Clarkslegal LLP - Solicitors in Reading and London

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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....

Nov
10
2016

Home Office’s Online Permanent Residence service for EEA Nationals
#Immigration #Employment #UK Immigration #Clarkslegal

EEA or Swiss nationals wishing to apply for a Permanent Residence document can now do so using the Home Office’s new online service. The service which was introduced last month, can be used by most EEA nationals. It does not, however, apply to students or those who are self-sufficient and are either reliant on a family member for support or are financially responsible for any other family members....

Nov
07
2016

Major changes for Lasting Powers of Attorney
#Private Client

The High Court recently reversed a decision made by Senior Judge Lush in the Court of Protection concerning the joint appointment of attorneys in Lasting Powers of Attorney. (Miles and another v Public Guardian [2015] EWHC 2960 (Ch).)...

Nov
04
2016

Rising earnings for the low-paid
#Employment

Figures released this week from the Office for National Statistics (ONS) show a trend of rising earnings for the low-paid....

Nov
04
2016

‘Bert and Ernie’ cake gives bakers food for thought…
#Employment

The Court of Appeal in Northern Ireland has upheld the decision that a bakery which refused to fulfil an order for a cake with a slogan supporting gay marriage amounted to sexual orientation discrimination....

Nov
04
2016

Grouping misconduct – a cautionary tale…
#Employment

In Broecker v Metroline Travel Limited, Mr Broecker was dismissed from his role as a bus driver for misconduct reasons. His employer specified four separate acts of misconduct: two for not following company policy when reporting bus faults and two for making unnecessary journeys after discovering a potential fault....

Nov
04
2016

New pre-action protocol for Construction and Engineering Disputes
#Construction

TeCSA has released the new Pre-Action Protocol for Construction and Engineering disputes, which is expected to come into force on 9 November....

Nov
04
2016

Business Immigration Update: Changes to Tier 2 Route Announced for 24 November 2016
#Immigration

Yesterday, the UK government announced changes to the immigration rules which will affect Tier 2 visa applications made on or after 24 November 2016....

Nov
03
2016

Ashamed of your employer?
#Employment

With increasingly significant social responsibility pressures and UK laws like the Bribery or Modern Slavery Acts, any public exposure by regulators or media of alleged misbehaviours by well-known businesses, or by people they use as suppliers or agents, highlights the endless scrutiny of what companies do or neglect to do. ...

Nov
03
2016

Top Tips for Making Clarification Questions Work For You
#Public Procurement

Clarification questions are an integral part of any procurement process. Do not be afraid of submitting them – it is better to raise a question (even if it then means that your competitors get the benefit of the responses provided) than to make an incorrect assumption about what the contracting authority wants....

Nov
03
2016

"Without Prejudice" - will these magic words protect my documents?
#Dispute Resolution

Many documents produced in commercial dealings are marked "without prejudice", often appropriately but sometimes not. When used correctly, these words mean that the document cannot be used in legal proceedings against the party who produced the document, nor indeed can that party use the document themselves....

Nov
02
2016

The Underused Project Bank Account
#Construction

It is a fact that small and medium-sized enterprises (SMEs) account for 60% of UK private sector employment and almost half of private sector turnover therefore it is evident that challenges relevant to SMEs are challenges to the UK economy as a whole....

Oct
28
2016

The verdict is in: Uber Drivers ARE workers!
#Employment

Today the tribunal has handed down its judgment and has decided that they are workers and are not self-employed as Uber had claimed....

Oct
28
2016

You don’t call, you don’t write…
#Employment

In the recent EAT case of Sandle v Adecco UK Ltd, Mrs Sandle was an agency worker employed by Adecco and working on assignment at a third party. The assignment came to an end and then a stalemate ensued....

Oct
28
2016

Tribunal finds EasyJet discriminated against breastfeeding mothers
#Employment

An employment tribunal has concluded that some of EasyJet’s roster practices indirectly discriminated against two breastfeeding flight attendants....

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