Clarkslegal LLP - Solicitors in Reading and London

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May
20
2016

New case on damages paid to Tenant for Landlord’s breach of covenant
#Dispute Resolution #Real Estate

Those of you who attended our property seminar on 11 May 2016 heard about the circumstances in which a Tenant can recover damages from their Landlord where their Landlord has breached terms of the Lease...

May
19
2016

Immigration Bill receives Royal Assent
#Immigration

On 12 May the Immigration Bill received Royal Assent and will now be implemented as the Immigration Act 2016. The Act seeks to address issues around illegal migrants living in the UK....

May
19
2016

Employers could be vicariously liable for privacy breaches
#Employment

The recent High Court decision of Axon v Ministry of Defence and News Group Newspapers Ltd suggests that employers can be held vicariously liable for their employees’ breaches of confidence and privacy....

May
19
2016

NHS Trust fined £180,000 over data protection breach
#Employment

The Information Commissioner’s Office (ICO) have fined Chelsea and Westminster Hospital NHS Foundation Trust £180,000 after it revealed the email addresses of 781 users of an HIV service....

May
19
2016

Teacher’s dismissal following husband’s criminal conviction held to be indirect religious discrimination
#Employment

In the case of Pendleton v Derbyshire v County Council, a teacher who was dismissed for remaining with her husband following his conviction of voyeurism and making of indecent images of children successfully appealed a tribunal’s decision to reject her claim for indirect religious discrimination. ...

May
13
2016

Heels and Dress Codes: temp worker seeks to stamp down on sex discrimination
#Employment

This week has seen the widely reported story of Nicola Thorp, a temporary receptionist, who was sent home without pay for refusing to wear heels at work. Ms Thorp started an e-petition seeking to give women the choice whether to wear flats or heels at work and, to date, has in excess of 100,000 signatories, triggering the possibility of a Parliamentary debate on the issue. The company concerned has now amended its policy to allow female workers to wear flats. So, in light of this, what is the law regarding high heels at work?...

May
12
2016

EAT further loosens causal test for discrimination arising from disability claims
#Employment

The recent case of Risby v London Borough of Waltham Forest has arguably further extended the scope of discrimination arising from disability claims by loosening the causal link required between the employee’s disability and the employer’s treatment complained of....

May
12
2016

An employee negotiating a settlement could still claim constructive dismissal
#Employment

In the case of Gibbs v Leeds United Football Club, the High Court found that the Claimant, Mr Gibbs, had been constructively dismissed when he resigned in response to a demotion, even though he had been in negotiations over his exit....

May
10
2016

Managing Cybersecurity in Your Business
#Commercial

Cyber attacks can lead to all sorts of crises and don’t just stop at preventing you from getting on with your business. You might just find yourself in breach of your legal obligations....

May
10
2016

Join the Revolution: Going Circular
#Corporate

A large majority of offices these days have recycling bins but, unfortunately, these bins are sometimes more symbolic and decorative than functional....

May
09
2016

The reformulated penalty rule
#Construction

Following the decision in Cavendish Square Holding BV v El Makdessi and ParkingEye Ltd v Beavis [2015] when drafting liquidated damages provisions, parties should identify and document the applicable legitimate business interest that necessitates liquidated damages. Parties should then consider whether the remedy for breach is ‘extravagant, exorbitant or unconscionable’. ...

May
09
2016

Measuring the environmental performance of a building through BREEAM
#Construction

Clauses which deal with BREEAM requirements are commonly used in professional appointments and building contracts. This article summarises what BREEAM is and what parties to a professional appointment or building contract should consider when using BREEAM. ...

May
09
2016

Sustainable Courtrooms? Slowly but surely…
#Dispute Resolution

For many clients, one of the most surprising and daunting aspects of litigation is the sheer volume of paperwork. To assist the court, documents are collated, tabulated, indexed, paginated, and duplicated many times over, and then transported across the city and beyond, all in anticipation of debates which may be decided in a matter of minutes in the court room. The large cost of materials and labour can unsurprisingly appear wasteful to a new litigant, both economically and environmentally, given the availability of technology which could significantly reduce the need for these costs....

May
06
2016

EU General Data Protection Regulation – The impact on employers
#Employment

The existing law on data protection within the EU is based on a European directive introduced over 20 years ago. There is no uniform approach to data protection across the EU and significant advances in technology means the current law is out of touch with the modern world....

May
06
2016

Restrictive covenants...are they restricting more than just former employees?
#Employment

As part of its new Innovation Plan, the Government has asked businesses across the UK for their views on whether ‘non compete clauses’ in employment contracts are obstructing the UK’s innovativeness and employment opportunities. ...

May
06
2016

Trade Union Bill receives Royal Assent: A breakdown for employers
#Employment

The Trade Union Bill received Royal Assent yesterday and has now become the Trade Union Act! Its passage through parliament was a turbulent one with the Bill receiving significant criticism from opposing MPs and Peers. As a result, the Government was forced to make a number of concessions. One of these concessions was to abandon proposals to abolish the check-off system (the practice of collecting union subscriptions via employees’ pay). The check-off system has survived with the compromise being that the administrative and financial burden of the check off system will belong to the unions....

May
05
2016

The Internet of Things – Legal Issues arising from Smart Buildings
#Real Estate

The Internet of Things (‘IoT’) is not a particularly novel concept: the idea that everyday items be connected to the internet and be enabled to send and receive data is something which has been in development for a while. More and more ‘uses’ for this type of technology are being developed....

May
05
2016

What will a Brexit mean for the UK Property market?
#Real Estate

The prospect of the upcoming referendum on a British exit from the EU, or ‘Brexit’, is the currently the centre of much debate. It is very difficult to envisage what a post-Brexit Britain would look like; in the event of a leave vote, there is no blueprint for the terms of the settlement which would need to be negotiated with our European cousins....

May
03
2016

What exactly needs changing? Re-organisations and contract terms issues for HR
#Employment

It is a frequent issue for HR that a decision is made to carry out some organisational change that impacts all or any of working hours, shift arrangements, rates of pay, duties to be carried out, and other similar matters that not surprisingly make employees feel unsettled or, in some cases, militantly opposed to the employer's plans....

Apr
29
2016

Wanted: Practicability and precision for re-engagement orders
#Employment

The recent case of Lincolnshire County Council v Lupton has highlighted the need for Tribunals to consider the practical implications of re-engagement and ensure that any terms of re-engagement are expressed with a suitable degree of detail and precision....

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