Clarkslegal LLP - Solicitors in Reading and London

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Feb
05
2016

Warehouse worker with difficulty lifting up to 25kg is disabled says EAT
#Employment

Disability is defined as a physical or mental impairment, which has a substantial and long-term adverse effect on someone’s “ability to carry out normal day-to-day activities” (Section 6(1), Equality Act 2010)....

Feb
05
2016

Failure to deal with hostility towards a union member from rival union members was unlawful detriment
#Employment

In the case of Bone v North Essex Partnership NHS Foundation Trust [2016], the Court of Appeal reinstated a tribunal’s decision that an employer’s failure to deal with hostility towards a union member was unlawful detriment. Workers are protected against suffering a detriment by any act, or any deliberate failure to act, by their employer if the act or failure to act takes place for the sole or main purpose of preventing or deterring them from taking part in trade union activities at an appropriate time....

Feb
05
2016

A Flood of Claims
#Real Estate

Abigail, Desmond, Frank, and Henry and their relatives have already visited our shores. Their North American cousin, Jonas, has been and gone. ...

Feb
05
2016

Business Rates
#Real Estate

Commercial Property owners should be aware that the empty property rate relief scheme for newly built commercial property will end on 30 September 2016. ...

Jan
29
2016

Injury to feelings compensation taxable as termination payment
#Employment

The Upper Tribunal, that deals with tax appeals, has upheld a decision that a settlement payment for injury to feelings made in connection with a termination of employment was taxable as a termination payment. ...

Jan
29
2016

Dismissal for delay in reporting bribe was fair
#Employment

An employment tribunal has recently held that an immigration officer, who accepted a bribe and then delayed returning the money and reporting it, was fairly dismissed....

Jan
29
2016

Visa applications – the devil is in the detail
#Immigration

In the immigration team we help people who are applying for many different kinds of visa – from students to skilled workers, visitors to spouses. But what do all visa applications have in common?...

Jan
22
2016

Age discrimination for the over 50s: taking into account early retirement costs was direct discrimination
#Employment

The EAT has overruled a tribunal’s decision, holding the fact that employees over 50 were entitled to early retirement benefits under the pension scheme (making their severance costs much higher than for employees aged under 50) was not a "relevant circumstance"....

Jan
22
2016

Big changes to Tier 2 recommended in the Migration Advisory Committee's review
#Immigration #Employment

The Migration Advisory Committee (MAC), which advises the government on migration issues, has published areview of Tier 2. ...

Jan
15
2016

Zero hours contracts: further protections now in force
#Employment

This week, regulations 2015 came into effect making any dismissal of an employee on a zero hours contract automatically unfair, if the principal reason for the dismissal is that the employee breached a contractual provision seeking to prohibit him/her from working for another employer. Such provisions are now unlawful. No qualifying period is required to bring such an unfair dismissal claim....

Jan
15
2016

Are personal emails at work private?
#Employment

The European Court of Human Rights’ Judgment in a Romanian employment dispute has been widely reported in the national press as giving the green light to employers to monitor employees’ personal emails and electronic messages on work systems....

Jan
12
2016

What to expect for 2016
#Clarkslegal #Construction #Corporate #Dispute Resolution #Employment #UK Immigration #Private Client #Real Estate #Commercial

Clarkslegal has produced a guide on ‘What to expect for 2016’ which clearly sets out all the forthcoming legislative changes, which we hope you find useful in planning your year ahead. ...

Jan
12
2016

More onerous duties imposed on employers who sponsor employees on Tier 2 visas
#Immigration

UK Visas and Immigration (UKVI) have recently made changes to the Tier 2 and 5 sponsor guidance published on its website. UKVI already imposes onerous obligations on employers who sponsor employees who are from outside of the European Economic Area (EEA) on Tier 2 visas. ...

Jan
11
2016

Clarkslegal's Corporate Team Acts for Ludgate Environmental Fund Limited
#Corporate #Clarkslegal

Clarkslegal corporate team acted for Ludgate Environmental Fund Limited on the sale of its interests in Ignis Biomass Limited....

Jan
11
2016

Getting the Skeletons out of the Closet: Disclosure Letters on Sales of Businesses and Companies
#Corporate

The general position for someone buying a business or a company is summed up by that dusty but succinct old phrase, “Caveat Emptor”, which the stern Victorian novelist, Trollope, once described as “the worst proverb that ever came from the dishonest stony-hearted Rome” (he had probably just bought something that didn’t work and found himself without effective comeback, as there was a distinct lack of consumer protection law in the 19th century). There is, essentially, no obligation on the seller to tell the buyer anything, and the buyer thus needs to “beware”....

Jan
08
2016

2016 at a glance
#Employment

As we enter the New Year and Christmas now seems a distant memory, it is a good time to set out the key employment law changes employers can look forward to for the next 12 months. ...

Jan
08
2016

Instruction not to speak Russian was not race discrimination
#Employment

In Kelly v Covance Laboratories Ltd the Employment Appeals Tribunal held that an employer’s instruction to an employee not to speak Russian (her native language) at work was not direct race discrimination or race harassment. ...

Jan
08
2016

Junior Doctor Strikes are Back On
#Employment

NHS Employers have failed to sufficiently allay the concerns of junior doctors in the ongoing ACAS talks and so strike action is back on with the first of 3 days scheduled for 12 January....

Jan
08
2016

Discretionary bonus not in breach of contract
#Employment

In Paturel v DB Services (UK) Ltd the High Court held that an employer’s decision to award one employee a discretionary bonus and two others a larger guaranteed bonus did not breach the employee’s express contractual term to be treated consistently with peers nor did it breach any implied term to act in good faith and in a manner that was not perverse or irrational. The employee also claimed that the employer’s subsequent failure to provide accurate reasons for the sums awarded was a breach of trust and confidence. ...

Jan
08
2016

The street food revolution!
#Real Estate

New street food markets continue to open across the UK at a rapid pace with many new food trucks and vendors opening each week. How can landlords, developers and food entrepreneurs take advantage of this trend and how is the sector evolving? ...

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