Publication: Clarkslegal

First reported 16 hours ago - Updated 16 hours ago - 1 reports

EAT guidance on amount of compensation in unfair dismissal cases

The EAT has provided some guidance on making “Polkey” deductions. This is the deduction in compensation a tribunal will make in an unfair dismissal claim if it finds that the employee would have been dismissed in any event even if a fair procedure been ... [Published Clarkslegal - 16 hours ago]
Entities: Dismissal, Adoption, Risk
First reported 16 hours ago - Updated 16 hours ago - 1 reports

Genuine pre-estimate loss or penalty? Have the rules changed?

The parties to any contract can deal with the effects of breach of contract claim in a number of ways.  For example, the contract may leave the issue of the determination of damages for breach of contract to the court.  Alternatively, parties may choose ... [Published Clarkslegal - 16 hours ago]
First reported Oct 10 2014 - Updated Oct 10 2014 - 2 reports

Conservatives employment law reforms

Further InformationThis fact sheet is not intended to be a full summary of the law and advice should be sought on individual situations.Clarkslegal LLP is a limited liability partnership registered in England and Wales. Registered number: OC308349. Registered ... [Published Clarkslegal - Oct 10 2014]
First reported Oct 10 2014 - Updated Oct 10 2014 - 1 reports

Employee could not bring ET claim after his move to Dubai

The Court of Appeal has restored an employment judge`s decision that the tribunal did not have jurisdiction to hear claims for unfair dismissal and breach of the right to be accompanied at a disciplinary hearing where the claims were brought by an employee ... [Published Clarkslegal - Oct 10 2014]
First reported Oct 10 2014 - Updated Oct 10 2014 - 1 reports

BIM: is it ready yet?

Employers are increasingly asking for “BIM” to be included in the services provided by consultants and contractors, but very few of them know what they are asking for and very few consultants and contractors can actually provide it! The problem arises ... [Published Clarkslegal - Oct 10 2014]
First reported Oct 10 2014 - Updated Oct 10 2014 - 1 reports

An update on the application of competition law to restrictions on use in retail leases

The recent case of Martin Retail Group Limited v Crawley Borough Council has indicated how the requirements of competition law may be applied by courts to retail leases which include provisions that restrict the use of a property.Since 6 April 2011, land ... [Published Clarkslegal - Oct 10 2014]
First reported Oct 10 2014 - Updated Oct 10 2014 - 1 reports

Popping-up Everywhere

The pop-up revolution has been with us for some time now. It was not long before the need for landlords to fill their less popular retail space and new operators wanting more flexible letting arrangements led to a wave of these new age occupiers.Whether ... [Published Clarkslegal - Oct 10 2014]
First reported Oct 10 2014 - Updated Oct 10 2014 - 1 reports

New guidance on Shared Parental Leave and Pay

BIS has published an Employers` Technical Guide to Shared Parental Leave and Pay The technical guide summarises the operation of the shared parental leave and pay scheme, considers a number of frequently asked questions and sets out worked examples. ... [Published Clarkslegal - Oct 10 2014]
First reported Oct 10 2014 - Updated Oct 10 2014 - 1 reports

Vince Cable vows to get to grips with the difference between employees and workers

Business Secretary Vince Cable has launched this week an ambitious sounding wide-ranging employment review to help clarify and potentially strengthen the employment status of up to a million British workers.This follows the recent review and upcoming ... [Published Clarkslegal - Oct 10 2014]
First reported Oct 06 2014 - Updated Oct 06 2014 - 1 reports

Software: goods or services?

A significant feature of the Commercial Agents (Council Directive) Regulations 1993 (the “Regulations”) is that they only apply to agents who sell “goods”.  Agents who sell services are excluded and do not enjoy any protection.As a result, there has since ... [Published Clarkslegal - Oct 06 2014]
First reported Sep 25 2014 - Updated Sep 25 2014 - 1 reports

Employees offered as much holiday as they want: Virgin copies Netflix

The BBC reports today that Sir Richard Branson, is offering his personal staff at Virgin as much holiday as they want, whenever they want.Not all Virgin staff are being offered this benefit, we hasten to add. It is thought to apply to 170 of his personal ... [Published Clarkslegal - Sep 25 2014]
First reported Sep 25 2014 - Updated Sep 25 2014 - 1 reports

Other changes from 1 October 2014: reservists protection against unfair dismissal, minimum wage increase to £6.50

Reservists better protected against unfair dismissalWith effect from 1 October 2014, where an employee is dismissed exclusively (or mainly) because he or she is a member of reserve force, the normal two-year service requirement for bringing an unfair ... [Published Clarkslegal - Sep 25 2014]

Quotes

"We should focus on what people get done, not on how many hours or days worked. Just as we don`t have a nine-to-five policy, we don`t need a vacation policy" he wrote

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"Extreme tactics" in industrial disputes - repo... [Published Clarkslegal - 16 hours ago]
Civil servants to get enhanced shared parental ... [Published Clarkslegal - 16 hours ago]
Extension of parental leave for parents of chil... [Published Clarkslegal - 16 hours ago]
No discrimination in dismissing disabled employ... [Published Clarkslegal - 16 hours ago]
Genuine pre-estimate loss or penalty? Have the ... [Published Clarkslegal - 16 hours ago]
ICO updates code of practice for CCTV and surve... [Published Clarkslegal - 16 hours ago]
New ACAS guidance on shared parental leave [Published Clarkslegal - 16 hours ago]
EAT guidance on amount of compensation in unfai... [Published Clarkslegal - 16 hours ago]
Popping-up Everywhere [Published Clarkslegal - Oct 10 2014]
An update on the application of competition law... [Published Clarkslegal - Oct 10 2014]
New guidance on Shared Parental Leave and Pay [Published Clarkslegal - Oct 10 2014]
BIM: is it ready yet? [Published Clarkslegal - Oct 10 2014]
Vince Cable vows to get to grips with the diffe... [Published Clarkslegal - Oct 10 2014]
Employee could not bring ET claim after his mov... [Published Clarkslegal - Oct 10 2014]
Conservatives employment law reforms [Published Clarkslegal - Oct 10 2014]
TUPE and Right to Work Checks [Published Clarkslegal - Oct 10 2014]
Software: goods or services? [Published Clarkslegal - Oct 06 2014]
Employees offered as much holiday as they want:... [Published Clarkslegal - Sep 25 2014]
Compulsory pay audits from 1 October 2014 [Published Clarkslegal - Sep 25 2014]
Other changes from 1 October 2014: reservists p... [Published Clarkslegal - Sep 25 2014]
Will Scottish employment law change whatever th... [Published Clarkslegal - Sep 18 2014]
Payments to small and medium sized employers fo... [Published Clarkslegal - Sep 18 2014]
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