Clarkslegal LLP - Solicitors in Reading and London

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May
09
2012

UKBA Airport Delays
#Immigration

The UKBA is facing fresh challenges to its handling of queues at Heathrow airport after it took up to three hours for travellers to clear passport control this weekend....

May
09
2012

Queen`s Speech 2012
#Employment

Pensions, parental leave and tribunal reform featured in the Queen`s Speech today:  She announced the Government will move forward on the reform of state and public sector pensions, which will take a step forward to a more generous state pension and won`t penalise people for saving Proposals are to be made to allow both parents to share parenting responsibilities by making parental leave more...

May
04
2012

Employee accused of lying about miscarriage and pregnancy not unlawfully harassed (EAT)
#Employment

In the case of Warby v Wunda Group plc, Mrs Warby worked as a sales consultant for Wunda Group plc.  A dispute arose between Mrs Warby and her manager, Mr Pugh.  There was conflict as to what had been agreed to be her basic salary.  Each party accused each other of lying.  Mrs Warby stated that her wages had been changed because she was pregnant. Mr Pugh denied this, and then was prompted to ask...

May
03
2012

Court of Appeal Overturns Noise Ruling
#Dispute Resolution

In the recent case of Coventry (T/A RDC Promotions) & Others -v- Lawrence & Others [2012] EWCA Civ 26, the Court of Appeal has overturned a High Court decision made in favour of a couple who complained about noise from a nearby speedway stadium and motocross track....

May
01
2012

Litigants in person - how much should a Tribunal help them?
#Employment

Often both parties are legally represented in EmploymentTribunal claims however Claimants may represent themselves. The Tribunal will assistClaimants where necessary in the course of the proceedings but how far shouldthat assistance go?   This Court of Appeal had to consider this issue in the caseof John Guest Engineering and Vaio.  Mr Viao successfully won a claim ofunfair dismissal and race d...

May
01
2012

An extra bank holiday this June?
#Employment

It`s been well publicised that the Late May bank holiday has been moved to the 4th June and that the 5th June has been declared an extra bank holiday to create a 4 day weekend commemorating the Queen`s Diamond Jubilee....

May
01
2012

Sunday Trading (London Olympic Games and Paralympic Games) Bill Receives Royal Assent
#Employment

Following our previous blog covering the Bill`s Second Reading in House of Lords last week, the Sunday Trading (London Olympic Games and Paralympic Games) Bill received Royal Assent today. The Bill suspends Sunday Trading Laws in England and Wales from the opening of the London 2012 Olympic Games on 22 July to the end of the Paralympics on 9 September 2012, so that shops with floor space in exce...

Apr
27
2012

World Day for Safety and Health at Work 2012
#Employment

The International Labour Organisation (ILO)`s World Day for Safety and Health at Work takes place on 28th April 2012....

Apr
27
2012

Second Reading in House of Lords for Sunday Trading (London Olympic Games and Paralympic Games)
#Employment

Following our previous blog Draft Bill which suspends Sunday Trading Laws during Olympics and Paralympics, the Sunday Trading (London Olympic Games and Paralympic Games) Bill received its second reading in the House of Lords this week....

Apr
26
2012

Guidance from the Court of Appeal - disciplinary procedures, suspension for misconduct and police involvement
#Employment

The Court of Appeal (‘CA`) has recently provided useful guidance in the case of Crawford and another v Suffolk Mental Health Partnership NHS Trust [2012], as to the procedural standards an employer is expected to meet when a disciplinary procedure could have serious career long implications for an employee. The CA took the opportunity to offer guidance as to the appropriateness of suspension duri...

Apr
26
2012

Age Discrimination
#Employment

In the case of Homer v Chief Constable of West Yorkshire Police both the EAT and the Court of Appeal rejected the claim of indirect age discrimination....

Apr
26
2012

BIS publishes Trade Union Membership statistics
#Employment

The Department for Business Innovation and Skils (BIS) has published its Trade Union Membership 2011 report statistics, based upon data supplied by the Labour Force Survey....

Apr
24
2012

Can employment transfer from one company to another without the employee`s consent?
#Employment

We all know that where TUPE applies, employment contracts automatically transfer from one employer to another, subject to the employee`s right to object.  However, where TUPE is not relevant, old common law principles apply:  the employment of an employee cannot be transferred from one employer to another without the employee`s consent....

Apr
20
2012

Supreme Court to have final say in Birmingham equal pay case
#Employment

A recent development in Birmingham City Council v Abdulla (2011) has seen leave granted to Birmingham City Council to challenge the Supreme Court later this year, to decide whether claims can be brought in the civil courts where they will be in time, rather than restrict them to the ET where they will be out of time....

Apr
20
2012

ACAS guidance promoting positive mental health at work
#Employment

ACAS, in collaboration with the NHS` Mindful Employer initiative, has published a training package and guidance for employers aimed at promoting postive mental health in the workplace....

Apr
19
2012

Self-employed drivers subject to 48 hour week
#Employment

To accord with the EC Road Transport Directive, self-employed drivers will be become subject to the 48 hour average working week and the other provisions of the Road Transport (Working Time) Regulations 2005 from 11 May 2012....

Apr
17
2012

Recent employment law changes do not apply in Northern Ireland
#Employment

Following our recent blog highlighting the Employment law changes coming into effect in April 2012, employers should be aware that both the increase to the qualifying period for unfair dismissal from one to two years for new joiners and the changes to employment tribunal practice and procedure apply to England, Wales and Scotland and do not have effect in Northern Ireland....

Apr
16
2012

Respondent successful in cost application and EAT agrees
#Employment

In most cases in the Tribunal costs orders are the exception rather than the rule, unlike other areas of litigation where the general rule is that costs follow the event and the unsuccessful litigant normally has to foot the legal bill for the litigation....

Apr
16
2012

Australian Code rules for small employers?
#Employment

Some key changes to the law on unfair dismissal and tribunal procedure came into effect on 6 April 2012 for all employers in England, Scotland and Wales, in particular the increase in the qualifying period of employment from one to two years in order to bring a claim of unfair dismissal....

Apr
12
2012

Tier 2 Immigration Changes
#Employment

The Government announced last week further changes to the Immigration Rules in response to the MAC recommendations made in their report on the ‘Limit on Tier 2 (General) for 2012/13 and Associated Policies` published in February 2012.   Please see below for a summary of the three changes to the Tier 2 route.   1)     Restricted COS Annual limit   The annual limit of 20,700 Tier 2 (General)...

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