Clarkslegal LLP - Solicitors in Reading and London

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Oct
16
2015

Sleeping time when on call and living on site not subject to minimum wage
#Employment

The EAT has confirmed that an on-call night worker who lives at his place of work is only entitled to the National Minimum Wage for the time he is actually awake and carrying out his employment duties....

Oct
16
2015

Failure to give notice of redundancies can lead to unlimited criminal fines and disqualification from office
#Employment

It has been reported this week that the Chief Executive of Sports Direct, Dave Forsey, is to face criminal charges for the failure on the part of a company of which he was company secretary, to inform the Department for Business, Innovation and Skills (BIS) of proposed redundancies. The case serves as a timely reminder of how the mishandling of collective redundancies, typically in an insolvency situation, can land company directors/secretaries and company insolvency practitioners with criminal fines and disqualification from office....

Oct
13
2015

Transfers of Personal Data from EU/EEA Countries
#Corporate #Commercial

On 6 October this year, the European Union’s judicial body, the Court of Justice (ECJ), ruled, in the case of Schrems v [Irish] Data Protection Commissioner, that the “Safe Harbour” agreement between the US and the EU, which has allowed personal data to be transferred legally between EU countries and the US for 15 years and which some 4,000 US companies currently rely on, is invalid. ...

Oct
12
2015

New Consumer Rights Act 2015
#Dispute Resolution

The Consumer Rights Act 2015 which came into force on 1 October 2015 marks one of the biggest overhauls of consumer law in recent years. The aim of the new Act is to make the law clearer and easier to understand. ...

Oct
12
2015

Why owners of overseas properties in Europe should review their Wills following the introduction of the Brussels IV (EU Succession Regulation)
#Private Client

The Brussels IV regulations have recently been introduced and affect all those owning property overseas in any of the 27 EU member states other than Denmark, Ireland and the UK....

Oct
12
2015

When is a collateral warranty a ‘construction contract’?
#Construction

In Parkwood Leisure Limited v Laing O’Rourke Wales and West Limited [2013] the TCC held that the parties’ collateral warranty was a construction contract within the meaning of section 104 of the Housing Grants, Construction and Regeneration Act 1996 (as amended) (the “HGCRA”)...

Oct
09
2015

Shared parental leave and pay to be extended to working grandparents
#Employment

At the Conservative Party conference this week the Chancellor announced that the Government will extend shared parental leave and pay to working grandparents, to increase flexibility and choice in parental leave arrangements....

Oct
09
2015

Failure to provide medical information during recruitment
#Employment

The Glasgow bin lorry crash has raised some serious questions about the medical information that should be provided by individuals applying for a new job....

Oct
05
2015

Business Rates – What a Relief!
#Real Estate

Some long awaited news on the future of Business Rates was today revealed by George Osborne at the Conservative Party conference....

Oct
02
2015

How do you deal with copyright to your software if you have no contract with the developer commissioned to create it?
#Commercial

Imagine you had a genius idea for a computer software programme, like an app (more officially known as an application!), and then commissioned a developer to create a software programme. For one reason or another, the ownership of the copyright (generally the main intellectual property right to software) comes into question, and you have to determine who owns it. Before we move any further, we should probably explain that copyright aims to protect the form of expression of your idea (in this case, the software) and not your idea, per se. ...

Oct
02
2015

Public sector pay in the spotlight
#Employment #Public Sector

There’s been a lot discussion in the news this week about public sector pay, with a particular focus on the NHS....

Oct
02
2015

October changes - 5 points for employers to consider
#Employment

On 1 October 2015, further provisions of the Deregulation Act 2015 (“Act”) were put into place....

Sep
29
2015

Brokers’ duties in the context of the Insurance Act 2015, Jones v Environcom and Eurokey v Giles
#Construction

With the Insurance Bill 2015 being granted royal assent earlier this year, the insurance industry has been scrambling to ensure it is well-prepared for the changes that will occur in UK insurance contract law, especially since it is to replace the 109-year-old Marine Insurance Act 1906. The Insurance Act will come into force in August 2016....

Sep
28
2015

Contracting authorities: check your specifications
#Public Procurement #Outsourcing & Supply Chain

A recent case before the European Court of Justice has underlined the need for contracting authorities to carefully check contract specifications before publishing tenders....

Sep
25
2015

£184,000 unpaid wages award in first caste discrimination case
#Employment

Permila Tirkey has been awarded almost £184,000 in unpaid wages from her former employers after a landmark case in which her caste was taken into consideration as part of her race discrimination complaint....

Sep
25
2015

Immigration skills charge for UK employers
#Immigration

The recently published Immigration Bill, coming less than a year after the Immigration Act 2014 took effect, builds on the Conservative Government’s objective to make Britain a more hostile environment for undocumented migrants....

Sep
18
2015

Discrimination arising from disability - knowledge and justification key
#Employment

Employers should sit up and take note of the recent decision in Hall v Chief Constable of West Yorkshire Police, which involved a claim of discrimination arising from disability. ...

Sep
18
2015

Working Time Security for Mobile Workers
#Employment

According to the European Court of Justice, in a case against the Security and Fire Company, Tyco, mobile employees who do not have a fixed place of work should be treated as being on working time from the moment they leave home and travel to their first work assignment and then, at the other end of the day, when they leave their last appointment and travel back home...

Sep
17
2015

Clarkslegal's Corporate Team Acts for Fast Growing RIM Company
#Clarkslegal #Corporate

Clarkslegal Acts for EU Company, OASIS, in its Recent Acquisitions of Three UK-Based Data Storage Businesses....

Sep
15
2015

Update on the Public Contracts Regulations 2015
#Public Procurement

On 26th February 2015 the Public Contracts Regulations 2015 (SI 2015/102) (“the Regulations”) were published. They implemented the EU Public Sector Procurement Directive 2014/24/EU which was brought in with the intention of simplifying the existing regime, providing additional flexibility for contracting authorities, and codifying recent European case law. ...

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