Clarkslegal LLP - Solicitors in Reading and London

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Mar
22
2019

Suspension will not breach trust and confidence if there is a reasonable and proper cause
#Employment

We previously blogged on the High Court case of Agoreyo v London Borough of Lambeth, in which the High Court held that the suspension of a teacher was a “knee jerk reaction” which breached the implied term of trust and confidence (enabling Ms Agoreyo to resign and claim constructive dismissal)...

Mar
22
2019

Changes to Statutory Payments and Tribunal Awards from April 2019
#Employment

The government has confirmed increases to statutory payments and tribunal awards, which will take effect on 6th April 2019....

Mar
22
2019

Brexit Update: Is the UK leaving on the 29th of March?
#Immigration #Inward Investment

The 29th of March 2019 has been an important date marked in the diaries of millions of UK and EU citizens. However, the events of last night may mean that this date is likely to change....

Mar
19
2019

Commercial agents: working too closely with your principal?
#Dispute Resolution

A recent decision of the European Court of Justice has clarified the circumstances in which an agent will be classified as a commercial agent for the purpose of the Commercial Agents (Council Directive) Regulations 1993. Commercial agents benefit from important protection under the Regulations, including the right to compensation on termination of the agency arrangement....

Mar
15
2019

Spring Statement 2019: Employment News
#Employment

The Chancellor presented his Spring Statement to Parliament this week. The Government suggest that there are over 3.5 million more people in work than there were in 2010 and a million fewer workless households, unemployment rates continue to decline being at 4%; their lowest in more than 4 decades...

Mar
14
2019

M Davenport Builders Ltd v Greer & Anor – a true value adjudication decision cannot be used to resist enforcement of a prior adjudication decision on validity
#Construction

In M Davenport v Greer, one of the first cases to follow the court of Appeal’s decision in S&T v Grove (which we discussed here), the TCC held that an employer could not use a “true value” adjudication decision as a defence or set off to enforcement proceedings for an earlier decision in favour of the contractor....

Mar
14
2019

Worker status in the public sector…the plot thickens
#Employment

In the case of Braine and others v The National Gallery an Employment Tribunal (ET) has held that art experts who worked as Educators for the National Gallery were workers and not independent contractors as argued by the Gallery. The ET held that the Educators only had the status of worker when undertaking an actual assignment and when they were in between assignments they were neither employees nor workers....

Mar
14
2019

Don’t forget about us: Lower skilled workers
#Immigration #Inward Investment

The government aims to have an innovative, highly skilled and highly productive workforce in the UK. There has been great emphasis on global mobility and encouraging the ‘best and the brightest’ come to the UK, but what about the loyal workers who are classified as lower-skilled?...

Mar
12
2019

Company voluntary arrangements
#Real Estate

A CVA is a procedure that allows a company: to settle debts by paying only a proportion of the amount that it owes to creditors ...

Mar
12
2019

Court’s words of warning to Public Bodies
#Public Procurement

Last week saw the broadcast of Clarkslegal’s annual Public Procurement Update webinar. Over 200 procurement specialists signed up to watch this well-received event which will be followed up later in the year by our popular webinar on “Challenging Procurement Awards”....

Mar
12
2019

The many hues of legal jargon
#Commercial #Corporate

We’ve been asked on several occasions in recent times by GP surgeries to give advice about having “green socks clauses” put into their partnership agreements. Such a clause allows the partners to expel one of their number from the partnership without any reason (or even because their fashion sense is questionable), and can be useful where a partner simply does not fit, even though they are not strictly at fault in any way....

Mar
12
2019

‘The Commonwealth is a big opportunity for UK businesses scaling abroad’ – Michael Sippitt writes for Elite Business
#Commercial #Press

Regardless of whether the UK is in or out of the EU, the Commonwealth is a superb natural market for business. And SMEs must ensure they capitalise on the labour and opportunities the Commonwealth countries provide....

Mar
08
2019

Immigration Update: Major changes to Immigration Rules announced
#Immigration #Inward Investment

The Government published yesterday 297-pages of changes to the Immigration Rules. Separately, it also announced changes to the Immigration fees. Most of these changes will be effective from 29 March 2019....

Mar
07
2019

‘Why question the power of women to lead?’ – Monica Atwal writes for We Are The City
#Press #Employment

Women taking leadership roles is often portrayed these days as a ground-breaking development, something achieved through relatively recent laws and strong social pressure about equality of opportunity....

Mar
07
2019

‘Going Somewhere’ - Hamza Malik comments for The Global Recruiter
#Press #UK Immigration

Brexit and immigration policy has introduced more challenges for the recruitment industry. Simon Kent explores what recruiters can do at a time of uncertainty....

Mar
07
2019

Sportsperson Visa
#Immigration

If you are an elite sportsperson or coach who is internationally established in your sport, then you could be eligible to apply for a Tier 2 (sportsperson) visa. ...

Mar
07
2019

Consultation on Confidentiality Clauses Launches
#Employment

The Government has started a consultation on increased regulation of confidentiality clauses in a bid to tackle cases of unethical misuse. ...

Mar
07
2019

Email to inaccessible work address during maternity leave was unfavourable treatment
#Employment

In SW Yorkshire Partnership NHS Foundation Trust v Jackson, the Claimant was involved in a redundancy exercise whilst on maternity leave. ...

Mar
07
2019

Business Immigration routes to the UK
#Inward Investment #UK Immigration

The Brexit noise is deafening for those wishing to migrate to the UK. However, the UK Immigration routes remain open for business. Businesses who have utilised these routes have been able to utilise global talent to further their business needs....

Feb
28
2019

Dismissal for ‘purely personal reasons’ was still automatically unfair under TUPE
#Employment

In Hare Wines v Kaur, the Claimant had a strained working relationship with a colleague who, as it happened, was going to be a director in the transferee’s business. The Claimant was dismissed on the transfer date and alleged that this was because of the transfer (and, thus, automatically unfair). The Tribunal agreed and, in doing so, recognised that the ongoing difficulties in the working relationship played a part in the dismissal....

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