Clarkslegal LLP - Solicitors in Reading and London

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Nov
24
2017

UK work experience visas under Tier 5
#Immigration

The Tier 5 visa route enables international students from outside the EEA to undertake temporary work experience, internships or approved training in the UK during or after their studies. Here, we consider the Government Authorised Exchange (GAE) and Youth Mobility schemes under Tier 5 of the Points Based System. Both routes allow a student/graduate to live and work in the UK for 12-24 months....

Nov
17
2017

Pension scheme did not discriminate against worker who had a mixture of full-time and part-time service
#Employment

In Dr Parker v MDU Services Ltd, the claimant alleged that her employer’s pension scheme indirectly discriminated against workers who had a combination of full and part-time service....

Nov
17
2017

Government doubles visas for exceptional talented individuals
#Immigration

On Wednesday, the government announced its intentions to double the number of visas to individuals who show promise in the technology, science, art and creative industries. Home Secretary Amber Rudd confirmed that the number of visas available through the Tier 1 Exceptional Talent route will increase from 1,000 to 2,000 a year....

Nov
17
2017

Deliveroo: Late substitution leads to a win against the run of play
#Employment

The Central Arbitration Committee (CAC) has finally given its decision on whether a particular group of Deliveroo riders - those in the Camden/Kentish Town area of North London who are paid per delivery - are workers of Deliveroo or are independent suppliers of services to Deliveroo....

Nov
14
2017

When Can I Refuse To Mediate?
#Dispute Resolution

Anyone who has been involved in a legal dispute will have been told to consider engaging in some form of alternative dispute resolution, most often mediation, before the issue of proceedings. ...

Nov
13
2017

Liability For Reduction In Value Of Neighbouring Properties Due To Japanese Knotweed
#Intellectual Property #Real Estate

Japanese Knotweed is a fast-growing invasive species and is a significant problem because it can cause physical damage to buildings and land. It is expensive and time consuming to permanently remove. Clarkslegal was instructed on the sale of a development site which was delayed for over a year when the buyer found Japanese Knotweed on site and insisted that the seller remove it before completion. ...

Nov
10
2017

Will Uber work in the area again?
#Employment

The Employment Appeal Tribunal (EAT) has today upheld the ET decision that when the Uber drivers were in the work area, available for work and with Uber app switched on, they were workers with rights to national minimum wage, sick pay and holiday pay....

Nov
10
2017

Web of Secrecy: most organisations failing to inform users about what will happen to their personal data
#Employment

The ICO has led a global investigation of website privacy communications on behalf of the Global Privacy Enforcement Network (GPEN) and found many organisations’ data protection practices are lacking. ...

Nov
10
2017

The importance of understanding the economic entity in a TUPE situation
#Employment

For there to be a business transfer under TUPE there must be an ‘economic entity’ that retains its identity post-transfer....

Nov
10
2017

Brexit Update: Government Publishes ‘Technical Document’ on EU citizens’ rights
#Immigration

Last night, Theresa May confirmed that the EU Withdrawal Bill would be amended to formally commit to Brexit at 23:00 GMT on 29 March 2019. This comes after the government published a ‘technical document’ on Tuesday setting out further details of how the new settled status scheme for EU nationals and their family members would operate as the UK leaves the EU. The document seeks to reassure the 3 million EU citizens currently living in the UK of their immigration status post-Brexit....

Nov
10
2017

Michael Sippitt comments for the International Business Times on Uber loses UK legal appeal against drivers' rights
#Employment #Press

Taxi-hailing firm Uber has lost its appeal on Friday (10 November) against a ruling that its drivers should be classed as workers rather than self-employed....

Nov
08
2017

Changes to the PSC Regime
#Corporate #Commercial

Since the PSC Regulations came into effect in June 2016, changes to a company’s PSC information have been filed annually at Companies House on the Confirmation Statement....

Nov
07
2017

Collateral Warranties: What to look for?
#Construction

Collateral warranties are a key feature of the construction industry, and they enable beneficiaries such as funders, tenants or purchasers of a development to have a contractual link with the project team. Whilst it is possible to utilise the third party rights act, this route is limited, as seen in the case of Hurley Palmer Flatt Limited v Barclays Bank plc [2014] and you can read our analysis here....

Nov
07
2017

An uncertain future for “Smash & Grab”
#Construction

recent decision in the Technology and Construction Court has prompted the industry to once again reflect on the well-documented cases of ISG v Seevic and Harding v Paice, from which the phrase “Smash & Grab” was born. ...

Nov
06
2017

Will lawyers save the planet?
#Environment

Very soon a Norwegian court will hear a case based on environmental concerns against the issue of oil exploration licences. The case is helpfully reported in The Economist (Nov 4-10th)....

Nov
03
2017

Tribunal Fees: Where are we now?
#Employment

Since the Supreme Court’s decision on 26 July 2017 that the existing scheme of Employment Tribunal fees was unlawful, the future for employment claims has been in a state of flux. In our article in September 2017 ...

Nov
03
2017

Ignorance is bliss: decision-maker unaware of protected disclosure defeats automatic unfair dismissal claim
#Employment

We reported on the EAT’s decision in Royal Mail v Jhuti back in the summer. Unhappy with the EAT’s decision, Royal Mail appealed to the Court of Appeal. The Court of Appeal restored some sense by confirming that employees cannot claim they have been automatically dismissed for making a disclosure if the decision-maker was unaware of the protected disclosure(s)....

Nov
02
2017

Michael Sippitt recently attended the TAG Alliances Conference in Quebec City
#Environment

At the TAG Alliances conference recently held in Quebec City a plenary session on climate change was moderated by Michael Sippitt, Chairman of UK law firm Clarkslegal LLP and of the a Commonwealth Environmental Investment Platform (CEIP)....

Nov
01
2017

Zafar Kanani writes for Finance Digest on What are investor syndicates and how can they work for you?
#Clarkslegal #Entrepreneurs & Start-Ups #Press

Angel investing is by its nature a risky endeavour. Every investor naturally has an overarching goal to minimise risk and maximise returns. In the context of angel investing, ensuring that the relevant elements needed to achieve this are in place is easier said than done. ...

Oct
27
2017

Right to Work: Employing International Students
#Immigration

Some international students from outside the EEA are allowed to work in the UK, depending on the conditions of their visas. Where they are permitted to work, students can work part time during their studies, full time during vacation periods and any period of time between completing their studies and the expiry of their student visa. Employers wishing to take on such students should be aware of the additional right to work checks required....

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