Clarkslegal LLP - Solicitors in Reading and London

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Mar
20
2014

Procurement Update: New EU Procurement Directives
#Public Sector

The Cabinet Office has published an update confirming that the 2014 EU procurement directives (which were approved by the EU Council on 11 February 2014) will be published in the Official Journal on 28 March 2014 and will come into force on 17 April 2014. Member states will then have two years to transpose the Directives into national legislation....

Mar
18
2014

Not discrimination where the reason for mistreatment was immigration status
#Immigration

The Claimants in the cases of Owu v Akwiwu; Taiwo v Olaigbe were both Nigerian nationals who came to the UK after being granted visas to work as migrant domestic workers for two separate families. Both were subsequently badly treated and exploited by their employers, through long working hours, underpayment, restrictive living conditions and physical and verbal abuse. The Claimant`s were success...

Mar
14
2014

Business and consumer confidence on the up - but businesses need to invest to sustain the economic recovery
#Corporate

Addressing an exclusive audience of Thames Valley senior executives, the CBI`s Director of Economics Stephen Gifford announced last week that the UK economy is gathering momentum and is currently enjoying record levels of business optimism. However, he cautioned that to sustain this recovery, it is imperative that businesses increase investment....

Mar
14
2014

Covert recording of manager`s "private" comments admissible in ET
#Employment

It`s easier than ever before for employees secretly to record disciplinary, appeal and grievance meetings, using their mobile phones. But are these secret recordings admissible as evidence before an employment tribunal? According to the EAT in Chairman and Governors of Amwell View School v Dogherty, that depends on whether the recording is of the ‘open` part of the hearing (i.e. the part during...

Mar
14
2014

National Minimum Wage Regulations Published
#Employment

In January we reported that the Government had published draft regulations increasing the financial penalty for employers who fail to pay their workers national minimum wage.  The final regulations - The National Minimum Wage (Variation of Financial Penalty) Regulations 2014 - have now been published and came into force on 7th March 2014.  These regulations increase the financial penalty from 50%...

Mar
13
2014

BIM is here to stay
#Construction

Building Information Modelling is its official label; but BIM is essentially about effective sharing and management of information for the collective benefit of all involved on a construction project....

Mar
12
2014

Maintaining legal privilege over your documents
#Dispute Resolution

It is a fundamental principle of the English legal system that certain documents recording legal advice or prepared for the purpose of anticipated legal proceedings are inadmissible as evidence in Court proceedings. Such communications are protected by what is known as legal privilege...

Mar
11
2014

Clarkslegal closes corporate deals for Chatterbox Labs and Lion Apparel
#Corporate

Clarkslegal`s corporate team, headed by partner Ashan Arif, recently advised London-based language processing technologies company, Chatterbox Labs, on a restructuring of its shares....

Mar
10
2014

Knightsbridge sets the standard
#Construction

The recent High Court case of 199 Knightsbridge Development Ltd v WSP UK Ltd deals with the standard of care owed by professionals...

Mar
07
2014

Abolition of statutory discrimination questionnaires from 6 April 2014
#Employment

The Order that abolishes the Equality Act`s statutory discrimination questionnaires has now been published. This will mean that individuals won`t be able to obtain information from their employers using the prescribed questionnaire procedure where the discriminatory acts complained of take place on or after 6 April 2014. The procedure can still be used for acts occurring before this date though....

Mar
07
2014

ACAS early conciliation mandatory from 5 May 2014
#Employment

ACAS early conciliation for tribunal claims comes into force on 6 April 2014. It will be mandatory from 6 May 2014, meaning that from that date, all employment tribunal claims, with very few exceptions, must first go through ACAS conciliation before the claim can proceed. Transitional provisions cover the period between 6 April and 5 May 2014 during which the new early conciliation procedure will be available to prospective claimants, although not mandatory.The prohibition on issuing proceedings without an early conciliation certificate may apply if a prospective claimant commences early conciliation in the period beginning 6 April 2014 and ending on 5 May 2014, and presents a tribunal claim on or before 5 May 2014....

Feb
28
2014

Buddy update - flexible working
#Employment

We recently reported that the new changes surrounding an employee`s right to request flexible working arrangements had been delayed. The new rules were due to come into force on 6 April 2014, however, the government has since announced a new implementation date of 30 June 2014....

Feb
28
2014

A person`s name is personal data
#Employment

An individual (data subject) has the right to access personal data about them from anyone who may hold this (data controller) and can write to the data controller to request sight of this data.  This can be done as a data subject access request or, where the request is made of a public authority, a freedom of information request.  Personal data is defined as data which relates to a living indivi...

Feb
28
2014

Failure to make reasonable adjustments was a continuing act
#Employment

In the recent case of Secretary of State for Work and Pensions (Jobcentre Plus) v Jamil and others the EAT held that an employer`s failure to make reasonable adjustments was a continuing act and not a one-off omission meaning that the three month time limit to bring a claim did not start running from the date of the initial failure. Under the Equality Act 2010, if a disabled person is put at a s...

Feb
27
2014

New tribunal award limits set to increase from 6 April 2014
#Employment

The limits on employment tribunal awards and other amounts payable will increase on 6 April 2014. See our updated HR Facts & Figures. In cases involving dismissal, the new limits will apply where the effective date of termination falls on or after 6 April 2014....

Feb
25
2014

Flooding and Property Insurance
#Real Estate

The ongoing floods, following the wettest winter on record, have affected almost everyone in some way and have dominated the headlines over the past few weeks. This crisis has come against the backdrop of an already challenging situation with regard to insurance for properties in areas liable to flood....

Feb
25
2014

Illegal worker succeeds in sexual harassment claim against employer
#Immigration

In the case of Wijesundera v Heathrow 3PL Logistics Ltd the EAT held that a Sri Lankan national who was working without a work permit was able to bring a claim of sexual harassment. On applying for work with the Respondent, the employee informed them that she required a visa to lawfully work in the UK. In the months before she started work she visited the Respondent`s offices to discuss work and...

Feb
21
2014

ACAS early conciliation: comes in from 6 April 2014 and is mandatory from 6 May 2014
#Employment

The ACAS early conciliation (EC) procedures for tribunal claims will come into force on 6 April 2014. Transitional provisions cover the period between 6 April and 5 May 2014 during which EC will be available to prospective claimants. EC will be mandatory for claims presented on or after 6 May 2014. Other points to notes are that following some changes to the draft rules, as an alternative to su...

Feb
21
2014

Dismissal fair despite employer`s failure to follow independent panel`s decision on appeal
#Employment

The EAT has found that an employer who had dismissed an employee for gross misconduct was not required to follow the decision of an independent panel, who had heard the employee`s appeal and which overturned the employer`s decision to dismiss. The fact that the employer did not implement the panel`s decision did not render the dismissal unfair. Importantly, the tribunal had found that the empl...

Feb
21
2014

Update on union sweetheart deals and breach of European Law
#Employment

On 31st January 2013 we reported on a recent High Court case in which it was held that recognition agreements with ‘sweetheart unions` which effectively ‘block` statutory recognition from being sought are in breach of Article 11 of the European Convention of Human Rights. The High Court withheld its final order in this case and gave the union involved - the Pharmacists` Defence Association Union...

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