Clarkslegal LLP - Solicitors in Reading and London

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Oct
04
2012

New Inheritance Tax Relief for charitable legacies in Wills
#Real Estate

From 6 April 2012, a new inheritance tax relief is available....

Oct
03
2012

Post termination restrictions void because they were out of date
#Employment

A recent case, Patsystems Holdings Ltd v Neilly, has highlighted some of the important factors courts will use to determine the enforceability of restricted covenants in employment contracts.   Often when employees gain promotion their employment contracts will remain on the original terms, which might be out of date. In this case a junior employee was given inappropriate restrictions in his c...

Oct
03
2012

Students do "all nighter" at police stations in immigration log jam
#Immigration

Some overseas students have been queuing all night in order to comply with a requirement on their student visa to register with the police with 7 days. Failure to do so is a breach of their immigration conditions and could result in their removal from the UK. Due to the large number of students commencing studies at this time of the year, the police are struggling to cope with the demand....

Oct
01
2012

Pensions auto-enrolment comes into force for largest employers
#Employment

New laws have come into force today, 1 October 2012, that require UK employers to automatically enrol eligible workers into a pension scheme and make mandatory minimum contributions on their behalf. The reforms are being implemented gradually, with only large employers that employ 120,000 or more staff having to comply from today, and those employing 50,000-119,999 staff having to comply by 1 Nov...

Oct
01
2012

Honourable Intentions
#Construction

Construction projects are technical in nature and are often hugely complex. The contract needs to reflect this complexity and will involve some negotiation even where a standard form contract is to be used....

Sep
27
2012

Continuity of employment: mind the gap
#Employment

Where an employee is absent from work from one employer due to a temporary cessation of work and then starts work with an associated employer, is the employee continuously employed for purposes of bringing an unfair dismissal claim? The facts   In Holt v EB Security Ltd UKEAT/0558/11/CEA, Holt ("the Claimant") was employed at a pub from July 2007 until it closed and his employm...

Sep
27
2012

Legal 500 results
#Clarkslegal

The Legal 500 directory has just announced their 2012 results, with outstanding listings again for Clarkslegal:...

Sep
27
2012

David Cameron struggles with Citizenship test questions
#Immigration

David Cameron appeared on the Late Show with Letterman last night to promote British business following the Olympics. The Prime Minister soon became unsettled when Letterman asked him questions from the Citizenship test that migrants to the UK are required to sit. Having answered a few questions incorrectly, the Prime Minister is quoted as saying "...You have found me out", "...That is bad" and "...

Sep
27
2012

Misconduct dismissals: getting it wrong on appeal and contributory fault
#Employment

The case of Neijjary v Aramark Ltd confirms that employers need to be careful when dismissing on misconduct grounds where a number of allegations are made, not all of which may be upheld on appeal. It also deals with the issue of contributory fault. In this case, Mr Neijjary was employed as a hospitality manager by Aramak, a hospitality services company, at a Goldman Sachs site. He was summarily...

Sep
27
2012

Compromise agreements: will they be easier or not?
#Employment

On 14 September Vince Cable announced the Ending the employment relationship consultation which covers ways to encourage the use of compromise agreements, to be renamed "settlement agreements", as a way for parties reaching mutual agreement where the employment relationship has broken down Proposals The consultation, which closes on 23 November 2012, has sought views on proposals that aim to al...

Sep
21
2012

The Government`s Response on the Effectiveness of TUPE ‘Call for Evidence`
#Employment

In November last year the Department for Business Innovation and Skills (BIS) called for evidence on the effectiveness of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).   Following this, Clarkslegal held a round table discussion with various employers affected by TUPE to gather views and evidence on the questions raised by BIS.  Based on this discussion, we sub...

Sep
21
2012

Government Consultation: `Ending the employment relationship`
#Employment

Vince Cable has announced various consultations on employment law.  These proposed changes to employment law are part of the Government`s systematic review of employment law to reduce employment red tape and give firms more flexibility and confidence in managing their workforce.   BIS reports that these proposed reforms are most likely to benefit small businesses.    The consultations announced...

Sep
20
2012

Annual Employment Tribunal Statistics 2011/2012
#Employment

Today the Ministry of Justice has published the annyal Employement Tribunal and EAT statistics up to the 31 March 2012....

Sep
14
2012

Government to set up a hardship fund for London Metropolitan University students
#Immigration

The universities minister, David Willetts, has announced at the universities conference that the Government will set up a £2m hardship fund to help "legitimate overseas students" at London Metropolitan University, following the university`s sponsorship licence being revoked last month....

Sep
14
2012

EAT upholds re-engagement order following TUPE-related unfair dismissal
#Employment

The EAT has upheld a tribunal`s finding that two employees, who were dismissed for failing to agree to new terms (including a pay cut) following a TUPE transfer, were unfairly dismissed....

Sep
13
2012

When did you last review your employee records?
#Employment

This month a Scottish Council whose former employees` pension records were found in a paper recycle bank in a supermarket car park were fined £250,000 for the data breach. More than 600 files were found at the recycle bins, containing confidential information and, in a significant number of cases, salary and bank account details....

Sep
12
2012

Health and safety: less risk for your business?
#Employment

The Government has announced a range of legislative measures aimed at boosting UK business growth.  According to BIS, from April 2013 the Government intends to introduce new rules that will exempt hundreds of thousands of businesses from regular health & safety inspections. Only businesses operating in higher risk areas will face these inspections, such as those in construction and those who hav...

Sep
11
2012

Information Commission flexes muscles over Data Protection infringements
#Dispute Resolution

Since May 2011 the Information Commissioner`s Office (the "ICO") has had the power to issue Civil Monetary Penalties ("CMPs") of up to £500,000 for serious breaches of the Data Protection Act....

Sep
11
2012

Damages to increase by 10% in Civil Claims
#Dispute Resolution

1 April 2013 is an important date for lawyers. It is when the new rules on recovery of legal costs in legal proceedings are planned to come into force....

Sep
06
2012

Agency Workers Regulations reduces use of agency workers says CBI survey
#Employment

A survey, Facing the future: CBI/Harvey Nash employment trends survey 2012, carried out by the CBI and Harvey Nash, examines the impact of the Agency Workers Regulations 2010 on businesses....

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