Clarkslegal LLP - Solicitors in Reading and London

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Dec
04
2014

New smartphone for Christmas? How will you use it at work?
#Employment

It is quite possible that many of your employees will receive new smartphones, tablets and laptops as Christmas gifts. It seems timely, therefore, to take a moment to consider what issues might arise from allowing employees to use such gadgets in the workplace....

Dec
03
2014

The Bribery Act: Three Years On
#Public Sector

The Bribery Act 2010 (the Act) came into force on 1 July 2011 amid much fanfare. The question has arisen on a number of occasions since then whether or not the various offences within the Act are being enforced. The matter was addressed in November of this year, in a speech by Stuart Alford QC, the Joint Head of Fraud at the SFO. Mr Alford noted that the offences under the Act are taken seriously and referred to prosecution currently ongoing in Southwark Crown Court, with charges under the Act included as part of a much larger fraud prosecution....

Dec
01
2014

Restaurants battle it out
#Real Estate

The restaurant sector has always been fast moving and competitive. Buoyed by current eating trends and increased consumer spending the newer restaurant brands are expanding their mini empires whilst the larger operators are protecting their market share with modern renovations and a determined push to grow still further....

Nov
28
2014

Final shared parental leave and pay regulations published and in force from 1 December 2014
#Employment

The Shared Parental Leave Regulations 2014 (SI 2014/3050) and the Statutory Shared Parental Pay (General) Regulations 2014 (SI 2014/3051) have been made final this week. They both come into force on Monday 1 December 2014 in respect of children whose expected week of childbirth or placement for adoption is after 5 April 2015 There appear to be no significant changes from the draft regulations....

Nov
28
2014

Shared parental leave policy on employmentbuddy
#Employment

This is now available to download here. As the regulations are notoriously complicated (and only just made final this week), plus  this is all very new territory for employers to get their heads around, we may revise the policy before 5 April 2015. Keep an eye out, we will update you....

Nov
21
2014

Enforced subject access requests will be a criminal offence from 1 December
#Employment

With effect from 1 December 2014, section 56 of the Data Protection Act 1998 (DPA) will come into force, making it a criminal offence to request an enforced subject access request. Enforced subject access occurs where one person is compelled, for example by an employer or prospective employer, to make a subject access request under the DPA and then provide the response. Employers cannot apply f...

Nov
21
2014

Redundant employees on maternity leave - when does the special protection against dismissal arise?
#Employment

When it becomes apparent during maternity leave that the employee`s role is redundant, at what point does the obligation offer suitable alternative employment arise under regulation 10 of the Maternity and Parental Leave Regulations 1999? Could it be when the restructuring is complete, which could be when the employee is returning from maternity leave or even after her return, which could then re...

Nov
17
2014

Clarkslegal advises BNP Paribas owned LaSer Loyalty SAS on sale of software company to MasterCard
#Corporate

Clarkslegal`s corporate team, led by Partner Ashan Arif, successfully advised BNP Paribas owned LaSer Loyalty SAS on its multi-million Euro sale of 5one Marketing Limited, a consultancy providing services, analysis and software to retailers, to MasterCard. The deal includes the sale of 5one`s US and South African subsidiaries....

Nov
14
2014

Employment tribunal was biased because it relied on online research
#Employment

We are perhaps all guilty of doing some quick research online to make our presentations look more credible However, when can an employment tribunal do some research before making a decision? The answer is no, not if the parties do not agree to it. The EAT has ruled that a tribunal committed a procedural error in searching on the internet for evidence that supported a claimant`s case that she was...

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

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

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

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™....

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