Clarkslegal LLP - Solicitors in Reading and London

Employment - Legal Updates

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Jul
17
2019

Disability discrimination: No constructive knowledge where claimant had suppressed information
#Employment

The Claimant was dismissed by the Respondent due to poor attendance. This poor attendance arose as a consequence of the Claimant’s disabilities. ...

Jul
12
2019

September Climate Strike: How to respond to striking staff
#Employment

Climate crisis protesters are urging the UK workforce to follow their student counterparts and take part in a worldwide strike, starting on 20 September 2019. ...

Jul
12
2019

An employee who posted racially offensive imagery on Facebook was not regarded as having acted in the course of his employment
#Employment

Employers can be held legally responsible for acts of discrimination and harassment carried out by their employees, provided that the conduct took place in the course of their employment. ...

Jul
11
2019

Covertly recording a meeting can amount to misconduct
#Employment

The claimant was a financial accountant for a charity called Phoenix House. She claimed that she was being improperly treated by her company during a large restructuring....

Jul
05
2019

Restriction against holding any ‘interest in’ a competing business was too wide but could be severed
#Employment

In Tillman v Egon Zehnder Ltd, the Supreme Court held that a restrictive covenant which prevented a business executive from being directly or indirectly engaged, concerned or interested in any competing business for six months after the termination of her employment was too wide to be enforceable. However, it was possible to remove the wider wording from the clause to leave a narrower, and enforceable, restriction. ...

Jul
05
2019

Christian Claimant dismissed because of the way he expressed his beliefs and not the beliefs themselves
#Employment

In the recent EAT judgement in Page v NHS Trust Development, the Claimant’s appeal was dismissed finding that the Trust had not discriminated when removing the Claimant from office. ...

Jul
05
2019

Direct discrimination based on perceived disability upheld by Court of Appeal
#Employment

In the first perceived disability case to be heard by the Court of Appeal, the court has upheld the decision that a police officer with marginal hearing loss suffered direct discrimination when she was turned down for a transfer to the Norfolk Constabulary....

Jul
05
2019

Depression does not affect exclusively one part of cognitive functioning
#Employment

In the recent case of Mr D Wilkinson v Emovis Operations Leeds Ltd: 1809825/2018, the Employment Tribunal did not accept that depression impacts only one part of an individual’s cognitive functioning. ...

Jul
01
2019

Clarkslegal supports Turkish food importer to buy wholesaler
#Corporate #Real Estate #Employment

We are pleased to complete the acquisition of a wholesale and distribution business for a client which further bolsters existing turnover and operations in different geographical areas....

Jun
27
2019

No right to re-engagement despite tribunal order
#Employment

The University of Cambridge was ordered by a tribunal to re-engage the Claimant after it admitted liability for her unfair dismissal. They refused, choosing instead to pay the Claimant an additional award. ...

Jun
27
2019

Holiday pay – the tides change again
#Employment

By now you will be familiar with the ever-changing developments relating to holiday pay over the past several years. ...

Jun
24
2019

Human Resources and Ethics
#Information Technology #Corporate #Employment #Data Protection

The recently announced huge gift of £150 million to Oxford University by Stephen Schwarzman to fund a new institute for ethics in artificial intelligence is a reminder of the huge importance attached by many to the need for more ethical focus on issues arising from artificial intelligence and technology innovation....

Jun
21
2019

New international labour standard on violence and harassment at work
#Employment #Clarkslegal

For over 20 years, Clarkslegal has been an integral part of the UK delegation to the International Labour Organisation (ILO), the United Nations agency which sets international labour standards and monitors compliance with them. ...

Jun
20
2019

Employer’s allocation of training duties found to be discriminatory for employee for whom English was not his first language
#Employment

In the recent case of Khawaja v Transport for London, a Tribunal found that an employee had been subjected to direct race discrimination by his manager in respect of the allocation of training opportunities. ...

Jun
14
2019

Clarkslegal LLP Immigration Team helps leading tech start-up obtain their Sponsor licence in 3 weeks
#Immigration #Employment #Entrepreneurs & Start-Ups #Information Technology

The Immigration Team at Clarkslegal has supported the team at a leading London tech start-up in obtaining their Sponsor licence....

Jun
14
2019

Jobs and skills for a brighter future
#Employment #Education #Environment

A very expert global panel convened at the ILO conference in Geneva on 14 June examined issues around how to produce decent jobs in the future. ...

Jun
14
2019

Presenter’s arrangements with BBC not subject to IR35 rules
#Employment

In April we blogged about the upcoming reforms to the Tax framework - IR35. ...

Jun
14
2019

Non-Disclosure Agreements (NDAs) in discrimination cases
#Employment

The Women and Equalities Select Committee (“WESC”) has called for the government to either ban or reset the parameters on which NDAs are used by employers to silence employees’ allegations of unlawful discrimination and harassment in the workplace. The WESC has commented that it is “completely unacceptable that allegations of unlawful discrimination and harassment in the workplace are routinely covered up by employers with legally drafted NDAs”....

Jun
13
2019

Breaking News: Court of Appeal overturns EAT decision on trade union inducement!
#Employment

In December 2017 we blogged on the case of Kostal UK Ltd v Dunkley and others. ...

Jun
12
2019

Trade unions and the contractual incorporation of collective agreements
#Employment

It is well understood that a recognised trade union can negotiate terms and conditions of employment, and that the outcome of negotiations is recorded in a collective agreement applicable to all staff in the trade union’s bargaining unit. However, the EAT has held that the terms of a collective agreement need to cover the same factual circumstances in an employee’s contract in order to be successfully incorporated....

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