Clarkslegal LLP - Solicitors in Reading and London

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Apr
04
2014

Holiday pay survey: 80% of employers taking part may be underpaying holiday pay
#Employment

In our recent employmentbuddy survey, we asked employers how they calculate holiday pay. First, we asked whether when paying their staff, they pay additional sums to basic pay, in particular overtime, commission and other payments and enhancements such as shift allowance. Then we asked whether those sums are included in the calculation of holiday pay. It has long been understood that where emplo...

Apr
04
2014

Increased penalty for employing illegal workers
#Immigration

Last year we reported that the government planned to introduce tougher civil penalties for employers who employ illegal workers by increasing the maximum penalty.  Since then a draft order has been presented to parliament which will increase the maximum penalty from £10,000 to £20,000 per illegal worker (The Immigration (Employment of Adults Subject to Immigration Control) (Maximum Penalty) (Amen...

Apr
04
2014

Clarkslegal secures first UK acquisition for global industrial supplier to the LP Gas industry, Kosan Crisplant
#Corporate

Clarkslegal has successfully advised the world-leading manufacturer of products and systems for LP gas cylinder filling, Kosan Crisplant A/S, on its purchase of Swansea based LP gas engineering company, RMS Gas Engineering Limited....

Apr
03
2014

Reforms to Judicial Review Procedures
#Public Sector

On 6th September 2013 the Ministry of Justice (MOJ) published a consultation paper on reforming judicial review. The MOJ had a number of specific concerns about the use of the judicial review process including its use as a campaigning tactic and the delays and costs involved in the process...

Apr
03
2014

Buddy Quiz March - how did you do?
#Employment

Thank you to everyone who completed the last Buddy Quiz, posted throughout March. We have posted the answers to the questions below so you can check how you did! 1. The rules that apply to ACAS early conciliation procedures will come into force on 6 April 2014. However, when will early conciliation become mandatory? 6 April 2014 6 May 2014 6 June 2014 2. Under the new TUPE changes, where...

Apr
02
2014

Developing Mobile Apps - Legal Essentials
#Commercial

As is well known, there has been an explosion in recent years in the number of mobile apps being created and distributed worldwide: it is estimated that at the end of 2013 there were two million or so apps available. The explosion of mobile devices is also greatly affecting the way in which we use the internet and by 2016 it is reckoned that there will be more access to the internet by mobile devices than by laptop or desktop computers...

Mar
31
2014

Directors` Liability for Costs of Litigation When the Company is the Defendant
#Dispute Resolution

The recent case of Axel Threlfall -v- ECD Insight Limited and Another has opened the door to claims that directors may be responsible for paying Costs Orders of litigation that would more commonly be met by the company. The facts in the case are quite unusual and are therefore worth reciting...

Mar
31
2014

Commercial Rent Arrears Recovery for Leases (CRAR)
#Commercial Real Estate

Commercial Rent Arrears Recovery (CRAR) is a method of enforcement to recover rent arrears relating to commercial property, which comes into force on 6 April 2014. From that date, it may only be used for commercial property and the common law right of distress is abolished. Prior to 6 April 2014 the remedy of distress is the correct procedure to use....

Mar
28
2014

High Court or County Court?
#Dispute Resolution

For many years the rules governing civil claims have provided that money claims (except personal injury claims) can be started in either the High Court or the County Court, but that claims could be issued in the High Court only if they are greater than £25,000...

Mar
28
2014

Small employers hit hardest by abolition of the recovery of statutory sick pay from 6 April 2014
#Employment

Since 1995, employers have been able to reclaim statutory sick pay (SSP) from HMRC, provided  he total SSP paid in a month exceeds 13% of their Class 1 National Insurance Contributions for that month. The government has now pushed through Parliament a draft order to abolish the recovery of SSP. This measure, announced in January 2013, is expected to take effect on 6 April 2014. According to the...

Mar
28
2014

Do you have clear redundancy terms? Employer had hidden liability for enhanced redundancy pay
#Employment

When does the enhancement of statutory redundancy pay become a custom and practice conferring a contractual right on employees to enhanced redundancy pay? An example of a consistent practice of an employer calculating redundancy payments without the statutory caps is found in the recent case of Peacock Stores v Peregrine, where the employer was found to be bound by an implied contractual right....

Mar
25
2014

Procurement changes on the horizon - Part 2
#Public Sector

Following on from our previous article "Procurement changes on the horizon - Part 1" this article sets out the current status of the revised EU procurement directives, and discusses some of the proposed amendments to the existing procurement regime....

Mar
21
2014

Government clamp down on false self employment
#Employment

The Chancellor announced in his budget yesterday that the Government will be clamping down on the use of intermediary companies being used to disguise employment as self-employment. The biggest sector affected will be construction. However, it seems that HMRC is also concerned about other sectors such as driving, catering and security in using intermediary companies as a payroll mechanism design...

Mar
21
2014

Budget confirms major changes to childcare voucher scheme
#Employment

It was confirmed in the Chancellor`s budget yesterday that there will be new arrangements for working parents to provide tax benefits to help towards the costs of childcare. The new online scheme will come into effect from September 2015. It will apply to care for children up to the age of five at first, before extending to children up to the age of 12. Parents will buy vouchers from the govern...

Mar
20
2014

Procurement Update: New EU Procurement Directives
#Public Sector

The Cabinet Office has published an update confirming that the 2014 EU procurement directives (which were approved by the EU Council on 11 February 2014) will be published in the Official Journal on 28 March 2014 and will come into force on 17 April 2014. Member states will then have two years to transpose the Directives into national legislation....

Mar
18
2014

Not discrimination where the reason for mistreatment was immigration status
#Immigration

The Claimants in the cases of Owu v Akwiwu; Taiwo v Olaigbe were both Nigerian nationals who came to the UK after being granted visas to work as migrant domestic workers for two separate families. Both were subsequently badly treated and exploited by their employers, through long working hours, underpayment, restrictive living conditions and physical and verbal abuse. The Claimant`s were success...

Mar
14
2014

Business and consumer confidence on the up - but businesses need to invest to sustain the economic recovery
#Corporate

Addressing an exclusive audience of Thames Valley senior executives, the CBI`s Director of Economics Stephen Gifford announced last week that the UK economy is gathering momentum and is currently enjoying record levels of business optimism. However, he cautioned that to sustain this recovery, it is imperative that businesses increase investment....

Mar
14
2014

Covert recording of manager`s "private" comments admissible in ET
#Employment

It`s easier than ever before for employees secretly to record disciplinary, appeal and grievance meetings, using their mobile phones. But are these secret recordings admissible as evidence before an employment tribunal? According to the EAT in Chairman and Governors of Amwell View School v Dogherty, that depends on whether the recording is of the ‘open` part of the hearing (i.e. the part during...

Mar
14
2014

National Minimum Wage Regulations Published
#Employment

In January we reported that the Government had published draft regulations increasing the financial penalty for employers who fail to pay their workers national minimum wage.  The final regulations - The National Minimum Wage (Variation of Financial Penalty) Regulations 2014 - have now been published and came into force on 7th March 2014.  These regulations increase the financial penalty from 50%...

Mar
13
2014

BIM is here to stay
#Construction

Building Information Modelling is its official label; but BIM is essentially about effective sharing and management of information for the collective benefit of all involved on a construction project....

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