Clarkslegal LLP - Solicitors in Reading and London

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Dec
06
2016

Autumn Statement
#Employment

Last week the Chancellor of the Exchequer, Philip Hammond, gave his first Autumn Statement....

Dec
06
2016

New Sanctions to Enforce National Minimum Wage/National Living Wage
#Employment

On 25 November 2016, two new sanctions came into force which can be used by HMRC where it finds a failure to pay the applicable rate of National Minimum Wage/National Living Wage....

Dec
02
2016

Tech City reports a surge in applications for Exceptional Talent endorsements
#Immigration #Entrepreneurs & Start-Ups

Tech City reported a huge increase in applications for visas that allow non-EEA tech workers to work in “exceptionally talented” roles in the UK. ...

Dec
02
2016

When are directors liable for their company’s acts?
#Directors' Duties #Dispute Resolution

Companies have limited liability. Does this mean that their directors can never be liable for the acts of the companies? This was the question before the Court in Victoria Plum Limited -v- Victoria Plumbing Limited & Others. ...

Nov
25
2016

Implied terms can’t save a contract that doesn’t exist
#Dispute Resolution #Commercial

The Court is frequently asked to determine whether an estate agent is entitled to commission. Most commonly, such cases involve a dispute over who ...

Nov
25
2016

No cuts to restrictive covenants
#Dispute Resolution #Corporate

Restrictive covenants are commonplace in both business sale agreements and employment contracts. Claims based on such covenants invariably turn on whether ...

Nov
25
2016

Dishonesty in the workplace
#Employment

You may have seen in the news the case of Mrs Wood, a senior nurse, who recorded her colleague’s temperature on a screening form at Heathrow Airport as 37.2C despite knowing it to be at least one degree higher. ...

Nov
25
2016

EU General Data Protection Regulations in a (nearly) post-Brexit UK…
#Employment

Earlier in the year and before the Brexit results were announced we blogged on the EU General Data Protection Regulation (the Regulation) and the impact that this would have on employers going forward. But, what’s the story now the UK has voted to leave the EU - will the Regulation still apply to the UK?...

Nov
25
2016

Insensitive decisions could lead to unfair dismissals
#Employment

In Thomas v BNP Paribas Real Estate, the Employment Appeal Tribunal (EAT) held that a Tribunal’s finding that a redundancy process was ‘insensitive and perfunctory’ did not easily sit with its ultimate decision that the process was reasonable and the dismissal fair. ...

Nov
25
2016

Tribunal runs out of patience for litigant in person
#Employment

In Liddington v 2gether NHS Foundation Trust, the Employment Appeal Tribunal (EAT) upheld an Employment Tribunal’s (ET) decision to award costs against the Claimant, who was acting in person....

Nov
23
2016

Paris Saint Germain’s Serge Aurier Denied UK Visa
#Immigration #Employment

The Guardian 22 Nov 2016 reported that Paris Saint Germain defender, Serge Aurier, has been refused permission by the Home Office to travel to England for today’s Champions League match against Arsenal....

Nov
23
2016

JCT launch of the Standard Building Contract 2016 edition
#Construction

The Joint Contracts Tribunal (JCT) has published the third of its 2016 edition of contracts, the JCT Standard Building Contract suite....

Nov
18
2016

Bereavement leave for parents
#Employment

Unlike many other countries, in the UK there is no minimum entitlement to bereavement leave. There is a requirement for an employer to give unpaid emergency leave to take action required due to a dependent’s death but this is only expected to cover leave for funeral arrangements rather than actual time to grieve. ...

Nov
18
2016

Segregation by gender not sex discrimination
#Employment

Treating male and female staff differently will not be direct sex discrimination, unless one group is treated less favourably than the other as a result....

Nov
18
2016

Don’t ask don’t get? Not according to the Employment Appeal Tribunal…
#Employment

The Employment Appeal Tribunal (EAT), in Grange v Abellio London, has ruled that an employee does not have to actually request a rest break before making a claim that they have been refused rest breaks....

Nov
17
2016

Acceptable investments for Entrepreneur visa applicants
#Immigration #UK Immigration #Entrepreneurs & Start-Ups #Franchising

The Tier 1 Entrepreneur visa route is for non-European migrants who want to invest in the UK by setting up or taking over and being actively involved in the running of a business or businesses here. The UK is one of the most open economies in the world and applicants can generally invest in most types of businesses but there are some exceptions....

Nov
16
2016

Collaboration in Supply Chains
#Employment

The importance of enhanced collaborative working with suppliers is that it may provide a more trustworthy system of engagement, to include the workforce of the suppliers. ...

Nov
15
2016

The Continuing Dangers of Acting on a Letter of Intent
#Commercial #Construction

Letters of Intent (LOI) are much used by parties at the start of their contractual relationship – usually where there is a need to place orders or start work but the contract and its terms have not been fully finalised....

Nov
11
2016

TUC: Workers paying the price for tribunal fees
#Employment

New figures published by the Trades Union Congress (TUC) show that the number of claims challenging unfair dismissals and discrimination at work has fallen by 9,000 a month and blames this reduction on the introduction of employment tribunal fees in July 2013....

Nov
11
2016

Trade Union Detriments: Burden of Proof
#Employment

In Dahou v Serco Ltd, Mr Dahou alleged that he had not been dismissed for the gross misconduct alleged but due to his trade union activities....

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