Clarkslegal LLP - Solicitors in Reading and London

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Nov
03
2016

Ashamed of your employer?
#Employment

With increasingly significant social responsibility pressures and UK laws like the Bribery or Modern Slavery Acts, any public exposure by regulators or media of alleged misbehaviours by well-known businesses, or by people they use as suppliers or agents, highlights the endless scrutiny of what companies do or neglect to do. ...

Nov
03
2016

Top Tips for Making Clarification Questions Work For You
#Public Procurement

Clarification questions are an integral part of any procurement process. Do not be afraid of submitting them – it is better to raise a question (even if it then means that your competitors get the benefit of the responses provided) than to make an incorrect assumption about what the contracting authority wants....

Nov
03
2016

"Without Prejudice" - will these magic words protect my documents?
#Dispute Resolution

Many documents produced in commercial dealings are marked "without prejudice", often appropriately but sometimes not. When used correctly, these words mean that the document cannot be used in legal proceedings against the party who produced the document, nor indeed can that party use the document themselves....

Nov
02
2016

The Underused Project Bank Account
#Construction

It is a fact that small and medium-sized enterprises (SMEs) account for 60% of UK private sector employment and almost half of private sector turnover therefore it is evident that challenges relevant to SMEs are challenges to the UK economy as a whole....

Oct
28
2016

The verdict is in: Uber Drivers ARE workers!
#Employment

Today the tribunal has handed down its judgment and has decided that they are workers and are not self-employed as Uber had claimed....

Oct
28
2016

You don’t call, you don’t write…
#Employment

In the recent EAT case of Sandle v Adecco UK Ltd, Mrs Sandle was an agency worker employed by Adecco and working on assignment at a third party. The assignment came to an end and then a stalemate ensued....

Oct
28
2016

Tribunal finds EasyJet discriminated against breastfeeding mothers
#Employment

An employment tribunal has concluded that some of EasyJet’s roster practices indirectly discriminated against two breastfeeding flight attendants....

Oct
28
2016

Tesco facing legal action over decision to cut pay
#Employment

Tesco made changes to their pay structures earlier in the year which resulted in an increase to basic pay but a decrease in pay related to unsocial hours, weekend work and bank holidays. As a result, 17 long-serving Tesco workers have reportedly initiated employment tribunal claims against the supermarket chain....

Oct
24
2016

Big brands face modern slavery challenge
#Employment #Outsourcing & Supply Chain

The news broken by the BBC Panorama investigation about refugees and children alleged to be working in Turkey on clothes for Marks and Spencer and ASOS, whatever the facts are found to be, highlights the challenge of supply chain management and risk to big brands of being linked with such accusations. ...

Oct
21
2016

If you want a term to be a condition, do not rely on an assumption – state it
#Commercial

The case of Grand China Logistics Holding (Group) Co Ltd v Spar Shipping AS recently heard in the Court of Appeal has demonstrated the importance of parties to a contract specifying where a term should have the status of a ‘condition’....

Oct
21
2016

Brex-uncertainty wounding UK tech industry
#Entrepreneurs & Start-Ups #Corporate

Whether Brexit eventually becomes the triumph we are all now hoping for or whether Brexit is a term forever doused in disaster, the interim uncertainty of what Brexit means is harming the UK’s fastest growing industry and potentially in an irreparable way....

Oct
21
2016

“Private investigation” limits data privacy award
#Employment

A county court judge has rejected comparisons with phone hacking when setting a level for a data privacy award against the Metropolitan and Greater Manchester Police....

Oct
21
2016

A model recruitment process?
#Employment

A London recruitment agency, Matching Models, has been heavily criticised for posting job adverts on their website for “attractive women”, a “sexy female driver”, and a PA with “a classic look, brown long hair with b-c cup”....

Oct
18
2016

Preparing for the unknown – practical tips for employers of EU workforces
#Immigration

Although the UK’s Leave vote has had no immediate impact on free movement rights, businesses which employ EEA nationals and their family members may wish to start thinking about the implications of BREXIT now. There are risks and opportunities to be aware of and contingency plans which may need to be put in place....

Oct
17
2016

Asda Equal Pay claims reach next stage
#Employment

More than 7,000 Asda employees have brought equal pay claims in the Employment Tribunal, alleging that in-store work such as shelf-stacking and checkout roles (predominantly carried out by female employees) is of equal value to warehouse work (predominantly carried out by men)...

Oct
14
2016

Employer’s decision must be objectively justified not underlying policy
#Employment

In the case of Buchanan v The Commissioner of Police of the Metropolis, the EAT gave useful guidance on the objective justification defence available to employers in certain discrimination claims....

Oct
14
2016

Shared parental leave pay – to enhance or not to enhance?
#Employment

In the case of Snell v Network Rail, the tribunal awarded a father just over £28,000 in compensation after he was refused the same pay as his wife while on shared parental leave....

Oct
12
2016

JCT launch of the Design and Build 2016 edition
#Construction

The Joint Contracts Tribunal (JCT) has published the second of its 2016 edition of contracts, the JCT Design and Build suite. The contracts available include:...

Oct
11
2016

For Landlords – a Section 17 reminder
#Real Estate

It was possible during the recession of the late 1980s and early 1990’s to sue original tenants and previous assignees on covenants given in leases when the party to whom the lease had been assigned became insolvent. In some cases, many years had passed since the assignment and many original tenants would have forgotten about any continuing liability....

Oct
10
2016

Property start-ups booming in the Tech sector
#Real Estate #Entrepreneurs & Start-Ups

There has been a marked increase in new prop tech start-ups over the last year as they look to mirror the success of fintech in the property sector....

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