The EAT has upheld a tribunal's decision that the scope of regulation 13, Agency Workers Regulations 2010 is limited to providing agency workers with a right to be informed of vacancies within the end user company. It rejected the claim that agency workers were entitled to be afforded equal status with comparable permanent employees in being considered for a vacancy....
The government has issued a consultation document on proposals to introduce a cap of £95,000 on the total value of exit payments made to public sector employees. Any waiver of the cap would require consent from the relevant Minister, or from the full council in the case of local government exit payments. The consultation closes on 27 August 2015....
The whistleblowing charity, Public Concern at Work, has published this week some YouGov survey results showing that, surprisingly, only 48 per cent of workers in a representative sample said their workplace had a whistleblowing policy. This was despite the fact that 81 percent of workers surveyed said they would raise a concern about possible corruption, danger or serious malpractice at work. In the last two years, 11 per cent of workers said they had such concerns. Of those, 59 percent had raised them with their employer....
This week has seen the welcome appointment of Monica Atwal, former Deputy Managing Partner and key Partner in the Employment and Immigration team, as Clarkslegal’s new Managing Partner for the firm....
What is click wrapping?...
A consultation is underway (closing on 16 October 2015) on simplifying the tax treatment of termination payments. The proposals are a significant move away from the current regime....
In late 2014 two TCC decisions (Harding v Paice and ISG v Seevic) considered the effect of failures to serve payment and pay less notices in response to applications for payment....
The Equality and Human Rights Commission (EHRC) has launched the #worksforme campaign, which aims to support employees and employers with pregnancy and maternity issues in the workplace....
A tribunal has ruled that an NHS chief unfairly dismissed an employee after she refused his advances. The claimant managed the HR department at Derbyshire Healthcare NHS Foundation Trust, and had a strong working relationship with the defendant, regularly meeting up with him to discuss work over lunch....
Tier 2 visas are the main route for skilled workers from outside the European Economic Area (EEA) to come to work in the UK....
Figures suggest that fly-tipping – the illegal deposit of waste – is on the up after years of decline, with a 20% increase in fly-tipping since 2012/13. A costly concern for landowners, it is estimated that fly-tipping on private land costs of as much between £50m and £150 million to clear up each year. This note, gives a brief overview of some of the issues to aware of ....
We have recently been asked whether a landlord is able to operate historic rent reviews. The lease in question was a lease granted in 1999 for a term of 15 years, expiring at the end of December 2013 and within the protection of the renewal provisions of the Landlord and Tenant Act 1954. The tenant is still in occupation, holding over under the 1954 Act....
Ikea is leading the way in the campaign for a National Living Wage, becoming the first large national retailer to announce plans to comply with the new rates....
The Justice Committee, consisting of 11 cross party MPs is conducting an inquiry into the impact of tribunal fees introduced for claims submitted on or after 29 July 2013....
Last month we blogged about news that the cap on the number of Tier 2 visas for skilled migrant workers was reached for the first time....
Clarkslegal’s Construction team is pleased to confirm the recent recruitment of Victoria Kempthorne, a newly qualified solicitor, and Stanley Kamalu, a paralegal/trainee, to their ever-expanding team of construction, engineering and energy professionals....
Two recent cases, one in Supreme Court and the other in the High Court give an interesting illustration of the approach taken to interpret a contract. Although in each case the court applied the same legal test, it reached the opposite result. ...
Liquidated damages clauses are commonly used in construction contracts as a solution to deal with specified breaches. However, the courts have refused to enforce liquidated damages which are deemed to be a penalty....
This week the Government announced the new Trade Union Bill 2015, which will be highly controversial, including the biggest changes to industrial action law since the 1980s....
This week’s other big news on the employment front has been the Government’s launch of a consultation on legislation on gender pay gap reporting. This will close on 6 September 2015....