Clarkslegal LLP - Solicitors in Reading and London

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Aug
07
2015

Permanent employees can be redeployed to replace agency staff
#Employment

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....

Aug
07
2015

Government proposes £95,000 cap on public sector exit payments
#Employment

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....

Aug
07
2015

Less than half of employers have a whistleblowing policy
#Employment #Dispute Resolution

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....

Aug
07
2015

Clarkslegal welcomes new Managing Partner
#Clarkslegal

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....

Jul
30
2015

Consultation launched on simplifying the tax treatment of termination payments
#Employment

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....

Jul
30
2015

The importance of pay less notices
#Construction

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....

Jul
29
2015

Campaign launched to combat EHRC findings of maternity discrimination
#Employment

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....

Jul
29
2015

Health watchdog investigates NHS trust following sexual harassment case
#Employment

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....

Jul
29
2015

Tier 2 up for review - your chance to have a say
#Immigration

Tier 2 visas are the main route for skilled workers from outside the European Economic Area (EEA) to come to work in the UK....

Jul
28
2015

Landowner obligations in respect of tenant’s waste and fly-tipping
#Commercial Real Estate

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 ....

Jul
27
2015

Historic Rent Reviews: A Warning for Tenants
#Commercial Real Estate

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....

Jul
27
2015

National Living Wage: first national retailer joins campaign
#Employment

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....

Jul
27
2015

Justice Committee launches inquiry into the effects of court and tribunal fees
#Employment

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....

Jul
27
2015

Monthly cap on Tier 2 visas continues to be exceeded
#Immigration

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....

Jul
23
2015

Continued expansion of Clarkslegal’s Construction and Procurement Group
#Construction

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....

Jul
22
2015

Surely it can’t mean that?
#Dispute Resolution

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. ...

Jul
20
2015

When does an agreed liquidated damages clause go too far and become a penalty?
#Construction

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....

Jul
17
2015

Trade Union Bill: biggest changes to strike laws in 30 years
#Employment

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....

Jul
17
2015

Gender pay gap reporting: consultation underway
#Employment

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....

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