Clarkslegal LLP - Solicitors in Reading and London

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Mar
07
2016

Employee Engagement for growing businesses
#Employment

For all growing businesses, and for start-ups in particular, one concern which often appears at an early stage is the risk of dilution of the ethos of the organisation as new employees join who may lack buy-in to the founding concepts....

Mar
04
2016

Fluency in English and/or Welsh to be compulsory for public sector workers with customer-facing roles
#Immigration #Employment

The Immigration Bill 2016, which is working its way through Parliament, contains a requirement on public authorities to ensure that their workers (including agency workers) who are in customer-facing roles speak fluent English (or Welsh in Wales). Customer-facing roles are described as those which require workers to speak to members of the public (both face to face and on the telephone) as a ‘regular and intrinsic’ part of their role....

Mar
04
2016

Net migration to UK falls for first time in almost two years...a new trend?
#Immigration #Employment

Figures released by the Office of National Statistics last week, show that annual net migration to Britain (i.e. the number of individuals immigrating to Britain less those migrating from Britain) was at a figure of 323,000 for the year ending September 2015, 13,000 less than the figure reported three months prior. When compared with figures for 2014, net migration is on the increase, however this drop is the first time the net migration figures have fallen in 2 years. The small drop predominantly arose through a reduction in the amount of non-EU individuals immigrating to Britain....

Mar
04
2016

Supreme Court revisits the law on vicarious liability
#Employment

In the conjoined cases of Cox v Ministry of Justice and Mohamud v WM Morrison Supermarkets plc, the Supreme Court had to consider two aspects of vicarious liability. Firstly, whether an employment relationship is necessary for vicarious liability to apply and secondly, whether an employer can be held liable for the criminal acts of its employees. ...

Mar
04
2016

Government proposal to prohibit EEA-only recruitment by employment agencies
#Employment #UK Immigration

In October 2015 the Government consulted on proposed changes to the “Conduct Regulations”, which govern the recruitment sector. The response to the consultation was published by the Department for Business, Innovation and Skills (BIS) last week and confirms the Government’s intention to proceed with the majority of the proposals within the consultation....

Feb
29
2016

Temporary cessation of work and lay off of employees did not preclude TUPE from applying
#Employment

The Employment Appeal Tribunal has found that an employment tribunal was wrong in finding that TUPE did not apply where there had been a lay-off of employees as a result of a commercial dispute with the main contractor leading to termination of the contract before the new contractor took on the services (Mustafa v Trek Highways Services Ltd and others UKEAT/0064/15)....

Feb
26
2016

Take care when providing replies to pre-contract enquiries
#Real Estate

When selling a property, a standard procedure is for the seller to provide replies to enquiries raised by the Buyer and its solicitors. ...

Feb
25
2016

Holiday pay: British Gas appeal to EAT fails
#Employment

The Employment Appeal Tribunal (EAT) has upheld the employment tribunal’s finding in the case of Lock v British Gas that the Working Time Regulations (“WTR”) can be interpreted so as to be compatible with the EU Working Time Directive, with the effect that results-based commission payments should be included in the calculation of holiday pay....

Feb
23
2016

The Court of Appeal and TOWIE – more clarity on Part 36
#Dispute Resolution

The Court of Appeal has allowed the appeal in Sugar Hut Group –v- AJ Insurance, thereby allowing parties more confidence in predicting the consequences of a Part 36 offer. The case concerned a claim for damages arising from a fire at a nightclub that had featured prominently in “The Only Way is Essex”....

Feb
22
2016

Breaking holiday pay news – Mr Lock successful at EAT
#Employment

The Employment Appeal Tribunal (EAT) has today handed down its judgment in the case of Lock v British Gas and found in favour of Mr Lock....

Feb
19
2016

Sunday trading rules to be devolved to local authorities
#Employment

In August 2015 we blogged on the launch of the Government’s consultation into whether Sunday trading rules should be devolved to local areas in England and Wales. ...

Feb
19
2016

Option for redundancy was not a dismissal
#Employment

In the recent case of Khan v HGS Global Ltd, the employment contract of an employee who had opted to take redundancy over relocating was found to have terminated by mutual consent and, as such, there had been no dismissal. ...

Feb
18
2016

Immigration changes: NHS surcharge will be payable by Australians and New Zealanders
#Immigration

The Government has announced that from 6 April this year Australians and New Zealanders who spend more than 6 months in the UK will need to pay the Immigration Health Surcharge (IHS)....

Feb
17
2016

The Internet of Things v Privacy: what it means for the workplace
#Employment

The rapid development of the internet of things and monitoring technology in the workplace has brought into focus the tension between employees’ right to privacy and employers’ business interests....

Feb
12
2016

Gender Pay Gap Regulations published
#Employment

The government have today published the draft Gender Pay Gap Regulations and consultation. Below is an initial Q and A....

Feb
12
2016

Starbucks lose disability discrimination claim brought by claimant with dyslexia
#Employment

Starbucks have made the headlines having been found to have unlawfully discriminated and victimised an employee with dyslexia in a judgment issued by the Employment Tribunal this week....

Feb
09
2016

Upcoming requirements for PSC's
#Corporate

New laws relating to companies started to arrive in 2015 and will continue to arrive over the course of this year. Some will even have practical implications for your business at ground level, so all ears (or eyes) please......

Feb
08
2016

New requirements for landlords to check immigration status of tenants
#Dispute Resolution #Real Estate

From 1 February 2016, landlords of residential properties are now required to carry out ‘right to rent’ checks on prospective tenants to ensure that they have the right to live in the UK before granting a tenancy. Failure to carry out the requisite checks can leave landlords liable to pay a fine of up to £3,000....

Feb
05
2016

Why business owners might not want to leave everything to their spouse
#Private Client

If you are married and have an interest in a business, it’s worth considering whether your Will is as inheritance tax efficient as it can be. ...

Feb
05
2016

Is the winding up route a viable solution for non-payment in construction disputes? – Wilson and Sharp Investments Ltd v Harbour View Developments Ltd [2015]
#Construction

Cash flow is the life blood of every construction company. Failure to manage cash flow could lead to the demise of the company, which makes getting paid quickly by clients crucial. ...

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