Clarkslegal LLP - Solicitors in Reading and London

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Feb
02
2018

Sponsoring students under Tier 2 work visas – new rules
#Immigration #Inward Investment #Employment

Tier 2 sponsors will be pleased to hear that rules which came into effect from 11 January 2018 now allow Tier 4 Students on non-PhD courses to switch to a Tier 2 General visa when they have completed their course....

Feb
02
2018

Caution: Non-renewal of fixed term contract was unfair dismissal
#Employment

The recent case of Royal Surrey County NHS Foundation Trust v Drzymala serves as a reminder to employers that the non-renewal of a fixed term contract will be a dismissal and that the usual principals governing unfair dismissals will apply. ...

Feb
02
2018

‘UK businesses seek opportunities in China after Brexit’- Michael Sippitt comments on CNBC
#Commercial #Press

British Prime Minister Theresa May brought along a 50-strong business delegation to China. Deals worth an estimated $12 billion are expected to be signed. As the terms of a Brexit remain uncertain, United Kingdom businesses are looking to tap into the Chinese market, more so than ever....

Feb
02
2018

Personal motivation required for whistleblowing detriment
#Employment

In the case of Malik v Cenkos Securities Plc, the Employment Appeal Tribunal (“EAT”) found that for there to be a causal link between a protected disclosure and detrimental treatment, the individual accused of the detrimental treatment must be personally motivated by the disclosure. ...

Feb
01
2018

GDPR: UK leading the field?
#Data Protection

A recently reported survey carried out by data cleansing specialist, W8 Data, has found that the UK is significantly more confident than other EU countries that it can comply with the GDPR when it comes into force in May this year. ...

Feb
01
2018

Public procurement: will my bid remain confidential?
#Public Procurement

One of the concerns bidders often have when submitting tenders for public contracts is whether other bidders will be able to obtain access to their confidential pricing information and other commercially sensitive information. ...

Jan
26
2018

Restricted CoS crisis – now doctors are blocked from entering UK
#Immigration #Inward Investment

A few weeks ago we wrote about how the Home Office’s Restricted CoS limit was reached in December and many employers saw their applications refused. ...

Jan
26
2018

Monica Atwal comments in Metro on ‘What should you do if you’re sexually harassed at work?’
#Employment #Press

The last 12 months have seen a monumental cultural change, particularly for women. With the #MeToo movement, people are able to call out sexual abuse and harassment in ways that wouldn’t previously have been possible....

Jan
25
2018

Creative attempt by union to expand the scope of statutory recognition fails
#Employment

As we predicted, the Central Arbitration Committee (CAC) has rejected an application by a trade union for statutory recognition to negotiate directly with the University of London on behalf of a group of workers who work at the university but who are employed by Cordant Security, a facilities management company. ...

Jan
25
2018

Whistleblowing claim against co-workers knows no boundaries
#Employment

In the recent case of Bamieh v EULEX Kosovo and ors, the Employment Appeal Tribunal (“EAT”) found that an employee could bring whistleblowing detriment claims against co-workers for events which allegedly took place whilst on secondment in Kosovo. ...

Jan
25
2018

Union correspondence was not disclosable
#Employment

In Dhanda v TSB Bank Plc, the claimant had been dismissed for gross misconduct. ...

Jan
19
2018

Covert surveillance breaches right to privacy and data protection law
#Employment #Data Protection

Covert surveillance at work was found to be in breach of the right to privacy and data protection law by the European Court of Human Rights(ECtHR) in Lopez Ribalda & Ors v Spain....

Jan
19
2018

Compensatory rest must be truly equivalent
#Employment

Under the Working Time Regulations a worker is entitled to a 20 minute rest break if they work over six hours. ...

Jan
18
2018

Tier 2 Sponsors: Role of the Authorising Officer
#Immigration #Inward Investment #Employment

Businesses with sponsor licences have a huge responsibility to ensure that the points based system is not abused. The role of the Authorising Officer is to effectively manage the licence and ensure the employer is not in breach of its sponsor duties. ...

Jan
17
2018

Your client is insolvent – six practical steps
#Construction

As contractor, subcontractor or consultant, the nightmare scenario of your client/main contractor entering insolvency might be unavoidable. This might happen despite thorough pre-contract checks and risk protection measures. It’s important to remember that the type of insolvency will influence the likely outcome: Whilst the purpose of administration is to rescue the business or achieve a better realisation of assets, the purpose of liquidation is to realise assets for creditors. This article identifies six things to consider....

Jan
15
2018

Your questions answered - ICO publishes FAQs
#Data Protection

With the General Data Protection Regulation (GDPR) deadline growing closer, the Information Commissioner’s Office (ICO) has published 12 ‘frequently asked questions’ about the regulations....

Jan
12
2018

Lack of GDPR preparation among 2.1million SMEs
#Data Protection

With 5 months to go until the General Data Protection Regulation (GDPR) kicks in, research conducted by The Data Compliance Doctors suggests an alarming amount of SMEs could be at risk of breaching the GDPR the day it comes into effect if they do not take action soon....

Jan
12
2018

New DBS application procedure introduced in England and Wales
#Employment

Basic criminal records checks provide details of an individuals’ convictions and conditional cautions considered to be “unspent” under the Rehabilitation of Offenders Act 1974....

Jan
12
2018

Perceived disability claim upheld by the EAT
#Employment

In The Chief Constable of Norfolk v Coffey the EAT held that an employer’s belief that an employee’s hearing problem may become a disability in the future amounted to direct perceived disability discrimination....

Jan
12
2018

Perspective on the Commonwealth as a Trade and Investment Bloc
#Clarkslegal

Michael Sippitt on 12 January attended a meeting in London organised by the Commonwealth Enterprise and Investment Council, the High Commission of India and the Federation of Indian Chambers of Commerce and Industry, addressed by Mr Suresh Prabhu, Minister of Commerce and Industry of India....

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