Clarkslegal LLP - Solicitors in Reading and London

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Jan
04
2016

New public procurement thresholds
#Public Procurement

New thresholds for contracts governed by the Public Contracts Regulations 2015 came into force on 1 January 2016. The Regulations only apply where the estimated value of the contract (not including VAT) exceeds the published threshold. ...

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....

Dec
03
2015

Rent Reviews- are you being treated fairly?
#Commercial Real Estate

The subject of rent review is immensely complex and many articles and books have been written solely on this topic. In this short article we are highlighting rent review points from two recent transactions where we have acted for the prospective tenants and were asked to advise whether the wording of the rent review clauses had a disadvantageous effect on the tenants in question....

Dec
03
2015

Video Highlights - The Climate Challenge Conference and Reception, Malta
#Clarkslegal

A special thank you our guest speakers Dr Michael Dixon, General Manager, Smarter Cities, IBM Corporation; Mikele Brack, Founding Partner, Urban Living Solutions; Dr Adrian Champion, a specialist in meteorology at the University of Reading; Josh Sawislak, Global Director of Resilience, AECOM; Chris Donnelly, The Institute for Statecraft; and Sunil Shastri, Lecturer & Senior Tutor in Marine Policy, University of Hull....

Dec
03
2015

Be resilient: take immediate action for the ‘world’s greatest single challenge’, Commonwealth told at international Climate Challenge Conference
#Clarkslegal

The need to be resilient and proactive in preparing for a radically changing climate is the priority for sustainable, smarter cities, according to leading experts at the dedicated Climate Change conference alongside the Commonwealth Heads of Government Meeting (CHOGM) 2015 in Malta last week. ...

Nov
27
2015

Early Conciliation not required before applying to amend an existing ET claim
#Employment

In the recent case of Science Warehouse Ltd v Mills (UKEAT/0224/15), the Employment Appeal Tribunal (EAT) held that it is not necessary for a claimant to go through the Early Conciliation process (“EC process”) again in respect of a new claim arising out of a related set of facts after the EC process has concluded and an ET1 presented to the Tribunal....

Nov
27
2015

Government's announcement on the Apprenticeship Levy
#Employment

Earlier this year the Government announced that it would be introducing an apprenticeship levy on large employers as part of its pledge to create 3 million quality apprenticeships over the next five years....

Nov
25
2015

Incorporating best practice in the procurement process
#Public Procurement

Countries within the Commonwealth are subject to a diversity of legal frameworks, rules and regulations. Certain organisations (such as central and local government) based in countries within the European Union (“EU”) are subject to stringent legislation in terms of how a public contract should be procured. For organisations based outside of the EU, the legal framework may be less specific and thought therefore needs to be given as to the process adopted for procuring a public contract....

Nov
23
2015

Ex-City Link Directors cleared of criminal offence for failing to notify BIS of large-scale redundancies
#Employment

City Link was placed into administration on 24 December 2014, resulting in the loss of over 2000 jobs. Employers planning to dismiss between 20 and 99 staff or more staff at one location must notify BIS in writing 30 days in advance. Employers planning to dismiss 100 or more staff at one location must give BIS 45 days’ written notice. Failure to notify BIS in this way is a criminal offence, for which the maximum fine is currently £5,000....

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