad and enter lucrative new markets, inevitably senior personnel with knowledge and understanding of those markets will be recruited from overseas to work in the UK to spearhead development....

Jun
15
2012

A genuinely sick doctor
#Employment

Dr Norman Milligan (a consultant neurologist with 37 years experience), was forced to retire at the age of 59 in 2010, from his role at Poole NHS Foundation Trust.  He had been diagnosed with post-traumatic stress disorder.  This had developed as he had unfortunately watched a relative die in intensive care in March of the same year and consequently started to suffer from anxiety, night-terrors a...

Jun
14
2012

Government publishes Low Pay Commission remit for National Minimum Wage
#Employment

The Government has written to the Low Pay Commission (LPC) today setting out its remit for its 2013 Report....

Jun
14
2012

Liquidator`s Liability
#Dispute Resolution

In the recent decision in Wright Hassall LLP v Morris (2012), the Court was asked to determine whether an administrator was personally liable for an award of damages and costs entered against two companies in administration....

Jun
13
2012

Defending the right not to mediate
#Dispute Resolution

There are many different ways that a dispute can be resolved other than through the Courts. Since the Civil Procedure Rules were implemented in 1999, there has been a strong emphasis on encouraging parties to try to settle their differences out of Court wherever possible. In particular, the Courts have encouraged parties to resolve their disputes through mediation....

Jun
13
2012

Are you happy in your work?
#Employment

Latest survey shows that we are not as happy as we were....

Jun
12
2012

Government announces the proposed introduction of settlement agreements for dismissal
#Employment

Late yesterday evening at the second reading of the Enterprise and Regulatory Reform Bill, the Government announced plans to introduce "settlement agreements" for all employers. The aim is to make it easier for small employers to offer employees a financial incentive to leave voluntarily before a formal dispute arises....

Jun
11
2012

Review of Apprenticeships
#Employment

A review of apprenticeships in England has been launched by the Government. The review is to be led by Doug Richard (entrepreneur and campaigner for start up and small businesses) and will look at what makes a high-quality apprenticeship....

Jun
11
2012

Illegal working fines of £2.9 million issued in three months
#Immigration

In a three month period between 1st July 2011 to 30th September 2011, the UK Border Agency (UKBA) issued civil penalties to employers amounting to £2,934,500. The total amount of fines may reduce if employers bring successful appeals or challenges to the fines imposed....

Jun
11
2012

It's good to talk
#Employment

ACAS has published new guidance covering Challenging conversations and how to manage them....

Page 79 of 114