Clarkslegal LLP - Solicitors in Reading and London

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Nov
14
2014

Are your union agreements clear as to whether trade union duties count as working time?
#Employment

An employment tribunal has confirmed that time spent by trade union representatives attending union meetings was not "working time" within the meaning of the Working Time Regulations 1998. A health and safety representative and a shop steward brought claims against their employer after it refused to take into account time spent on their union activities when calculating the 11 hour rest period th...

Nov
10
2014

Empty property rates following a disclaimer
#Real Estate

The High Court has clarified the position on who is responsible for business rates following disclaimer of a lease in Schroder Exempt Property Unit Trust and another v Birmingham City Council [2014]....

Nov
10
2014

The AGA Saga continues...an update
#Real Estate

The recent case of Tindall Cobham 1 Ltd v Adda Hotels [2014] has questioned the position reached by the K/S Victoria v House of Fraser (Store Management) Ltd [2011] case. As we reported in our update "A Guarantor or not a guarantor? That is the question." the K/S Victoria case confirmed that a lease obligation requiring an existing group company guarantor to guarantee the lease obligations of an associated assignee company was void....

Nov
10
2014

Break clauses and overpaid sums
#Real Estate

The Court of Appeal has recently reversed the decision of the High Court in the controversial case of Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Limited and (2) BNP Paribas Securities Services Trust Company Limited [2013]....

Nov
10
2014

Scaffolding affecting tenant`s enjoyment
#Real Estate

In Century Projects Limited v Almacantar (Centre Point) Limited & others [2014], the claimant tenant held a 36 year lease of the top floors of Centre Point Tower at Tottenham Court Road, London which it used as a high class restaurant and private members` club. It sought an injunction to restrain the landlord from carrying out external works to the cladding of the tower which involved the erection of scaffolding around the building, including scaffolding at the level of the top floors....

Nov
10
2014

Breach of covenant preventing assignment
#Real Estate

In Singh v Dhanji [2014], a landlord refused to grant to the tenant licence to assign a 15 year lease of premises used as a dental practice unless the tenant:...

Nov
07
2014

"Non-guaranteed" overtime must be included in the calculation of holiday pay
#Employment

The Employment Appeal has given its judgment in the case of three appeals - Bear Scotland Ltd and others v Fulton and others [2014], and Hertel (UK) Ltd v Woods and others [2014] and Amec Group Ltd v Law and others [2014]. The common issue in each of these cases was the calculation of holiday pay. The cases centered round the interpretation of Article 7 of the Working Time Directive. This Article reads as follows:...

Nov
07
2014

Download Buddy`s Ebola guidance notes for free
#Employment

Employmentbuddy has just published two new free documents: Ebola - guidance for employers Ebola - information and guidance for employees We have made these documents accessible to all members. Please sign in to download your free copies. If you require further assistance please contact a member of the Employmentbuddy team....

Nov
06
2014

Conditionality in Agreements for Lease
#Real Estate

It is not always possible or desirable for an agreement for lease to be unconditional. Often, there is a need for an agreement for lease where the ultimate grant of the lease is conditional upon certain conditions being satisfied. This can lead to disputes, where it becomes in the interest of either party to try to wriggle out of its obligation to take the lease....

Nov
06
2014

Are pub closures signalling last orders for the UK pub sector?
#Real Estate

Public Houses have been closing at an increasing level in recent years. In August this year the Campaign for Real Ale (Camra) reported that pubs were closing at a rate of 31 a week with fewer than 55,000 British pubs in operation....

Nov
06
2014

Managing Partner David Rintoul attends TAGLaw`s International Conference in Hong Kong
#Clarkslegal

Clarkslegal`s international legal alliance, TAGLaw, recently held its 31st international conference from October 20th through 22nd in Hong Kong, attended by our Managing Partner, David Rintoul. Also in attendance at the conference were members of TAGLaw`s affiliate alliances, TIAG® (The International Accounting Group) and TAG-SP™. All three alliances are collectively known as the TAG Alliances™....

Nov
04
2014

Holiday pay: overtime must be included says EAT
#Employment

Today the Employment Appeal Tribunal released its judgment in the three conjoined holiday pay cases. The Bear Scotland case (road construction and maintenance in Scotland) related to non payment of overtime and other payments associated with work in calculating holiday pay. The Hertel and Amec cases (construction) related to non payment of overtime an calculation of payment in lieu of notice on...

Oct
31
2014

Redundant permanent employees can be redeployed in preference to long serving agency workers
#Employment

An agency worker, who worked for the Ministry of Defence for 8years, has failed in his attempt to claim that his employer had failed to comply with the obligation under the Agency Workers Regulations 2010 whichprovides, "An agency worker has during an assignment the right to beinformed by the hirer of any relevant vacant posts with the hirer, to give thatagency worker the same opportunity as a com...

Oct
31
2014

Self employed beauty consultant not protected under Equality Act 2010
#Employment

The Court of Appeal has upheld the finding that a beauty consultant was not in "employment" under section 83 of the Equality Act 2010 as she did not have a contract of employment or a "contract personally to do work". She provided her services through a limited company to a business which supplied staff to a third party (a cosmetics company) to work in an airport duty-free outlet. The Equality...

Oct
27
2014

Station retail remains on track
#Real Estate

As many of us will experience every day the UK`s train stations are getting busier. With more people using the often creaking infrastructure every year the result is that there is a consistent annual increase in footfall at all of the major train stations in the UK. According to Network Rail more than a staggering one billion people, on average, pass through one of their 19 managed stations every year....

Oct
24
2014

ICO updates code of practice for CCTV and surveillance cameras
#Employment

The Information Commissioner`s Office (ICO) has published an updated code of practice for CCTV and other types of surveillance cameras. It provides best practice advice, for those involved in operating CCTV and surveillance cameras that view or record individuals` information, on how to comply with the Data Protection Act 1998. The code now provides specific guidance on particularly intrusive te...

Oct
24
2014

Genuine pre-estimate loss or penalty? Have the rules changed?
#Corporate

The parties to any contract can deal with the effects of breach of contract claim in a number of ways. For example, the contract may leave the issue of the determination of damages for breach of contract to the court. Alternatively, parties may choose to clarify, restrict or fix losses. They are common in construction and engineering contracts to cover the issue of delays. This avoids the need for complicated and lengthy court proceedings and allows the damages to be paid and contact to continue. Payment may be by deduction from the contract sum....

Oct
24
2014

The Only Way Is… Calculation of Loss of Profits
#Dispute Resolution

The case of Sugar Hut Group v AJ Insurance put an interesting slant on the question of how loss of profits should be calculated. A nightclub in Essex was damaged by a serious fire. Its owner (Sugar Hut) failed in its claim under its insurance policy because its insurance brokers (AJ Insurance) had negligently failed...

Oct
24
2014

No discrimination in dismissing disabled employee on final written warning for absence
#Employment

The EAT has found that there was no disability discrimination based on a failure to make reasonable adjustments and that it was fair to dismiss a disabled employee who had received a final written warning for repeated absences and where the absence was unlikely to improve. In General Dynamics Information Technology Ltd v Carranza UKEAT/0107/14, the employee had received a final written warning fo...

Oct
24
2014

Civil servants to get enhanced shared parental pay equal to maternity pay.
#Employment

The Deputy Prime Minister Nick Clegg has announced plans to equalise parental leave and pay arrangements for members of the civil service. Female civil servants can currently take maternity leave at full pay, but partners would not receive full pay if they choose to take time off as shared parental leave with their partner. From April 2015, civil servants taking shared parental leave will be enti...

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