Clarkslegal LLP - Solicitors in Reading and London

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Jan
05
2012

Are employees working unpaid overtime costing others their jobs?
#Employment

Potentially yes, if the Trade Union Congress (TUC) latest figures are correct....

Jan
03
2012

Happy New Year - or not, as unemployment levels are predicted to rise...
#Employment

Those thinking that 2012 will bring them increased fortune in the search for a job face disappointment if latest forecast from the Chartered Institute of Personnel and Development (CIPD) proves to be correct....

Dec
22
2011

Tribunal finds Reverend is not "employed by God"
#Employment

As reported in our previous blog, Reverend Sharpe, a former Minister had filed a claim in the Employment Tribunal of unfair dismissal against the Diocese of Worcester. Lawyers for the Diocese of Worcester argued that ecclesiastical laws hold that Church of England clergy are not employees but office holders ‘employed by God’. They therefore contended that Reverend Sharpe was no...

Dec
21
2011

Compensation limits increase
#Employment

It`s that time of year when the compensation limits that can be awarded by Tribunals for claims such as unfair dismissal and statutory redundancy payments are published....

Dec
21
2011

A not so merry Christmas for temporary workers?
#Employment

According to an article in the Telegraph today, a growing number of employers are dismissing temporary workers this week to escape the effects of the Agency Worker Regulations, which came into effect on 1 October 2011. The Regulations state that temporary workers must be given the same salary and benefits as permanent staff after they have worked for the company for 12 weeks. This means that tem...

Dec
19
2011

Doctor awarded £4.5 million pounds
#Employment

A doctor has been awarded £4.5 million pounds following her successful claims for unfair dismissal, sex and race discrimination in one of the largest ever discrimination payouts....

Dec
16
2011

Consultation on introducing fees in employment tribunals and the EAT published
#Employment

The Government is currently consulting on its proposals to introduce a fee structure in the employment tribunals and EAT....

Dec
15
2011

Government Announces New Equality Advisory and Support Service
#Employment

The Government has announced plans to establiah a new Equality Advisory and Support Service...

Dec
14
2011

No damages for manner of dismissal
#Employment

The Supreme Court has held that where an employee is dismissed in breach of contractual disciplinary procedures, they cannot claim damages for breach of contract for the manner of their dismissal....

Dec
13
2011

Claimant had no right to see redundancy interview notes
#Employment

A recent EAT decision highlights that a flaw in one stage of the redundancy process will not render a dismissal unfair...

Dec
13
2011

New Family Friendly and Sick Pay Rates Announced
#Employment

The following increases have been announced by Steve Webb, the Minister for the Department for Work and Pensions Statutory Maternity Pay, Statutory Paternity Pay, Statutory Adoption Pay and Maternity Allowance will increase from £128.73 to £135.45 (or 90% of normal weekly earnings if lower) Statutory Sick Pay will increase from £81.60 to £85.85  The new...

Dec
12
2011

Live-in housekeepers & the NMW
#Employment

The National Minimum Wage (NMW) does not apply to those who live in their employer`s family home, are treated as a member of the family and are not charged for food or accommodation....

Dec
09
2011

Consultation on Modern Workplaces: Government delays response
#Employment

The Department for Business, Innovation and Skills has recently announced that the publication of the government`s response to the Consultation on Modern Workplaces will be delayed.  The have stated that "due to ongoing discussions within Government, there will be a delay in publishing the Government`s response to the Modern Workplaces Consultation.  The Government response will be...

Dec
08
2011

Adjudicator`s entitlement to payment of their fees
#Construction

In the recent case of PC Harrington Contractors Limited v Tyroddy Construction Limited, the Technology and Construction Court (Mr Justice Akenhead) had to decide whether an Adjudicator`s decision was in breach of the rules of natural justice in failing to consider the defence to the claim for payment of retention or did the defence amount to a new dispute outside of the dispute referred....

Dec
08
2011

Ghost of Christmas Future
#Employment

With the Christmas season now upon us, what gifts can employers expect to receive from the Government in 2012 and beyond?...

Dec
06
2011

Marital Discrimination
#Employment

The EAT held in Dunn v Insititute of Cemetry and Crematorium Management that where an employer treats a married person less favourably because of whom they are married to, this can amount to unlawful discrimination....

Dec
05
2011

Injury to feelings and aggravated damages
#Employment

In cases involving whistleblowing and discrimination claims, a tribunal may make awards for injury to feelings and aggravated damages to the successful claimant.  Aggravated damages are damages which are awarded in the most serious of cases where the behaviour of a respondent has aggravated the claimant`s injury. Case law suggests that aggravated damages can be awarded where the respondent h...

Dec
02
2011

Auto-enrolment delay for small businesses
#Employment

The Department of Work and Pensions (DWP) has confirmed that staging dates for small businesses (with fewer than 50 employees) will be delayed by at least a year....

Dec
02
2011

Sickness absence dismissals
#Employment

The EAT in Dundee City Council v Sharp UKEATS/0009/11 has held that an employee`s length of service is not relevant to the reasonableness of an employer`s investigation in determining whether an employee should be dismissed for capability....

Nov
30
2011

Landmark equal pay win
#Employment

174 female ex-employees of Birmingham City Council have won a landmark Court of Appeal case, which ruled that their claims for equal pay could proceed in the High Court, despite being time barred in the Employment Tribunal....

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