Clarkslegal LLP - Solicitors in Reading and London

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Jul
10
2017

Gig Economy Update
#Employment

The Trades Union Congress (TUC) recently published a report on ‘insecure work’. According to the report, 3.2 million people in the UK currently have ‘insecure work’ which was defined as being engaged:...

Jul
10
2017

Appeal: No reasons for decision? No witnesses called? No problem!
#Employment

In the case of Elmore v The Governors of Darland High School, the EAT upheld the decision of the ET that the dismissal of a mathematics teacher on capability grounds was fair, despite the fact that the school’s appeal panel gave no reasons for its decision and none of its members were called as witnesses at tribunal....

Jul
07
2017

How to avoid getting hot and bothered on summer employment issues
#Employment

In December, law firms like to write advice on dealing with employment issues that may arise over the festive period, but the summer in its own way can create just as many pitfalls....

Jul
04
2017

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

The most important step in winning a public tender is writing a first-class bid. Making sure that your bid addresses each aspect of the tender questions and provides evidence where required is key to achieving that....

Jun
30
2017

Scottish Government report suggests raise in care worker wages would help close gender pay gap
#Employment

The Scottish Parliament’s Economy, Jobs and Fair Work Committee has published its gender pay gap report, “No Small Change”. It contains a number of recommendations for devolved powers to be used to close the gender pay gap....

Jun
30
2017

Save money. Live to regret it?
#Employment

Last week (in Farmah & ors v Birmingham City Council & ors) the EAT gave an important Judgement in five different multiple equal pay claims, including the large scale claims against Asda....

Jun
30
2017

TUPE may apply on share sale if purchaser “steps into the shoes” of the employer
#Employment

On a share sale, it is easy to presume that TUPE will not apply as the employer remains the same and it is just the ownership that changes. In the recent case of ICAP Management Services Limited v Berry & BGC, the High Court looked at the circumstances in which a transfer could arise....

Jun
29
2017

UK Government’s Post Brexit Offer to EU nationals
#Immigration

This week, the government published its policy paper for managing the immigration status of EU nationals in the UK after Brexit. The policy paper is still to be negotiated with the EU but it confirms that once the UK has officially withdrawn from the EU (which could happen at any point on or before 29 March 2019), existing residence documents such as those certifying permanent residence, would be invalid. Instead, all EU nationals and their family members would need to apply for new residence documents....

Jun
28
2017

Costs budgeting – welcome clarity from the Court of Appeal
#Dispute Resolution

Costs budgeting is now a central part of civil litigation. The Court, lawyers and litigants are getting more comfortable with the process and it leads to much greater transparency and certainty. ...

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”....

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