Clarkslegal LLP - Solicitors in Reading and London

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Jul
08
2016

Ex-employee ordered to delete confidential information stored on personal devices
#Employment

To guard against the risk of confidential data ending up in the wrong hands, employment contracts should clearly set out the employee's obligations on termination. ...

Jul
08
2016

Challenging Wills – The risks
#Private Client

A recent high court case (Elliot v Simmonds and others [2016] EWHC 962 (Ch)) highlighted the risks associated with challenging the validity of a Will without reasonable grounds. The claimant was unsuccessful and ordered to pay both sides’ costs....

Jul
05
2016

Industrial relations in a post-Brexit Europe
#Employment

Brexit will be negative for UK unions as they will face difficulty in urging legal reforms on a relatively unreceptive UK Government; however union structures and agreements vary a lot around the EU. HR professionals must promote and protect the advantages of UK employment laws and practices....

Jul
01
2016

Court of Appeal confirms “no oral variation” clauses are not binding – again
#Dispute Resolution

The Court of Appeal has again – this time in the case of MWB Business Exchange Centres Limited –v- Rock Advertising Limited, confirmed that parties will not be bound by a clause in a contract purporting to provide that oral variations will be ineffective....

Jul
01
2016

Brexit and Human Resources
#Employment

HR will feel the brunt of the UK's decision to leave the EU with staff cutbacks, loss of talent, a slowdown in recruitment, and a decrease in employee engagement being among the many issues they will face going forward....

Jul
01
2016

Employment tribunal fees preventing access to justice
#Employment

Employee tribunal fees have had a negative impact on early conciliation between parties with employers having little incentive to settle in circumstances where the Claimant may struggle to pay the fees. It is recommended that fees should be reduced or replaced....

Jul
01
2016

ACAS Code does not apply to SOSR dismissals
#Employment

The Phoenix House Ltd v Stockman & Anor case highlights the difficulty in dismissing fairly for a breakdown in the working relationship. Employers will be expected to follow a fair process for SOSR dismissals....

Jul
01
2016

Ordering reinstatement on reduced duties can be permitted
#Employment

A tribunal has no power to order reinstatement on terms which alter the contractual terms of employment but it can recognise external factors beyond the employer and employee’s control which limit the employee’s scope of work....

Jun
24
2016

EU Referendum: Where does the “Brexit” leave the construction industry?
#Construction

We now have the results of the EU Referendum confirmed: the UK has voted to leave the EU, by 52% to 48%. In the immediate, sterling has tumbled and the stock markets have plummeted. The question now is what impact this will have on the construction industry....

Jun
24
2016

After the Referendum
#Clarkslegal

Following the unexpected referendum result the UK begins to adjust to a different future, one which faces many uncertainties. A key challenge the UK faces will be how to seriously increase UK trade and investment with the rest of the world as well as the EU....

Jun
24
2016

The Supreme Court holds that the abuse of migrant domestic workers is not race discrimination
#Immigration #Employment

Employers must understand and articulate the reason for an employee’s treatment in a potential direct discrimination claim and should think carefully about why they might be treating a member of staff differently. ...

Jun
24
2016

Britain votes ‘Leave’ – What next?
#Employment #UK Immigration

Despite the UK voting to leave the EU, the impact of Brexit on employment law still remains uncertain; it is likely that the UK will remain part of the EU for at least two years after notice has been served. ...

Jun
24
2016

Asda continue to face mulitple equal pay tribunal claims
#Employment

Asda is defending claims that it is unlawful for them to pay in-store employees less than the warehouse-based employees. ...

Jun
23
2016

JCT launch of the Minor Works 2016 edition
#Construction

The Joint Contracts Tribunal (JCT) has published the first of its 2016 edition of contracts, the JCT Minor Works suite which will be issued on 24 June 2016....

Jun
22
2016

Star Wars producers feel the force of the HSE
#Employment

To protect your business from facing health and safety investigations, employers must take necessary steps to ensure their workers' safety. ...

Jun
17
2016

Religiously motivated attacks on apprentice dismissed as ‘workplace pranks’ by perpetrators
#Employment

Attacks made on a young Christian apprentice were dismissed by the perpetrators as "workplace pranks". A clear anti-bullying policy must be enforced to keep criminal acts to a minimum. ...

Jun
16
2016

Chelsea’s former team doctor scores settlement
#Employment

Dr Carneiro receives confidential settlement for an undisclosed sum following claims for construction dismissal and sex discrimination. ...

Jun
16
2016

Free range eggs but not free range workers
#Employment #Outsourcing & Supply Chain

Following the DJ Houghton Catching Services Ltd modern slavery case, employers should ensure that modern slavery is eradicated from their supply chains, with larger organisations being expected to publish annual slavery and trafficking statements. ...

Jun
14
2016

The increasing use of apps in the workplace
#Construction

There are hundreds and thousands of apps available to smartphone and tablet users, many of which are free. The majority of us own or have access to such devices and will use a range of apps on a daily basis, for example news, music, health and fitness and travel apps to name just a few....

Jun
13
2016

Phishers don’t discriminate against start-ups
#Corporate #Entrepreneurs & Start-Ups

Start-ups often believe that their business may not be susceptible to phishing attacks compared to the likes of giant corporates; however these attacks during growth stage could be lethal to the success of the business going forward. ...

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