Clarkslegal LLP - Solicitors in Reading and London

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Jun
26
2015

When does the duty to consult arise in a collective redundancy?
#Employment

The issue of what is meant by “establishment” for the purpose of collective redundancy consultation having been dealt with recently by the European Court of Justice, the next vexed issue on collective consultation is at what point in the employer’s decision making processes does the obligation to consult arise?...

Jun
24
2015

Minimum salary requirement of £35,000 for migrant workers wishing to settle in the UK
#Immigration

Immigration issues have been in the news again this week following comments from the Royal College of Nursing (RCN) that up to 3,365 nurses currently working in the UK may be forced to leave after upcoming changes are made to the immigration rules....

Jun
24
2015

Am I a commercial agent?
#Dispute Resolution

Agency arrangements often arise informally, and we are sometimes consulted by agents and principals who are not sure whether they fall within the Commercial Agents (Council Directive) Regulations 1993 (the Regulations) or not. ...

Jun
19
2015

"Nothing in principle" to prevent voluntary overtime being included in holiday pay
#Employment

A Northern Ireland appeal has been allowed on the decision in Patterson v Castlereagh NIIT/1793/13 after the employer’s legal representatives conceded that there is “nothing in principle” to prevent voluntary overtime being included in holiday pay....

Jun
18
2015

Non exclusivity meant GP was self employed, not a worker
#Employment

How relevant is it to worker/employee status that the individual in question works exclusively in that role for a single employer?...

Jun
18
2015

Can the client decide who transfers under TUPE?
#Employment

In Jakowlew v Saga Care, the client local authority issued an instruction to its contractor requiring it to remove the Claimant, a care worker, from the contract....

Jun
15
2015

The monthly cap on Tier 2 visas has been reached for the first time
#Immigration

It has been reported that the cap on the number of Tier 2 visas permitted each month has been reached for the first time since its introduction in 2011....

Jun
12
2015

Government announces review of its employment tribunal fees
#Employment

The government has announced a review of employment tribunal fees....

Jun
11
2015

Estoppel – used to defend an Employer’s deduction?
#Construction

In a recent case, the Technology and Construction Court (TCC) has provided some guidance on the legal doctrine known as “estoppel by convention”....

Jun
11
2015

'Vexatious' allegations of race dismissal can lead to fair dismissal
#Employment

‘Vexatious, malicious and frivolous’ allegations of race discrimination can lead to fair dismissal....

Jun
11
2015

Is it discriminatory to dismiss for offensive religious views?
#Employment

If one employee voices her religious views, and this causes upset or offence to another employee, would it be discriminatory to dismiss?...

Jun
11
2015

TUPE: Can a sub-contractors' employees transfer to the client when the work is taken back in-house?
#Employment

It is common for services to be contracted out to by a client a main contractor and then for that main contractor to then sub-contract some or all of the services to a sub-contractor....

Jun
11
2015

When does banning religious dress at work amount to religious discrimination?
#Employment

Can an employer insist that an employee does not wear specific religious dress for work? When would this be religious discrimination?...

Jun
08
2015

The Red Tape Challenge
#Corporate

In its 2013 consultation paper, “Red Tape Challenge: Company Filing Requirements”, the Government considered proposals to simplify a company’s statutory filing requirements, to reduce duplication and improve flexibility in companies' dealings with the Registrar. ...

Jun
04
2015

Inability to work on Saturdays leads to successful indirect discrimination claim
#Employment

A woman who observes Shabbat (the Jewish day of rest from sundown on Friday to sunset on Saturday) has won a claim of indirect discrimination on the grounds of her religion after she was refused employment....

Jun
04
2015

The correct way to calculate deductions following a strike
#Employment

If employees take strike action their pay is withheld for the time that they do not work. How should the amount of pay which is withheld be calculated?...

Jun
04
2015

Dismissal of Bus Driver seen using a mobile phone was fair
#Employment

It is illegal to drive whilst using a mobile phone, that is well known. However, if an employee is seen driving whilst using a mobile phone would that be grounds for a fair dismissal?...

Jun
01
2015

Clarkslegal’s corporate team continues its impressive run of deals...
#Corporate

It’s been a busy year for Clarkslegal’s corporate team, with the team acting on a number of corporate transactions. ...

May
29
2015

Zero-hours exclusivity clause ban and £20,000 national minimum wage fines in force
#Employment

Provisions in the Small Business, Enterprise and Employment Act 2015 (passed by the Coalition Government) that make exclusivity clauses in zero-hours contracts unenforceable came into force this week. Also now in force is the increase in the maximum financial penalty for underpayment of the national minimum wage to £20,000 per worker....

May
29
2015

Immigration Bill: Government proposes new enforcement powers
#Immigration

Wednesday’s Queen’s Speech, which marked the state opening of parliament, set out the new government’s ‘one-nation’ programme of legislation. The Immigration Bill featured amongst a total of 26 bills proposed and its aim is to “control immigration”....

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