Clarkslegal LLP - Solicitors in Reading and London

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Jun
08
2010

Years of Unwanted Conduct
#Employment

In cases of constructive dismissal where an employer has committed a repudiatory breach of contract, an employee must not delay too long before resigning or it would be taken that the contract has been affirmed....

Jun
08
2010

Cleantech investment opportunities ideal for pensions
#Environment

The nascency of the environmental technology sector has, not surprisingly, resulted in much focus on early stage investments predominantly in the realm of angel, venture capital, and smaller private equity investments, all of whom are looking to make returns in the short to medium term. It is surprising then, that the long term nature of the climate change problem and the necessary paradigm shift in investment has not fully penetrated the world of pension fund investments. By their very nature, and similar to many climate change-related investment opportunities, pension funds must strategise for the long term....

Jun
08
2010

Mechanisms to increase environmental investment: feed in tariffs
#Environment

In April 2010, the UK government introduced a feed in tariff (FIT) to encourage microgeneration from renewable sources. This follows a long lobbying campaign from environmental groups and investors, who see FITs as a vital way to encourage investment in smaller scale clean energy technologies. This is backed up with evidence from Germany and Spain, where FITs have been in place for many years and have incentivised large domestic consumer uptake, and created new business opportunities. The government sees the introduction of a FIT as a method of encouraging domestic and commercial consumers to produce their own energy, thereby reducing total demand on the grid, and helping meet our renewable energy targets....

Jun
08
2010

Without Prejudice Rule
#Employment

The without prejudice rule will generally prevent documents from being admitted and used as evidence against the interest of a party in any court hearing without the permission of both parties....

Jun
08
2010

Financing a Green Investment Bank
#Environment

All three main political parties included in their manifesto pledges, the creation and support of a Green Investment Bank (GIB), in order to help finance the transition to a low carbon economy. The parties differed on the exact role of the bank, with Labour favouring an infrastructure funding institution and the Conservatives opting for early-stage start-up investing. In reality, a mixture will be required and it seems that other funding bodies such The Carbon Trust and Infrastructure UK may be amalgamated into the GIB, to avoid duplication of roles....

Jun
03
2010

Avoiding an expensive way out.
#Employment

It has been reported that Liverpool FC has allegedly offered Manager Rafa Benitez a £3 million pound sum to leave his employment with the club. Mr Benitez had been employed on a fixed term contract which still has over 4 years left to run. The contract allegedly contained a clause stating that if his employment was terminated early he would receive £16 million in compensation....

May
27
2010

Don`t score an own goal during the World Cup!
#Employment

The Trades Union Congress (TUC) has warned employers against imposing a blanket ban on football during the World Cup, which starts on 11 June 2010. The TUC believes that a blanket ban runs the risk of demotivating staff and losing hours through unauthorised sick days. Instead, the TUC encourages employers to accommodate staff requests to watch matches....

May
26
2010

Reasonable Investigations
#Employment

When looking at unfair dismissal cases involving an employee`s misconduct, tribunals will look at whether the employer`s investigation into the alleged misconduct was fair and reasonable. This means that the employer need not have conclusive direct proof of the employee`s misconduct but a genuine and reasonable belief....

May
26
2010

BNP teacher accused of racial and religious intolerance
#Employment

Adam Walker is reported to be the first teacher to appear before the General Teaching Council (GTC) accused of racial and religious intolerance. He resigned from his role as a technology teacher, after the head teacher instructed IT staff to investigate Mr Walker`s use of the internet on his school laptop....

May
26
2010

Compromise Agreements
#Employment

The case of McWilliam & Others v Glasgow City Council is the first case to consider the criteria set out for a compromise agreement to be valid under the Sex Discrimination Act 1975. This case looked at whether there was a need for the employee to have received independent legal advice as to the terms and effect of the proposed agreement....

May
26
2010

Impending Retirement - Not Age Discrimination
#Employment

When applying for a position some posts require the applicant to hold certain qualifications. However, what happens when you are already employed and in order for you to attain a higher-paid grade the requisite is that you must have a degree?...

May
25
2010

Is your employees time being gobbled up?
#Employment

The version of Pac-Man added by Google to celebrate the 30th birthday of the game, cost employers almost five million hours of work time and $120 million, suggests a study by software firm Rescue Time....

May
25
2010

Queen`s Speech: Employment Implications
#Employment

The Queen`s Speech today outlined 22 parliamentary Bills to be debated in the new Parliament....

May
24
2010

The end of the Working Time regs?
#Employment

More than one quarter (28%) of employers surveyed by the Chartered Institute of Personnel and Development (CIPD) and KPMG named the Working Time Regulations (WTR), which includes limits on working hours per week as well as setting compulsory rest periods and minimum annual leave entitlements, as the legislation that has the most negative effect on their business....

May
24
2010

Coalition agreement: employment implications
#Employment

The new coalition Government has today published its key policy plans. The plans are stated as being based on central principles of "freedom, fairness and responsibility" and cover a breadth of issues from banking to immigration....

May
20
2010

BA strike: still going ahead!
#Employment

The High Court injunction granted on Monday, preventing the proposed BA strike, gave momentary hope for the 450,000 passengers likely to be affected by the strike....

May
18
2010

Accidents at Work - Watch what you say!
#Employment

When there is an accident at work everyone`s first thought is understandably to look after the injured person. However, employers need to be aware that from the minute an accident occurs everything which is said or done could be used in evidence in subsequent court proceedings....

May
14
2010

Doctors fear blowing the whistle
#Employment

A survey conducted by the BMA Scotland has found many hospital doctors are too scared to raise concerns about patient care or staff behaviour in case it harms their career....

May
14
2010

Tory/Lib-Dem government face criticism over default retirement age
#Employment

After both the Conservatives and the Liberal Democrats stated in their manifestos that they planned to abolish the Default Retirement Age (DRA), the new Coalition Government yesterday declared that it will be "phased out". The Coalition Agreement does not set in detail exactly how this would happen, merely stating that they will "hold a review to set the date at which the state pension age starts to rise to 66, although it will not be sooner than 2016 for men and 2020 for women....

May
12
2010

Promoting health and wellbeing linked to increased shareholder return
#Employment

Research commissioned by the charity, Business in the Community (BITC), of FTSE 100 employers has identified enhanced financial performance for companies that strategically manage their employees` health and wellbeing. The research highlights the business benefits for employers who take a proactive approach to the prevention of illness and promotion of health and wellbeing in their work places. These benefits range from higher employee engagement, reduced absence and attrition rates, higher productivity, better retention and recruitment, as well as reputational benefits for the company and enhanced brand image....

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