Clarkslegal LLP - Solicitors in Reading and London

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Jan
18
2018

Tier 2 Sponsors: Role of the Authorising Officer
#Immigration #Inward Investment #Employment

Businesses with sponsor licences have a huge responsibility to ensure that the points based system is not abused. The role of the Authorising Officer is to effectively manage the licence and ensure the employer is not in breach of its sponsor duties. ...

Jan
12
2018

New DBS application procedure introduced in England and Wales
#Employment

Basic criminal records checks provide details of an individuals’ convictions and conditional cautions considered to be “unspent” under the Rehabilitation of Offenders Act 1974....

Jan
12
2018

Perceived disability claim upheld by the EAT
#Employment

In The Chief Constable of Norfolk v Coffey the EAT held that an employer’s belief that an employee’s hearing problem may become a disability in the future amounted to direct perceived disability discrimination....

Jan
09
2018

UKVI confirms Restricted CoS limit reached in December
#Immigration #Inward Investment #Employment

For the first time since July 2015, the Home Office’s monthly Restricted Certificate of Sponsorship (CoS) limit was reached and many employers saw their applications refused. Data published on the government’s website shows that 1,527 applications were granted. Successful applications had to score a minimum of 55 points as opposed to the usual 21 points (see data for previous months)....

Jan
05
2018

What to look out for in 2018
#Employment

With 2018 newly arrived, it’s the ideal time to take a look at what’s in store for the world of business and its employees over the next year....

Jan
05
2018

Protected conversations – an exception to the protection…
#Employment

Pre-termination discussions between employer and employee are protected and cannot usually be referred to by either party in a subsequent unfair dismissal claim....

Jan
05
2018

Looking ahead at business immigration in 2018
#Immigration #Inward Investment #Employment

In 2017, we saw the government push ahead with its policy to reduce net migration to “sustainable levels.” Businesses saw the introduction of the Immigration Skills Levy, the closure of the Tier 2 Intra Company Transfer (ICT) route and an increase to the minimum salary threshold for skilled workers. ...

Jan
01
2018

Monica Atwal comments in Metro on ‘What happens if your job makes you take a drugs test and you fail?’
#Employment #Press

It’s the morning after the night before, and you’ve done something that really wasn’t a good idea. And it just so happens that today is the one day in your career that your boss has decided to randomly drug test some of the workers....

Dec
22
2017

Criminal conviction for Loss Adjustors who used illegally obtained data
#Employment #Data Protection

With the constant risk of fraud, investigating claims is a priority for many insurance firms. However, a recent case has shown how this can lead to a breach of data protection legislation and criminal sanctions. ...

Dec
22
2017

Ghosts of Christmas Past: using Christmas bonus to bypass collective bargaining comes back to haunt employer
#Employment

Earlier this year we reported on the Tribunal decision in Dunkley and others v Kostal UK Ltd, involving an attempt to induce staff to give up their collective bargaining rights by informing them directly that failure to agree terms would lead to “no Christmas bonus”. ...

Dec
15
2017

Tier 2 & 5 Priority Service for Sponsors
#Immigration #Inward Investment #Employment

Last year, UK Visas & Immigration launched the Tier 2 and 5 priority change of circumstances service for business sponsors. UKVI’s current processing time for requests via the SMS is 18 weeks – which as our clients know is 18 weeks too long....

Dec
15
2017

Home Office fines show the true cost of not carrying out immigration checks
#Immigration #Inward Investment #Employment

The Home Office has recently published its quarterly figures for the number of illegal workers identified between April and June 2017. The figures show that illegal workers are not just isolated cases....

Dec
15
2017

Employers could be liable for data breaches by rogue employees
#Data Protection #Employment

In 2014 an employee of Morrisons supermarkets posted payroll information (including names, addresses, bank accounts and salaries) of 99,988 colleagues online and sent the same to newspapers. ...

Dec
15
2017

Fit for work assessments to be scrapped
#Employment

The Government’s Fit for Work assessment scheme is to end following low referral rates, marking the beginning of a revised strategy to get more disabled people into the workplace....

Dec
12
2017

Poem: Christmas Parties
#Employment

It’s that festive time again The Christmas party’s here...

Dec
11
2017

Monica Atwal speaks to the Daily Star ‘No job is safe’ Expert says robots will spark GLOBAL migration and unemployment crisis
#Employment #Press

EVERY job in the world is under threat from being stolen by a robot in a pattern that could spark a migration crisis, a leading expert has warned....

Dec
08
2017

Why honesty is always the best policy, when it comes to capability
#Employment

Mr Rawlinson was dismissed by Brightside Group for poor performance, however, to soften the blow, Brightside told Mr Rawlinson that the reason for his dismissal was because his role was being outsourced following a restructure....

Dec
08
2017

Second bite at the cherry: time limits and amendments to claims
#Employment

Prior to the case of Galilee v Commissioner of Police of the Metropolis, it was understood that an amendment to a claim takes effect from the date of the original claim and that it’s essential for the Tribunal to consider any jurisdictional points (such as whether the claim is in time) when deciding whether or not to grant the application as, once the application has been granted, the Respondent would be prevented from raising such an argument. ...

Dec
07
2017

Monica Atwal comments on the harassment backlash against women in the workplace
#Employment #Supply Chain Governance #Press

Facebook's CEO Sheryl Sandberg took to Facebook to speak out about harassment in the workplace towards women. ...

Dec
04
2017

London Mayor Sadiq Khan campaigns for ‘fair and flexible’ visa system
#Immigration #Inward Investment #Employment

The London Mayor has kicked off a week long trade mission to India and Pakistan by criticising the British government’s current stringent visa policy. Speaking in Mumbai, Sadiq Khan said he was “lobbying” with the government to change its visa policy and it was in London’s best interests to keep Britain open to highly skilled workers....

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