On behalf of Clarkslegal and our associated companies Forbury Environmental and Forbury People, we would like to invite you to our forthcoming charity drinks event, to be held on Thursday 26th April, from 7.00pm...
The key Employment related points from George Osborne`s 2012 Budget are:...
In Hawkins v Atex Group, the EAT ruled that it is not unlawful discrimination on the grounds of marital status if a spouse is dismissed due to being married to a particular person. However, the dismissal would be unlawful if the ground for the less favourable treatment was specifically due to the marriage, as opposed to a close relationship which takes the form of marriage. Mrs Hawkins was empl...
When someone is an innocent victim in a motor accident, they are generally entitled to a replacement vehicle whilst their damaged vehicle is being repaired and to recover the costs from the other driver`s insurer. To avoid the upfront hire charges, some people choose to hire the replacement vehicle on credit terms from a credit hire company and leave it to them to recover the hire costs from the other driver`s insurer through the Court if necessary....
The Government has announced the 2012/13 National Minimum Wage (NMW) rates, which will come into effect on 1 October 2012: The adult rate will increase by 11p to £6.19 an hour The rate for 18-20 year olds will remain at £4.98 an hour The rate for 16-17 year olds will remain at £3.68 an hour The rate for apprentices will increase by 5p to £2.65 an hour and The accommodation offset wil...
The government has today announced proposals to examine workplace dismissal procedure for small businesses with a publication of a Call for Evidence. The government are seeking views from employers, employees and interested parties on two measures....
Tribunals in England and Wales now have a policy of listing standard unfair dismissal claims for a one day hearing within 16 weeks of issue by the Employment Tribunal....
On 10 January 2012, the Secretary of State for Transport announced the government`s long awaited decision on its proposals for High Speed 2 "HS2"....
The recent ECJ decision of Martial Huet v Universite de Bretagne Occidentale has held that where a fixed term contract is converted into a permanent contract the terms and conditions do not need to be identical....
In the recent case of Abellio London v CentreWest London Buses, the Employment Appeal Tribunal (EAT) held that a relocation of 6 miles as a result of TUPE transfer was a substantial change in bus drivers` working conditions to their material detriment....
A debate has arisen as to under what circumstances an employment tribunal should interfere with the pool for selection chosen by an employer. The EAT confirmed the answer was "rarely" in the case of Halpin v Sandpiper Books. In this case Sandpiper Brooks employed Mr Halpin in its London office as an Administrator/Analyst. They then moved Mr Halpin to work in a sales role in China. After some...
The Court of Appeal has upheld the High Court`s decision to refuse a "barring order", which would have preventing a former employee from being involved in the commercial relationship between her new employer and her ex-employer. The Claimant was employed by CLS to manage their logistics centre. Although her contract of employment did not contain any post termination restrictive covenants prevent...
The EAT in Samsung Electronics v Monte D`Cruz has held that an employer is entitled to take into account subject criteria when an employee is being considered for suitable alternative employment in a redundancy situation. In this case, Samsung were restructuring their print division and were planning to combine four roles into one new role. Mr Monte D`Cruz was one of the employees at risk of re...
Jonathan Djanogly MP has recently responded to questions posed in the House of Commons in connection with the number of unpaid Employment Tribunal awards and ACAS settlements which have subsequently been referred to the High Court Enforcement Officers ("HCEO"). In addition, Mr Djanogly discussed the number of multiple cases accepted by Employment Tribunals between 2000-2011. He has confirmed t...
In Zarkasi v Anandita, Ms Zarkasi was an Indonesian domestic worker recruited from Indonesia to work for a family in the UK. To enter the UK she obtained an identity card, passport and visa from a passport office in Jakarta using a false identity. Ultimately she left her employer and brought a number of employment claims in the Employment Tribunal ("the ET"). It was held by the ET that she had...
The government has announced this week a number of developments to the immigration system. Please find a below a summary of their announcements. Settlement pay threshold for Tier 2 migrants The government intends to continue to provide a route to settlement (indefinite leave to remain) for Tier 2 migrant workers but only to those who meet a new minimum pay threshold. In order to apply for s...
Normally, at this time of year, employers would be busily introducing policies and procedures to meet new statutory obligations coming into force on 6th April. However, this year, it appears that the tables have turned in favour of employers....
The EAT has recently upheld an employment tribunal`s decision that a contract being outsourced from one contractor to another, does not constitute a service provision change....
Today is Rare Disease Day 2012, an annual, international event raising awareness about rare diseases and their impact on patients` lives. According to the official website "One rare disease may affect only a handful of patients in the EU (European Union), and another touch as many as 245,000. In the EU, as many as 30 million people alone may be affected by one of the 6000 to 8000 rare diseases e...
In a landmark employment tribunal claim, a black professional footballer has become the first player to sue his club for race discrimination....