Clarkslegal LLP - Solicitors in Reading and London

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Nov
15
2019

Royal Mail Christmas strike prevented
#Employment

This week, Royal Mail won a High Court injunction against what would have been the first national postal strike for a decade, by up to 110,000 workers and scheduled to take place over the Christmas period....

Nov
15
2019

Changing reasonable adjustments could be discriminatory
#Employment

Employers should be aware that changing or removing adjustments for a disabled employee could amount to a failure to make reasonable adjustments, even if they are replaced with other adjustments....

Nov
15
2019

New GDPR Special Category Data Guidance Published
#Data Protection

There are some types of special category data under the GDPR that attract a higher level of protection given their sensitive nature....

Nov
08
2019

Restrictive Covenants – What’s happened in 2019
#Employment

There have been some cases in 2019 which have offered employers guidance on restrictive covenants and demonstrated how important it is for employers to review such restrictions carefully....

Nov
08
2019

How should employers manage workplace romances?
#Employment

The Chief Executive (“CE”) of McDonalds has this week been fired following a romantic relationship with a fellow employee. Despite the fact that the fast food giant acknowledged that the relationship was consensual, the CE was dismissed as he had violated company policy by engaging in the relationship....

Nov
08
2019

Capita not liable to compensate for employee’s racist comments
#Employment

Employers can be held legally responsible (vicariously liable) for the discriminatory actions of their employees which have taken place in the course of employment. To avoid being held liable, an employer would have to show that it took all reasonable steps to prevent the discriminatory actions from occurring. This is exactly what Capita managed to do in a recent racial harassment case, brought against both Capita and one of Capita’s operations managers....

Nov
01
2019

Leaked email from lawyers was legally privileged
#Employment

The Court of Appeal (“CoA”) has disagreed with an Employment Appeal Tribunal’s (“EAT”) interpretation of a leaked email. Instead the CoA held that the correspondence between a lawyer and the Respondent, referring to the possibility of dismissing the Claimant by redundancy, was covered by Legal Privilege. ...

Oct
30
2019

Covert recording of employees: No breach of human rights
#Employment

In López Ribalda and others v Spain, the Grand Chamber of the European Court of Human Rights (ECtHR) has held that it was not a breach of Article 6 (right to a fair trial) or Article 8 (right to respect for a private life) of the European Convention on Human Rights, to covertly record employees as part of an investigation into suspected theft and for the recording to be used at trial....

Oct
30
2019

How to apply for Judicial Review
#Immigration #Judicial Review

Judicial Review is an important remedy and is used to challenged decisions made by public bodies, or those made on their behalf. In immigration cases, it can be used to challenge decisions which do not provide a statutory right of appeal....

Oct
29
2019

Let’s break it down: Euro Temporary Leave to Remain (Euro TLR)
#Immigration

The government released its Statement of Changes to the Immigration Rules on 24 October 2019 and finally shed some light on the ambiguous Euro Temporary Leave to Remain (Euro TLR). The following are key features of the new Scheme:...

Oct
25
2019

Briefing paper on UK’s future immigration system published
#Immigration

The House of Common’s library has published a briefing on UK’s future immigration system. The paper gives an overview of why the immigration system is changing, and what changes to expect. ...

Oct
25
2019

Belief in sanctity of copyright not a philosophical belief
#Employment

In the recent case of Gray v Mulberry Company (Design) Ltd, the Court of Appeal has dismissed an employee's claim that her belief in "the statutory human or moral right to own the copyright and moral rights of her own creative works and output” was a philosophical belief under the Equality Act 2010. ...

Oct
24
2019

Challenge against Immigration exemption to GDPR fails
#Immigration

The High Court in the case of R (Open Rights Group & the 3 million) v Secretary of State for the Home Department [2019] EWHC 2562 (Admin) has dismissed a challenge against the Immigration exemption to data protection rights in the General Data Protection Regulations (‘GDPR’)...

Oct
24
2019

And a vindaloo visa please…
#Immigration

Priti Patel had recently announced the introduction of the ‘vindaloo visa’, which came into effect on 6 October 2019. But what exactly is this visa? ...

Oct
24
2019

Christian doctor dismissed for refusal to use preferred pronouns for transgender individuals loses in the Employment Tribunal
#Employment #Discrimination

In the case of Mackereth v The Department for Work and Pensions and another, the Claimant was a doctor who refused to use transgender individuals’ preferred pronouns and titles as he claimed it went against his Christian beliefs. ...

Oct
23
2019

Applying for naturalisation? Be wary of this important requirement!
#Immigration

Naturalisation is the process of becoming a British citizen for adults. This process has various requirements which include a minimum period of previous residence, knowledge of life and language in the UK among others....

Oct
22
2019

The EU Exit: ID Document Check is now available for iOS
#Immigration

The EU Exit: ID Document Check is an app by the Home Office which is used to verify the identity of anyone applying under the EU Settlement Scheme. The app provides a quick way of applying under the scheme, without the need to send your physical documents to the Home Office for verification. ...

Oct
18
2019

New Guidance on the use of Confidentiality Agreements
#Employment

NDAs have long been a popular subject in the media. Seeking to clarify its position on their use in employment matters, the Equality and Human Rights Commission has issued new guidance. ...

Oct
18
2019

Judges entitled to whistleblower protection
#Employment #whistleblowing

The Supreme Court has ruled on the Gilham v Ministry of Justice case and held that while judges could not be classed as workers, it would be a violation of their human rights to exclude them from whistleblowing protections. ...

Oct
16
2019

EU Settlement Scheme Family Permit: What comes next?
#Immigration

Many non-EU family members are under the false impression that once they have been granted a Family Permit, they have indefinite leave to remain in the UK. This is definitely not the case....

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