Publication: Clarkslegal

First reported Sep 18 2014 - Updated Sep 18 2014 - 1 reports

Will Scottish employment law change whatever the outcome today?

It has been interesting that the trade unions have generally maintained neutrality in the independence debate, leaving the issue to their members individually, although the RMT notably has supported independence.However, as Scots voters go the polls today, ... [Published Clarkslegal - Sep 18 2014]
First reported Sep 18 2014 - Updated Sep 18 2014 - 1 reports

Payments to small and medium sized employers for military reservists

which will help employers employing military reservists. At the moment, when called up, military reservists are paid directly by the Ministry of Defence. Employers can claim expenses in respect of additional costs incurred whilst replacing the reservist ... [Published Clarkslegal - Sep 18 2014]
First reported Sep 05 2014 - Updated Sep 05 2014 - 1 reports

Is shared parental pay another pay time bomb?

The Shared Parental Leave Regulations 2014 come into force on 1 December 2014 and apply in respect of babies expected to be born on or after 5 April 2015. A key issue for employers to consider, particularly those who pay more than the statutory minimum ... [Published Clarkslegal - Sep 05 2014]
First reported Sep 05 2014 - Updated Sep 05 2014 - 1 reports

Zero hours exclusivity ban and plans for codes of practice

The government has launched a consultation on its proposed exclusivity ban in zero hours contracts. It also seeks views on penalties and remedies. The results of the consultation will be used to determine the necessity for and scope of further regulations ... [Published Clarkslegal - Sep 05 2014]
First reported Sep 05 2014 - Updated Sep 05 2014 - 1 reports

Changes in the application of VAT to lease surrenders

Landlords and tenants will welcome a recent change in HMRC policy on the application of VAT to the surrenders of leases.Until recently the surrender of a lease has not qualified as a transfer of a going concern (TOGC) – a transaction that lies outside ... [Published Clarkslegal - Sep 05 2014]
First reported Sep 05 2014 - Updated Sep 05 2014 - 1 reports

Adjudication Update

Parties to a construction contract, much like any other contract, may find themselves embroiled in a dispute at some point during the life of the contract. For disputes ‘arising under’ a construction contract, adjudication is a compulsory procedure (it ... [Published Clarkslegal - Sep 05 2014]
First reported Sep 03 2014 - Updated Sep 03 2014 - 1 reports

Capital Allowances: fixtures in commercial buildings

could have serious effects for commercial property owners.BackgroundWhen a company calculates its taxable profits, it is not entitled to a deduction for depreciation.  Instead, it may claim capital allowances for capital expenditure on integral features ... [Published Clarkslegal - Sep 03 2014]
Entities: Property, Owner, Elections
First reported Sep 02 2014 - Updated Sep 02 2014 - 1 reports

Killing two birds with one answer: when jurisdiction is founded on choice of law

As the commercial world becomes increasingly international, the English Courts are called upon more and more often to rule on cases involving litigants that are not based in this country. In cases between litigants of different nationalities, the English ... [Published Clarkslegal - Sep 02 2014]
First reported Aug 29 2014 - Updated Aug 29 2014 - 1 reports

Monitoring communications - how far can an employer go?

Malky Mackay and Iain Moody are two names that have dominated sports headlines, but for all the wrong reasons. Mackay and Moody have been reported to the Football Association (‘FA’) after the sensational revelation of their text message exchanges, which ... [Published Clarkslegal - Aug 29 2014]
First reported Aug 29 2014 - Updated Aug 29 2014 - 1 reports

"Religiously orientated" swear words in Christian`s presence was not harassment

Using expletives with religious overtones can be common to hear on the street and when talking to friends or colleagues.  For example, language such as “Oh my God” and “Jesus Christ” can be used to express surprise and disgust.  In M v P Care Home Ltd ... [Published Clarkslegal - Aug 29 2014]
First reported Aug 29 2014 - Updated Aug 29 2014 - 1 reports

Making a Will - The distinction between memory and testamentary capacity

A recent case in the Court of Appeal (Simon v Byford and others [2014] EWCA Civ 280) reviewed the test of capacity for those seeking to make a Will. The Court of Appeal drew a clear distinction between capacity and memory. It held that the test for capacity ... [Published Clarkslegal - Aug 29 2014]
First reported Aug 22 2014 - Updated Aug 22 2014 - 1 reports

TUPE: where there is a change of client and "tasks of short term duration"

It is a rule that in relation to a TUPE service provision change that the client for whom the services are provided must be the same before and after the transfer. This rule derives from the Court of Appeal case of Hunter v McCarrick [2013] IRLR 26. In ... [Published Clarkslegal - Aug 22 2014]

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All (20) | News (20) | Reports (0) | Blogs (0) | Audio/Video (0) | Fact Sheets (0) | Press Releases (0)
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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]
Should we follow Germany`s example and ban emai... [Published Clarkslegal - Sep 12 2014]
Ante-natal appointments from 1 October 2014 - t... [Published Clarkslegal - Sep 12 2014]
Acas publishes new guidance on dress codes for ... [Published Clarkslegal - Sep 12 2014]
Employer failed to take reasonable care to dedu... [Published Clarkslegal - Sep 12 2014]
Adjudication Update [Published Clarkslegal - Sep 05 2014]
Changes in the application of VAT to lease surr... [Published Clarkslegal - Sep 05 2014]
Is shared parental pay another pay time bomb? [Published Clarkslegal - Sep 05 2014]
Zero hours exclusivity ban and plans for codes ... [Published Clarkslegal - Sep 05 2014]
Capital Allowances: fixtures in commercial buil... [Published Clarkslegal - Sep 03 2014]
Killing two birds with one answer: when jurisdi... [Published Clarkslegal - Sep 02 2014]
Making a Will - The distinction between memory ... [Published Clarkslegal - Aug 29 2014]
"Religiously orientated" swear words in Christi... [Published Clarkslegal - Aug 29 2014]
Monitoring communications - how far can an empl... [Published Clarkslegal - Aug 29 2014]
Illegal inducements to union members [Published Clarkslegal - Aug 22 2014]
TUPE: where there is a change of client and "ta... [Published Clarkslegal - Aug 22 2014]
Government may end £30,000 tax exemption on ter... [Published Clarkslegal - Aug 15 2014]
Shared parental leave [Published Clarkslegal - Aug 15 2014]
OTS to review rules on employment status [Published Clarkslegal - Aug 15 2014]
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