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
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
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

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
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
14
2019

Clarkslegal features strongly in Chambers and Partners 2019-2020
#Clarkslegal #Construction #Employment #Real Estate #Litigation

Clarkslegal is pleased to announce that Chambers and Partners has recognised the firm for the following practice areas; Construction, Employment, Litigation and Real Estate....

Oct
11
2019

Little white lies: not giving the true reasons for dismissal pointed to discrimination
#Employment

This week, in Base Childrenswear v Otshudi, the Court of Appeal confirmed that not being honest about the reason for dismissal can show that the employer has a discrimination case to answer. ...

Oct
11
2019

Striking a Balance – Activism and the Workplace
#Employment

In the wake of September’s Global Climate Strike, protests previously confined to the personal sphere are now spilling over onto the streets and taking place during the working day. ...

Oct
11
2019

IR35: control comes at a £920,000 cost
#Employment

As the April 2020 IR35 changes loom ever larger, there is a lot of attention on challenges under the current system to the tax arrangements of consultants providing work through their own personal service companies. ...

Oct
10
2019

Rethinking workplace wellbeing in times of uncertainty
#Clarkslegal #Press #Employment

Every year an estimated 17 million work days are lost to stress, anxiety and depression. Clarkslegal's Monica Atwal highlights ways in which employers can raise their game to help....

Oct
04
2019

A female manager who massaged a male employee’s shoulders was not found to have committed sexual harassment or harassment related to sex
#Employment

In the current age of the #MeToo movement, one would assume that any form of unwanted physical contact between a manager and a junior employee could count as harassment....

Oct
03
2019

Mental health: Are employers doing enough?
#Employment

HR professionals are increasingly aware of the importance of supporting good mental health in the workplace....

Sep
30
2019

Clarkslegal Acknowledged once again by UK Legal 500 2019-2020
#Clarkslegal #Commercial #Construction #Corporate #Education #Employment #UK Immigration #Setting up in the UK #Real Estate #Complex Contracts

Clarkslegal is delighted to announce Legal 500 has recognised the law firm for the following practice areas; Corporate and Commercial, Commercial Litigation, Employment, Immigration, Education, Commercial Property, Construction and Commercial Contracts....

Sep
27
2019

Thomas Cook employees are taking legal action after being made redundant by the now defunct travel agent
#Employment

The former employees are claiming Thomas Cook failed to consult or inform them about their impending redundancy. Employers are obliged to consult on a collective basis if they proposing to make 20+ employees at one establishment redundant within a period of 90 days....

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