Clarkslegal LLP - Solicitors in Reading and London

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Dec
06
2013

Ill health dismissals guidance
#Employment

In a dismissal for capability following sickness absence, the Court of Session has stated in BS v Dundee City Council that the fairness and reasonableness of the employer`s decision, depends upon consideration of three issues:  1.     Whether the employer could be expected to wait any longer for the employee to return from their absence - including considering the costs of continued employment (...

Dec
06
2013

A minister can be an employee or a worker
#Employment

In May this year we blogged on the case of Methodist Conference v Preston in which the Supreme Court held that it should not be presumed that there is no intention to create legal relations when appointing a minister purely because the role being carried out was a spiritual one.  In the more recent case of Sharpe v Worcester Diocesan Board of Finance Ltd and another, the EAT had to consider whet...

Dec
06
2013

Key changes to TUPE due in force in January 2014
#Employment

Changes to TUPE are due to come into force in January 2014, driven by complaints from parts of the business sector that the UK`s TUPE regulations went further than the requirements placed on member states by the Acquired Rights Directive for the safeguarding of employee rights in the event of a business transfer or service provision change....

Nov
29
2013

New right to shared parental leave confirmed from April 2015
#Employment

The government has confirmed this week its commitment to introducing a year of shared leave for new parents from April 2015. Deputy Prime Minister Nick Clegg said the rights would allow men to become more hands-on fathers and stop women feeling they have to choose between a career or a baby. There should not be a "one-size-fits-all" approach, he added. Since April 2011, fathers and mothers hav...

Nov
28
2013

Boiling over?: TUPE decision
#Employment

When a client contracted to build boilers at a power station changed sub-contractors, the employees of the previous sub-contractor (A) claimed that they had transferred to the new sub-contractor (B).   The Employment Tribunal which first considered this decided that there had been a TUPE service provision change.  This was on this basis that the work of B would not be of a short-term duration....

Nov
26
2013

Public procurement: lifting the automatic suspension
#Public Procurement

Prior to the introduction of the Remedies Directive, an unsuccessful contractor who decided to bring proceedings against a contracting authority could not prevent the authority from entering into the contract with the winning bidder unless he also applied for an injunction. If he did not obtain an injunction, his only remedy was damages...

Nov
22
2013

The perils of Christmas parties
#Employment

A decision of the employment tribunal this week is a timely reminder about employee`s behaviour at Christmas parties.   Last Christmas, Virgin Media organised a festive party at which Tracy Cordiner, their employee, attended.  She had too much to drink (which she later admitted) and allegedly made inappropriate and racist comments about her colleagues as well as allegedly sexually harassing...

Nov
22
2013

Union "leverage tactics" sparks QC inquiry into industrial relations
#Employment

The government has launched an inquiry into trade union tactics following the dispute at the Grangemouth petrochemical plant, which almost led to its closure. The review, headed by Bruce Carr QC, will examine whether the law needs to be tightened up to prevent "intimidation" and "harassment".   However, the inquiry will make recommendations about the roles of ministers, employers and workers in...

Nov
22
2013

Government Immigration Fees consultation - seeking justification for increases yet again?
#Immigration

The Government is currently consulting upon the current charging structure for immigration fees and visas required by individuals who want to visit, live and work in the UK. The consultation which is open until 3 December 2013, seeks views upon how the Government can ensure that those individuals who benefit directly from the immigration system and border control contribute appropriately to its r...

Nov
20
2013

Immigration fees
#Immigration

You may deal with immigration issues in your business. The Government has announced that a consultation process will be undertaken about immigration fees and charges. The consultation started on 12 November and will last for 3 weeks. The government has announced a consultation looking at charging principles which begins on 12 November and will last for 3 weeks, its purpose is to ensure that thos...

Nov
19
2013

A Contract Made in Two Jurisdictions?
#Dispute Resolution

In many disputes between parties based in different jurisdictions, one of the key battles will be over the place in which a dispute should be heard. This tactical battle will involve pragmatic considerations, such as convenience, cost and the presence of assets in a particular jurisdiction against which any subsequent judgment can be enforced. There may also be concerns about whether both parties will receive a fair hearing...

Nov
18
2013

The CEIP launched in Sri Lanka to enable Enterprise and Entrepreneurship for the Environment
#Clarkslegal

Michael Sippitt, Chairman of the Commonwealth Environmental Investment Platform (CEIP), explained the opportunities the CEIP creates, at the launch of the Sri Lanka hub held at Colombo Courtyard, on Thursday 14th November, 2013:...

Nov
15
2013

Prison officers disciplined for wearing "We have Madeleine McCann" t-shirts
#Employment

It has been reported that five prison officers from Wandsworth Prison in South London have been disciplined by their employer for wearing t-shirts with the words "We have Madeleine McCann" printed on them whilst on a boys` night out. The Prison Service was alerted to photographs of the officers on Facebook some two months after the photographs originally appeared on the site.   One of the offic...

Nov
15
2013

Ex-Channel 4 presenter loses age discrimination claim
#Employment

John McCririck was a horse racing broadcaster for Channel 4 for 28 years.  In 2012 he was let go aged 72. McCririck claimed this was because Channel 4, and the TV production company IMG Media Limited, were ageist and wanted to hire younger faces.   McCririck has always been known for his flamboyant dress sense.  But over more recent years he has also been known for his chauvinistic outbursts on...

Nov
14
2013

Sleeping on the job - and National Minimum Wage
#Employment

The Employment Appeal Tribunal  in Whittlestone -v- BJP Home Support Ltd has recently considered whether time spent sleeping on a job and travelling for work should be paid at the National MinimumWage. Mrs Whittlestone was a care worker.  For part of her role, she worked a shift from 11pm to 7am which was termed a ‘sleepover` to provide potential physical care for three young adults suffering fr...

Nov
14
2013

Does your retention of title clause stop you getting paid?
#Dispute Resolution

Most companies in the business of selling physical goods of any sort will include a retention of title clause in their terms of business. The purpose of such a clause is to prevent title in the goods passing to the buyer unless and until payment has been received, and to enable the seller to recover the goods if payment is not made...

Nov
12
2013

Termination Fallout - The Obligation to Provide Documents After Termination
#Construction

This matter came before the Technology and Construction Court to, amongst wider issues, interpret the obligations of a contractor to provide the employer with ancillary documentation in the form of sub-contractor collateral warranties, a parent company guarantee and a performance bond following the termination of an NEC3 contract for the development of retail space...

Nov
08
2013

European plans to improve rights for non-EU seasonal workers
#Immigration

The EU Commission estimates that over 100,000 third-country seasonal workers come to the EU every year. A new Directive aims to end exploitation as well as ensuring that temporary stays do not become permanent. If approved at a plenary vote which is due to take place in January 2014, member states will have two and a half years to bring it into effect. It is proposed that any application to ente...

Nov
08
2013

Draft TUPE regulations published
#Employment

The government has published the draft Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2013. The draft regulations reflect the government`s response to the consultation on proposed changes to TUPE, which was published in September 2013. The draft regulations will be laid before Parliament in December and are expected to come into force in Ja...

Nov
08
2013

City banker discriminated against by "bunga-bunga bank"
#Employment

The Times reports today on the case of a female equity salesperson who has won her employment tribunal case where she claimed that she had her £95,000 salary cut to the £6.08 per hour minimum wage  "because she was a woman". There was a sexist culture where male bankers referred to their firm as "Bunga-Bunga Securities". After succeeding in her sex discrimination claim, she is seeking substantial...

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