Clarkslegal LLP - Solicitors in Reading and London

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Feb
26
2021

Are your employment contracts up to date and legally compliant?
#Employment

On 6 April 2020, the law relating to employment contracts changed. It now requires further information to be included in contracts and for this to be given to all employees AND workers no later than day one of work. ...

Feb
26
2021

HMRC loses IR35 appeal in freelance journalist case
#Employment

HMRC have lost their appeal against a ruling which found that the journalist and broadcaster, Kay Adams, was not in a ‘disguised’ employment relationship with the BBC when she was providing her services via her personal service company.  ...

Feb
24
2021

‘No Jab No Job’ contracts – are they legal?
#Employment #Health & Safety #Podcasts and Webinars

You may have seen our previous blog on rolling out vaccination programmes for employees. The debate on whether the workforce should be vaccinated continues at a pace in the press, where we have seen Barchester Healthcare join Pimlico Plumbers in considering all new recruits having to be vaccinated as a requirement of the role....

Feb
23
2021

VAT reverse charge for construction services
#Construction

Following the postponement of the VAT reverse charge commencement date in September 2019 and October 2020, HMRC guidance states that the VAT reverse charge on construction services will now come into force from 1 March 2021....

Feb
19
2021

Uber’s argument that its drivers are self-employed runs out of road
#Employment

As expected, the Supreme Court has unanimously upheld the decisions of the Employment Tribunal, Employment Appeal Tribunal  and  Court of Appeal that the Uber drivers in this case were workers and not self-employed contractors.  ...

Feb
19
2021

Over 2,000 Sponsor Licence visas granted by Home Office
#Immigration

The UK Home Office has granted more than 2,000 sponsor licences to eligible organisations since July 2020. The total number of licenced sponsors has now increased to 33,000, which allows them to sponsor a worker under either the Skilled Worker or the Intra Company Transfer visa. ...

Feb
18
2021

HRMC briefing on how to avoid IR35 penalties
#Employment

On 15 February 2021 HMRC published its policy paper explaining how it intends to help and support organisations which must comply with changes to the off-payroll working rules (IR35)....

Feb
18
2021

‘Stale’ equalities training no defence to race claim
#Employment

The case of Allay (UK) Ltd v Gehlen, is a stark warning to employers not to rely on ‘stale’ or ‘ineffective’ equal opportunities and anti-harassment training as a defence to claims of unlawful discrimination. ...

Feb
18
2021

Getting ahead with ethnicity pay gap reporting
#Employment #Data Protection

Mandatory ethnicity pay gap reporting could become the norm, as calls for its introduction intensify. ...

Feb
12
2021

Are masks about to be required in all workplaces in England?
#Employment

As COVID-19 infections in the UK fall, businesses in all sectors are looking for as much notice as possible of the Government’s roadmap out of the crisis caused by the pandemic. They want to know when the current lockdown will start to be lifted and what general or sector specific restrictions on operations will remain in place....

Feb
11
2021

Can an IR35 decision be challenged?  
#Employment

The IR35 private sector reforms are due to come in on 6 April 2021. If after a status determination statement (SDS), the contractor is found to be employed for tax purposes, then they will have to pay tax and national insurance contributions (NICS) as if they were an ordinary employee. ...

Feb
09
2021

Commercial Agency Regulations 1993 and Brexit
#Commercial #Brexit

The Commercial Agency Regulations 1993 (Regulations) will continue to apply to agency relationships in the UK currently and decisions of the European Court of Justice (ECJ) will continue to bind the laws of England and Wales up and until 31 December. ...

Feb
09
2021

COVID-19 and its impact on JCT contracts
#Construction

The COVID-19 pandemic has had a substantial impact on the construction industry in the UK. Labour shortages and shortages of plant and materials have adversely affected many projects, which in turn has resulted in additional costs and delays. ...

Feb
09
2021

Setting up a Charitable Incorporation Organisation
#Commercial #Corporate

Interest in Charitable Incorporation Organisations (CIO’s) has grown in recent months, we explain how these could be considered an appropriate structure for a reorganisation or setting up a new activity. ...

Feb
08
2021

Do I need an EPC for a renewal lease?
#Real Estate

The question of whether an EPC (Energy Performance Certificate) is required on a renewal lease is open to interpretation. The short answer is probably for commercial property (“non-domestic”) but not for residential property (“domestic”), but it is by no means clear. This is because, in part, the MEES Regulations (Minimum Energy Efficiency Standards) and EPC Regulations contradict themselves regarding this very question and we will see how they both differ below. ...

Feb
05
2021

Gender pay gap reporting - what you need to know for 2021
#Employment

Since 2017, employers with 250 or more employees have had a duty to publish their gender pay gap data. The gender pay gap is the difference between the average earnings of men and women across an organisation. The reporting duty was suspended in 2020 due to the coronavirus pandemic....

Feb
05
2021

British National Overseas visa route is now officially open
#Immigration

The Hong Kong BNO (or British National Overseas) visa route is now officially open. The route is specially aimed at residents of Hong Kong who hold a British National Overseas passport. Importantly the visa allows its holders to live, work and study in the UK. ...

Feb
01
2021

Impact of Brexit on Employment & HR in 2021
#Employment #Brexit #Podcasts and Webinars

On 31st January 2020, the United Kingdom formally left the European Union. The UK has now entered into a new trading partnership with the EU under the EU-UK Trade and Cooperation Agreement. New rules now apply on exports, tariffs, data and employing people from within the EU. ...

Feb
01
2021

How to prepare for IR35 tax rules this April
#Employment

Major changes are happening this April as businesses become responsible for deciding the employment status of the contractors they engage through an agency or the contractor’s own limited company, known as a Personal Service Company or PSC. ...

Jan
28
2021

School closures continue - is furlough still an option for parents?
#Employment

At the start of this lockdown, we discussed the Government’s expansion of the furlough scheme to allow employers to furlough those who cannot work due to caring responsibilities (which includes looking after children who would otherwise be in school)....

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