Clarkslegal LLP - Solicitors in Reading and London

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Sep
23
2016

BBC’s dismissal of Journalist who prioritised Sri Lankan news report over Prince George’s birth was unfair
#Employment

BBC World Service Journalist Chandana Bandara was issued with a final written warning following his refusal to prioritise a news report on the birth of Prince George over one on the anniversary of ‘Black July’ (concerning the massacre of Tamils in Sri Lanka). ...

Sep
23
2016

Applicant X – avoiding bias and discrimination in recruitment
#Employment

Most UK employers are well aware that the law protects job applicants from unlawful discrimination - for example because of their sex, race or age. ...

Sep
16
2016

Failing to comply with a subject access request may impact the fairness of a dismissal
#Employment

In the recent employment tribunal case of McWilliams v Citibank, the Claimant had been suspended following allegations that she had breached client confidentiality. The Claimant subsequently submitted an extensive subject access request (SAR) to her employer in respect of her disciplinary proceedings, which was refused on the grounds of proportionality. The SAR’s scope was consequently reduced but was again refused....

Sep
16
2016

Council and their contractor sued over alleged national minimum wage breach
#Employment

In the news this week it was announced that seventeen homeworkers are to sue both Sevacare and Haringey Borough Council over an alleged failure to pay national minimum wage....

Sep
13
2016

The personal guarantee dilemma: Should a director succumb to a personal guarantee?
#Directors' Duties #Construction

There are two fundamental principles in company law. First, every company has its own legal personality, meaning that it has its own legal identity, which is not the same as the identities of its shareholders and directors. Secondly, in the case of limited companies, which make up the vast majority of companies in England, the liability of shareholders is limited: shareholders are liable to pay for their shares, but they are not liable for the company's debts....

Sep
13
2016

Cracking down on corporate crime
#Directors' Duties #Dispute Resolution

The government has announced its latest policy to combat so-called boardroom excess. ...

Sep
09
2016

Right to work checks – do you have a statutory excuse?
#Immigration

All employers regardless of whether they hold a Sponsor Licence or not, are expected to carry out prescribed document checks on all employees before they start work. Provided that an employer has carried out the appropriate checks, it will have a statutory excuse against liability for a civil penalty if it later comes to light that any worker has been working illegally in the UK....

Sep
09
2016

“Systematic Failings” on Data Protection leads to a £15,000 fine
#Employment

Following on from the case reported last month on data protection (”Failing to anonymise – the cost”), a nursing home in Northern Ireland has received a fine of £15,000 from the Information Commissioner’s Office (“ICO”), following the burglary of the home of one of its staff members....

Sep
09
2016

No TUPE where activities provided for own commercial gain and not for the client
#Employment

The EAT has held that TUPE does not apply where a new provider ceases to carry out services “on the client’s behalf.”...

Sep
09
2016

Directors’ duties and dilemmas in real estate
#Directors' Duties #Real Estate

From a director of a property management company to a real estate director with a developer, all in such a position will routinely grapple with dilemmas such as reconciling conflicts of interests, managing shareholders expectations, choosing between business strategies, or trying to rein in an overbearing CEO....

Sep
08
2016

Battle of the rights – Landlord’s right to build vs the tenant’s right to quiet enjoyment
#Real Estate

It is commonplace for a landlord who fully owns a commercial property to part rent it out and then to reserve a right in the lease enabling them to develop the remainder of the property. However, would the landlord be completely free to do so?...

Sep
07
2016

Directors` Duties
#Directors' Duties #Corporate

The Companies Act 2006 (“the 2006 Act”) codified many of the existing ‘common law’ and fiduciary duties of company directors. These duties apply to executive, non-executive and shadow directors. Below is an example of how these duties under the 2006 Act apply....

Sep
06
2016

Three “Ms” to help avoid the supplier’s nightmare of a key customer who can’t pay
#Commercial #Corporate

In the first quarter of this year, in England and Wales, 3,694 companies and 20,383 individuals were unable to pay their debts and went into a formal insolvency procedure (The Insolvency Service: Insolvency Statistics – January to March 2016). It goes without saying that these statistics mean that a very considerable number of suppliers to companies or sole traders will have been left as unsecured creditors, likely to receive a fraction only (or nothing at all) of what they were owed for goods or services supplied....

Sep
02
2016

Bringing the National Living Wage to Life
#Employment

Since it was announced in the July 2015 Budget, the National Living Wage (NLW) has received much comment, both negative and positive....

Sep
02
2016

Pay protection can be a reasonable adjustment
#Employment

The EAT has recently held that protecting a disabled employee’s pay following his move to a lower paid role was a reasonable adjustment....

Sep
02
2016

Release of train CCTV could breach Data Protection Act
#Employment

The Information Commissioner’s Office (ICO) is looking into a possible breach of the Data Protection Act by Virgin Trains when it released CCTV footage from one of its trains following Jeremy Corbyn’s claim that he was unable to find a seat....

Aug
30
2016

Home workers: how to measure performance?
#Employment

With flexible working arrangements on the rise it's important that employers take action to maximise the effectiveness of these arrangements and ensure that the performance of homeworkers is measured accurately. ...

Aug
30
2016

Sonning Cricket Club’s Annual President v Chairman’s Game
#Clarkslegal

Clarkslegal are proud sponsors of Sonning Cricket Club, to help fund their thriving youth and development programmes....

Aug
26
2016

Right to Work Checks for International Students
#Immigration

International students from outside the EEA are allowed to work in the UK depending on the conditions of their visa. Employers need to be aware of the additional right to work checks they need to carry out on these employees. ...

Aug
26
2016

Gender Pay Information Regulations 2016 delayed
#Employment

The Goverment Equalities Office has announced that Gender Pay Information Regulations are likely to be put before Parliament later this year with a view to them coming into force in April 2017. ...

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