Clarkslegal LLP - Solicitors in Reading and London

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Jun
23
2017

Queen’s Speech: Proposed measures relating to Employment Law
#Employment

Her Majesty has outlined the legislative agenda for the coming two years in Parliament. As the Conservative Party failed to obtain a majority in the recent general election, many manifesto promises were scaled down or scrapped entirely....

Jun
23
2017

Employment status disputes could lead to holiday pay headache
#Employment

If the Court of Justice of the European Union (CJEU) follow the Advocate General’s recent opinion on holiday entitlement, for those wrongly classified as self-employed, businesses who dispute entitlement to paid annual leave could face large pay outs....

Jun
23
2017

First-tier Tribunal gives guidance on monetary penalties for data protection breaches
#Employment

In LAD Media Ltd v ICO, a monetary penalty by the ICO for unsolicited marketing texts has been reduced on appeal by the First-Tier Tribunal (Information Rights)....

Jun
22
2017

CITB report confirms UK construction firms rely on migrant labour
#Immigration #Construction

Research commissioned by the Construction Industry Training Board (CITB) has today revealed that a third of construction firms employ overseas workers...

Jun
22
2017

Gender pay gap starts early
#Employment

A new study looking at 23 subjects studied at university has suggested that the gender pay gap can start as early as the first year after graduating....

Jun
20
2017

David Rintoul Speaks at BSRIA Soft Landings Conference 2017
#Construction #Press

The roles and responsibilities of key people on a build project, including that of the facilities manager, should be identified as early as possible to ensure that the soft landings process works most effectively....

Jun
16
2017

Michael Sippitt comments for the FDi on France strikes back: optimism abounds as Macron takes the helm
#Employment #Press

The landslide election of centrist pro-EU Emmanuel Macron in May buoyed the euro and allowed markets to breathe a sigh of relief that France’s most unpredictable election in modern memory was over. Far-right candidate Marine Le Pen was soundly defeated, and 39-year-old former investment banker Mr Macron, leader of the nascent La République en Marche (LREM) party, was swept into the Élysée Palace on the promise of a stronger EU, labour reforms and a commitment to globalism...

Jun
16
2017

Failure to pay enhanced shared parental leave was direct sex discrimination
#Employment

In Ali v Capita Customer Management Ltd, a father succeeded in his claim for direct sex discrimination when he was told that shared parental pay only entitled him to 2 weeks full pay following the birth of his child and not the 14 weeks granted to women on maternity leave....

Jun
16
2017

Non-compete clauses: timing is everything
#Employment

In Egon Zehnder Ltd v Mary Caroline Tilman, the High Court upheld a restrictive covenant finding that it went no further than reasonably necessary in protecting the employer’s legitimate business interests. The court explained that the the reasonableness of a non-compete clause should be assessed at the time a contract is entered into but should take into account the parties’ expectations of future promotions....

Jun
16
2017

Council fined £150,000 for a failure to redact sensitive personal data
#Employment

Basildon Borough Council have been given a £150,000 fine by the Information Commissioner, after a statement in support of a householder’s planning application was published online in full without redacting personal data....

Jun
16
2017

Tier 2 Immigration Skills Charge – Another fee to pay
#Immigration

The recent Conservative manifesto has included a pledge to upsurge the Immigration Skills Charge, from £1,000 to £2,000 per year per employee by the end of the Parliament. Stated within their manifesto “skilled immigration should not be a way for government or business to avoid their obligations to improve the skills of the British workforce”....

Jun
12
2017

Protecting Your Smartphone App
#Commercial #Commercial #Information Technology

As of March this year, Android users were able to choose between 2.8 million apps and Apple's App Store remained the second-largest app store with 2.2 million available apps (https://www.statista.com). This is a vast market, and, whilst many, many apps make little or no money for their developers, the odd one may just be gold dust....

Jun
12
2017

Perfecting Imperfect Bids Part 2 - Advocate General’s Opinion
#Public Procurement #Commercial

Whether in a public works, service or supply contract a bidding consortium must be allowed to amend its bid following tender submission where one key criteria applicable to that consortium had changed....

Jun
09
2017

The UK wakes up to a hung parliament!
#Employment

The Conservatives are the largest party but have fallen short of a majority....

Jun
09
2017

EU gender pension gap twice the gender pay gap
#Employment

Not to be confused with the gender pay gap, the gender pension gap is defined as ‘the gap between the pre-tax income received as a pension by women and that received by men'. The consultancy firm Mercer has recently found that this gap in the EU is more than twice the gap between men and women’s earnings, standing at 40%, compared to the gender pay gap of 16%....

Jun
09
2017

Letter of Intent - The Need to Know
#Construction

This article considers some of the merits and potential pitfalls of proceeding with construction works under a Letter of Intent....

Jun
09
2017

Territorial Jurisdiction: an objective test
#Employment

In the recent case of Green v SIG Trading Ltd, the EAT held that the question of whether an employee has a sufficiently strong connection to the UK (to give a tribunal territorial jurisdiction to consider a claim) is an objective rather than a subjective test....

Jun
09
2017

Court finds employees don’t have to disclose intention to compete
#Employment

In MPT Ltd v Peel and others, the High Court was asked to grant an interim injunction against two senior employees of MPT who planned to run a competing business after they left MPT and their restrictive covenants had expired. ...

Jun
08
2017

David Rintoul to speak at 2017 Soft Landings Conference
#Construction

We are delighted to confirm that our partner David Rintoul, head of our construction and engineering group, has been asked to speak at the national 2017 Soft Landings Conference: Delivering value through Soft Landings conference organised by BSRIA, the Built Environment specialists. It will take place on Friday 16th June at RIBA HQ in London and our clients and friends are all warmly invited to attend the conference, invitation to which can be accessed via the below link:...

Jun
08
2017

Break Clauses and Alienation: The Code for Leasing Business Premises 2007
#Real Estate

A large percentage of modern leases of business premises include break clauses and virtually all will include provisions restricting the assignment and underletting of the lease. A landlord will generally seek to control the exercise of a tenant’s break and the tenant’s right to assign or underlet its premises as far as possible without damaging any future rent review on the grounds that the lease contains onerous conditions....

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