Clarkslegal LLP - Solicitors in Reading and London

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Dec
04
2020

This week, the rules on Acas Early Conciliation (EC) changed
#Employment

The standard EC period is now 6 weeks rather than a month (but there is no longer the possibility of extending it by 2 weeks). Although this may appear to give people... ...

Dec
04
2020

Vicarious Liability for Remote Christmas Parties
#Employment

Festivities will be very different this year. Despite exiting a national Lockdown this week, 98.7% of the population in England find themselves in tiers 2 or 3 in the run up to Christmas. ...

Dec
01
2020

Supporting employees vulnerable to domestic abuse
#Employment

The end of November has seen a cumulation of domestic violence focused stats and reminders. The International Day for the Elimination of Violence against Women on the 25th November saw the release of UK’s first comprehensive 10-year femicide census, which revealed harrowing figures, including that 62% of the deceased women were killed by their current partner or an ex, mostly in their own homes....

Nov
27
2020

Sponsorship Management System unavailable for essential upgrades
#Immigration

The Sponsorship Management System (SMS) is a key part of a Sponsor Licence. The system is undergoing an essential upgrade in preparation for the new immigration system that is to commence from 1 December 2020....

Nov
26
2020

Service charges: challenging a landlord’s certificate
#Dispute Resolution

It is very common for a commercial lease to stipulate that the landlord’s certificate stating the total cost of services provided under the lease, and the service charge payable by the tenant towards those services, is conclusive and binding on the tenant in the absence of manifest error or fraud....

Nov
26
2020

Restrictive covenants – employers watch out
#Employment

Employers can be liable for inducing a breach of a restrictive covenant, but relying on legal advice can provide a defence as held the Court of Appeal in Allen v Dodd & Co Ltd....

Nov
26
2020

Bank transfer fraud: what is the bank’s responsibility?
#Dispute Resolution

‘Push Payment Fraud’ – where a fraudster deceives someone into paying money to an account controlled by that fraudster – is increasingly common. The true cost of this type of scam is unknown, but it is believed to run into hundreds of millions of pounds a year. In most cases it leaves the victim with large losses and very limited recourse unless it is lucky enough to have insurance cover in place....

Nov
26
2020

Equal Pay – where to next?
#Employment

The Fawcett Society have marked Equal Pay Day – the day of the year on which women stop earning relative to men – by releasing a report warning the UK is at a crossroads on equal pay....

Nov
24
2020

Brexit: Are your employees working from home abroad?
#Employment #UK Immigration #Brexit

Last month our article discussed the employment law implications to consider if your employees are working from abroad during the pandemic....

Nov
24
2020

Importers and exporters– what happens after Brexit?
#Dispute Resolution #Brexit

The end of the transition period under the Withdrawal Agreement is timed at precisely 11pm on 31 December 2020. At that moment in time, a snapshot of all EU law in existence will be imported into UK law. The UK government will simultaneously regain legislative power to enact new law which changes and diverges from EU law. ...

Nov
20
2020

Home Office publishes updated Sponsorship policy guidance
#Immigration #Brexit

The Home Office has now published their policy guidance for the new immigration system which goes live on 1 December 2020. The new policy guidance update covers the Skilled Worker and the Intra Company Transfer routes....

Nov
19
2020

New ruling provides H&S detriment protection to workers
#Employment

Protection from health and safety detriments and the right to PPE should cover ‘workers’ as well as employees, High Court rules....

Nov
18
2020

New ruling lends helping hand to employers balancing budgets
#Employment

2020 is likely to be a year of financial constraints for many businesses. Therefore, the recent Court of Appeal decision in Heskett v Secretary of State for Justice [2020] could be good news for employers seeking to justify indirect discrimination as a biproduct of a short-term need to reduce expenditure. ...

Nov
18
2020

Urgent procurement in a pandemic
#Public Procurement

Depending on the value and size of the contract, a typical procurement run in accordance with the requirements of the Public Contracts Regulations 2015 can take anything from a few months to more than a year to conclude....

Nov
13
2020

Brexit stock-piling during a 'perfect storm' in the warehousing and logistics sector
#Real Estate #Brexit

With just 7 weeks to go until the end of the Brexit Transition period and no definite signs of a trade deal in sight, the warehousing and logistics sector is preparing for a period of disruption....

Nov
13
2020

UK Government still holding out hope for Lugano Convention membership post Brexit
#Dispute Resolution #Brexit

In a step that many will see as wishful thinking, the UK government laid new legislation before Parliament on 10 November 2020 which would see the UK remain a party to the Lugano Convention after 31 December 2020....

Nov
13
2020

Furlough Scheme Update
#Employment

On 5th November 2020, the Chancellor announced that the Coronavirus Job Retention Scheme would be extended until the end of March 2021. ...

Nov
12
2020

Capital gains tax to increase to pay for pandemic
#Commercial

If you are considering selling your business, are you aware of the discussions in the changes to rates of Capital Gains Tax and clear on how this might impact your share of the sale proceeds? If so, it might be worth exploring the various routes to sale that exist, including selling to your employees tax free....

Nov
12
2020

Time to update your social media policy?
#Employment #Data Protection

In light of the new social media guidance the BBC imposed on its own employees, employers should be carefully considering whether or not their own social media policy sufficiently protects their interests....

Nov
12
2020

New furlough guidance: warning that notice pay may not be covered from December
#Employment

Whilst the majority of the update confirmed information we already know, there were some important pieces of new information....

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