Clarkslegal LLP - Solicitors in Reading and London

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Feb
16
2012

Employee who had 1 in 4 days off sick wins unfair dismissal claim
#Employment

Train driver Darrin Thomas took 134 days of sick in less than two years because he suffered from Asthma....

Feb
16
2012

Top reasons for dismissal in 2011
#Employment

According to a survey completed by computer security firm Falcongaze, the top 5 reasons for the dismissal of office workers in 2011 were: The inappropriate use of working time and internet usage (26%) Making negative remarks about their employer or its management team on the internet (19%) Breach of company policies and procedures (16%) The employee searching for a new role (15%) Irrespons...

Feb
15
2012

Paid maternity leave for surrogate mothers
#Employment

The Newcastle employment tribunal is to make a reference to the ECJ concerning whether, under EU law, a woman who becomes a mother by way of a surrogacy arrangement should be entitled to paid maternity leave to bond with her baby, establish breastfeeding and maintain and develop her family life....

Feb
14
2012

Employer not liable for act of victimisation after employment had been terminated
#Employment

The employment tribunal in the case Jessemey v Rowstock Ltd and another has held that an employer cannot be liable for acts of victimisation after the employee`s employment has been terminated....

Feb
13
2012

Draft order increasing the qualifying period for unfair dismissal to 2 years
#Employment

Following our previous blog announcing proposals to increase the qualifying period for unfair dismissal from 1 year to 2 years, the draft Unfair Dismissal and Statement of Reasons for Dismissal (Variation of Qualifying Period) Order 2012 has now been published....

Feb
13
2012

Christian Hotel Owners lose appeal against discrimination ruling
#Employment

Last week the Court of Appeal confirmed that Christian hotel owners Peter and Hazelmary Bull discriminated against civil partners Steven Preddy and Martyn Hall by refusing to allow them to share a double bed in 2008....

Feb
10
2012

Maximum Employment Tribunal deposit to increase from £500 to £1000
#Employment

If an employment judge considers that all or part of a claim (or response) has little reasonable prospect of success, the judge can order the party in question, under the Employment Tribunal Rules, to pay a deposit of up to £500 as a condition of being permitted to take further part in the proceedings....

Feb
09
2012

Timing is everything
#Public Sector

As with all aspects of life, time passes all too quickly. The world of procurement is awash with timeframes that bidders and contracting authorities have to be aware of. The implications of missing deadlines in a procurement process are considered below from both the perspective of the bidder and the contracting authority. We also provide practical advice on how an organisation can sidestep the issues that can arise when insufficient attention is paid to deadlines....

Feb
09
2012

CIPD publishes Apprenticeships that work: a guide for employers
#Employment

The CIPD has published Apprenticeships that work: a guide for employers as a one-stop-shop for employers looking to offer apprenticeships....

Feb
08
2012

Construction Adjudications - meaning of a "dispute" and absence of effective notice of withholding
#Construction

Jurisdictional challenges are the order of the day in adjudications. These jurisdictional questions can be a hard fought issues running parallel with the Adjudicator`s main purpose of deciding whether a contractor should be paid the sums claimed, in what is after all a fast track summary process that is aimed at addressing the contractor`s problems of cash flow when an employer refuses to pay them....

Feb
07
2012

Dilapidations Protocol Becomes Law
#Dispute Resolution

For some years` the "Pre-action Protocol for claims for damages in relation to the physical state of commercial property at termination of a tenancy" - better known as "the Dilapidations Protocol" has been followed imperfectly (if at all) by landlords, tenants, surveyors and solicitors....

Feb
07
2012

Apprenticeships Week 2012
#Employment

The Prime Minister, David Cameron, has announced a new round of Government funding to support thousands of apprenticeships and help deliver the world class skills firms need to drive growth...

Feb
06
2012

England coach Fabio Capello may have breached his contract by expressing his views on John Terry being demoted as captain.
#Employment

Reports on the BBC Website today say that Fabio Capello may be in breach of his contract having expressed to Italian TV Channel RAI that he found the FA`s decision to force Terry to step down as Captain unfair....

Feb
06
2012

Employee or Independent Contractor?
#Employment

Employment contracts often label the employment status of a worker as either "employee" or "independent contractor".  The main difference between the two being that employees have greater protection under employment laws and the employer is responsible for deducting PAYE and class 1 national insurance contributions....

Feb
06
2012

All change for the Intestacy Rules?
#Real Estate

When a person dies "intestate", that is without leaving a valid Will disposing of the whole of his or her property, the distribution of any money and other assets among surviving family members is governed by a set of legal rules known as the intestacy rules. These rules date back to 1925 and have not been comprehensively reviewed for over 20 years. At the end of last year however the Law Commission published its review of the rules (Law Com No 331) and draft legislation (the draft Inheritance and Trustees` Powers Bill and the draft Inheritance (Cohabitants) Bill) proposing a number of amendments including giving rights in intestacy to cohabiters equal to those of spouses and civil partners. But what do the proposed changes mean for you?...

Feb
06
2012

Economic Outlook Survey
#Clarkslegal

We recently hosted "Going for Gold: The Economic Outlook for 2012", alongside Forbury Investment Network, Kingston Smith and Natwest Group in London....

Feb
03
2012

A Guarantor or not a Guarantor? That is the question.
#Real Estate

The vexed question as to the extent of a guarantor`s continued liability for a tenant proposing to assign its lease finally came before the Court of Appeal in K/S Victoria Street v House of Fraser (Stores Management) Ltd & others....

Feb
02
2012

West end stars of Legally Blonde row over right to return from maternity leave
#Employment

It is a subject which has caused much debate over the past few days, and has led to a number of "twitter wars" breaking out....

Feb
01
2012

Can a fixed share equity partner be an employee?
#Employment

In Tiffin v Lester Aldridge LLP Mr Tiffin was a fixed-share partner in Lester Aldridge LLP. When Mr Tiffin was dismissed in February 2009, Mr Tiffin brought claims in the Employment Tribunal ("ET") and in doing so sought to establish that he was an employee....

Feb
01
2012

Collective Redundancy: Definition of Establishment
#Employment

Former employees of Woolworths have successfully brought an action for its failure to inform and consult, in connection with a collective redundancy procedure....

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