Clarkslegal LLP - Solicitors in Reading and London

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Sep
14
2015

Changes to section 21 notices
#Dispute Resolution

Residential landlords need to be aware of the changes to section 21 notices which are coming into force from 1 October 2015....

Sep
11
2015

Fit for Work scheme now available to employers
#Employment

The Fit for Work scheme has this week been made available to employers in England and Wales, completing a national roll-out which began in April. This provides occupational health support and advice for GPs, employers, and employees and aims to reduce long term sickness absence....

Sep
11
2015

National Living Wage already impacting businesses
#Employment

The national living wage has already started to influence the way businesses are behaving....

Sep
10
2015

HR improper influence on outcome can make dismissal unfair
#Employment

Human Resources’ departments are often asked to provide advice and guidance on disciplinary matters, however, a recent case from the Employment Appeal Tribunal (EAT) has warned of the risk of overstepping the mark and applying ‘improper’ influence. ...

Sep
08
2015

Get Maximum Value from your Contract Negotiations (and legal expenses)
#Construction

Clients regularly ask us to review and comment on proposed contract terms, which reviews often result in a schedule of comments and suggested amendments, to which the client will refer in contract negotiations....

Sep
07
2015

Have the Rules on Limitation and Exclusion of Liability now changed?
#Commercial

In many of the contracts that we put together for clients, one party (or both) may try to limit their liability for losses suffered as a result of breach of that contract. Where those contracts are individually negotiated and assess the risk open to each party, the Court will rarely intervene. ...

Sep
07
2015

Application of property rates to two separate floors of a building
#Real Estate

The Supreme Court has held that two floors within the same building that do not immediately adjoin each other will be rated separately rather than as a single hereditament in Woolway v Mazars [2015]....

Sep
04
2015

Refugee crisis: the hard facts
#Immigration

The shocking images of the Syrian toddler Aylan Kurdi, washed up on a Turkish beach this week have spawned social media campaigns such as “refugees welcome” and provoked many calls for action....

Sep
04
2015

Scottish government plans to abolish employment tribunal fees
#Employment

The Scottish government has announced this week plans to scrap employment tribunal fees north of the border, using new powers included in the Scotland Bill....

Sep
03
2015

Visit India on an e-visa - welcome news for Britons travelling to India for business or pleasure
#Immigration #Employment

As of last month, UK passport holders wishing to visit India can apply online for an “e-Tourist visa”. Applications can be made online through the Government of India’s website, which enables applicants to upload documents, pay the fee of $60 (£39) and track their application. Once an application is submitted, visa entry documents should arrive by email within 4 days....

Sep
02
2015

Support us in the Reading Legal Walk!
#Clarkslegal

On Monday 21st September, Clarkslegal will be participating in the #ReadingLegalWalk to raise funds for advice agencies in Reading and the Thames Valley....

Aug
28
2015

Criminal record checks for Tier 1 and Tier 2 migrants
#Immigration

The government is introducing a new requirement for criminal record certificates to be provided as part of the visa application process....

Aug
28
2015

‘Right to be forgotten' enforced against Google
#Employment

The UK’s data protection authority - the Information Commissioner’s Office (ICO) - has issued Google with an enforcement notice requiring it to remove links to certain news stories....

Aug
28
2015

Does the six year limitation period for breach of contract apply in tribunals?
#Employment

Under the Employment Tribunals Extension of Jurisdiction Order 1994 (“the Order”) an employment tribunal may hear a breach of contract claim from an employee if it is one that ‘a court in England and Wales would under the law for the time being in force have jurisdiction to hear and determine’ and it arises or is outstanding on termination of the employee’s employment. ...

Aug
28
2015

Considerations for employers in the lead up to the Rugby World Cup
#Employment

The Rugby World Cup 2015 is being hosted by England and takes place between 18th September and 31stOctober 2015....

Aug
24
2015

Controlling Abusive Behaviour by Ex-Employees
#Dispute Resolution

The growth of the internet and the readily accessibility of platforms for public comment have made it easier than ever for disgruntled or vindictive ex-employees to make disparaging comments about their former employer and colleagues. ...

Aug
21
2015

Northern Ireland: new approach to lifting the suspension?
#Public Procurement

In a recent decision, the Northern Irish High Court has lifted the automatic suspension in a procurement challenge brought by Allpay against the Northern Ireland Housing Executive. This is interesting because in recent years the Northern Irish courts have appeared to adopt a more contractor-friendly approach to applications to lift the suspension, unlike the English courts where upholding the suspension is rare. However, the facts of the particular decision go some way to explain why the court decided against the contractor in this instance....

Aug
21
2015

Employee entitled to companion from an external organisation at disciplinary investigation
#Employment

In the recent case of Stevens v University of Birmingham, the High Court has held that the University of Birmingham breached the implied term of trust and confidence by not allowing one of its Professors to be accompanied to a disciplinary investigation meeting by a companion of his choice (Stevens v University of Birmingham [2015] EWHC 2300)....

Aug
21
2015

High Court refuses to order compliance with data access request where search is unreasonable and disproportionate
#Employment

Under the Data Protection Act 1998 (DPA) an individual can make a request to an organisation to find out what personal data it holds on them (often referred to as a subject access request)....

Aug
17
2015

What is the Gender Pay Gap and how do we measure it?
#Employment

The Government is committed to ensuring that every person realises their full potential and considers that gender equality will help achieve this. The consultation came as a surprise as it was not expected that a Conservative government would pursue gender equality as a priority. However, on reading the consultation and the background research undertaken by the Women’s Business Council, it becomes clear that the economic benefits of increasing the engagement of women at work are the driving force of the Government’s strategy in this area....

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