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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. ...

Aug
26
2016

A farewell to Salary Sacrifice Schemes?
#Employment

The Government has launched a Consultation to gain a wider understanding of the impact of removing income tax and national insurance advantages from benefits provided via salary sacrifice schemes. ...

Aug
26
2016

Post BREXIT: New immigration policy should secure public consent
#Immigration

A report by independent think tank British Future has suggested that although Brexit presents challenges for decision makers, it also offers an opportunity to get immigration policy right so the public’s trust in the system can be restored. The “immediate priority” should be securing the future of the 3.5m EU nationals living in the UK – an opinion shared by 84% of the public who believe that EU citizens already living in the UK should be allowed to stay....

Aug
18
2016

Failing to anonymise – the cost
#Employment

Employers should ensure that they have adequate training in place on data protection obligations otherwise they run the risk of facing a costly breach of privacy claim....

Aug
18
2016

To strike out or not to strike out?
#Employment

In the recent case of Arriva London North Ltd v Maseya, the Employment Appeal Tribunal (EAT) held that a party’s case should only be struck out in exceptional circumstances....

Aug
18
2016

Termination payments – changes to tax treatment
#Employment

In July last year, we reported that the Government had launched a consultation on simplifying the tax treatment of termination payments. After some delay, it has finally published its response along with draft legislation which sets out the changes it has decided to make....

Aug
15
2016

Vacant Possession: Do I have to remove partitions?
#Dispute Resolution

The exercise of break clauses can cause tenants great difficulty, especially where the break clause is subject to conditions. It is common for break clauses to require “vacant possession” and it can be difficult for a tenant to know what exactly this requires them to do. One question which comes up frequently is whether it is necessary to remove partitions in order to give vacant possession....

Aug
12
2016

The Importance of Employee Engagement: myth or reality?
#Employment

Mentoring programmes can be a key ingredient in creating a positive working environment and in encouraging greater collaboration within organisations. Companies demonstrating their willingness to invest in their employees in this way are more likely to create an engaged workforce....

Aug
12
2016

Right to work - powers to close business premises for non-compliance
#Immigration

If immigration officers have reasonable grounds to believe that an employer is flouting the law, they could close the business for up to 48 hours to carry out a full investigation. ...

Aug
12
2016

Labour leadership candidates battle it out on employment law reform
#Employment

Labour leadership candidates Jeremy Corbyn and Owen Smith have set out their pledges on employment law reform which we highlight in this blog. ...

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