Clarkslegal LLP - Solicitors in Reading and London

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Sep
15
2017

Establishing a business presence in the UK – the sole representative visa
#Immigration #Employment #Inward Investment

Our immigration lawyers have recently seen an increase in enquiries from successful overseas business owners who wish to establish a business presence in the UK. Such individuals have explored the Tier 1 Entrepreneur visa route but either do not want to live in the UK or do not wish to make a large investment, such as the £200,000 required under the Entrepreneur route....

Sep
07
2017

Increase to damages bands for injury to feelings and psychiatric injury
#Employment

The Presidents of the Employment Tribunal in England, Wales and Scotland have released a joint response to the Vento Bands Consultation (named after the case Vento v Chief Constable of West Yorkshire Police in which these bands were originally set out). These bands apply to discrimination cases, as well as other specific types of claim such as whistleblowing....

Sep
07
2017

Deposit order disaster: EAT confirms deposit orders should not be used to clarify cases
#Employment

In the case of Tree v South East Coastal Services Ambulance NHS Trust, the EAT held that a Tribunal cannot make a deposit order merely because the Claimant’s case is unclear....

Sep
07
2017

Leaked document on Post Brexit Immigration
#Immigration #Inward Investment #Employment

The Guardian has obtained a copy of a leaked document setting out the government’s proposals on post-Brexit immigration. ...

Sep
01
2017

Government proposes new requirements for companies to reveal pay ratio between bosses and workers
#Employment

The government has announced a series of reforms aimed at increasing boardroom accountability and enhancing trust in business. These are a partial implementation of pledges in the Conservative manifesto for the May 2017 general election, which itself was much less alarming to businesses than Theresa May’s July 2016 Conservative party leadership campaign pledge to have employees represented on company boards....

Sep
01
2017

Asda Equal Value claims latest
#Employment

Last October, we reported the Employment Tribunal decision that 7,000 predominantly female in-store Asda employees, who do work such as shelf-stacking and checkout roles, have common terms of employment with predominantly male warehouse-based employees, despite the different places of work and different job descriptions for the roles in question....

Sep
01
2017

ACAS guidance published on supporting trans employees in the workplace
#Employment

Following a summer filled with Pride events up and down the country, ACAS has also shown its support for the LGBT+ Community through the release of their new research paper, ‘Supporting trans employees in the workplace’....

Sep
01
2017

Tribunal fees: should you prepare for a deluge of claims and what happens next?
#Employment

It has been a tumultuous few years for the Conservative party and the recent Supreme Court ruling has added to the party’s list of woes. The government will now have to repay £32m to parties following the Court’s unanimous decision that the tribunal fee regime was unlawful....

Sep
01
2017

Top London Curry House Re-Opens following Immigration Raid
#Immigration #Inward Investment #Employment

One of London’s top curry houses, Tayyabs, has re-opened following a 48 hour shutdown by immigration enforcement officers for allegedly employing illegal workers. Family owned Punjabi restaurant Tayyabs closed on Tuesday following an immigration raid which found some of its 40 employees did not have the correct permission to work in the UK....

Aug
30
2017

Home Office admits error in British born Shane Ridge case
#Immigration #Inward Investment #Employment

This afternoon, the Home Office confirmed that Shane Ridge, the Lancashire born joiner, is indeed a British citizen and they had incorrectly refused his application for Right of Abode. Shane Ridge’s case made headlines this week when it was discovered that despite being born in the UK and spending his entire life here, he was required to leave or face a £5,000 fine or prison sentence. ...

Aug
25
2017

Food industry expresses workforce concerns in landmark Brexit survey
#Immigration #Inward Investment #Employment

This week, the Food & Drink Federation (FDF) warned that over a third of its members businesses would become unviable without access to EU labour, as 47% of EU workers consider moving away from permanent and seasonal roles....

Aug
18
2017

TalkTalk fined by ICO for subcontractor’s abuse of personal data
#Employment

Following complaints from customers of scammers calling with personal details such as account numbers, TalkTalk’s investigators found that 3 employees...

Aug
18
2017

Would following in Norway’s footsteps help address the UK’s gender pay gap?
#Employment

In Norway, details of individuals’ net income, net assets and amount of tax paid are all accessible to the general public. An individual may simply use their national ID...

Aug
18
2017

Passport to Supreme Court for Pimlico Plumbers
#Employment

Last week in Gascoigne v Addison Lee an Employment Tribunal decided that a cycle courier was a worker and not self-employed. Following the pattern emerging from other similar cases, the Tribunal ...

Aug
18
2017

Claimants no longer need to “shift the burden of proof” in discrimination claims
#Employment

Section 136 of the Equality Act 2010 is headed “the burden of proof”. It has long been considered that in discrimination cases the claimant has to show a ‘prime facie’ ...

Aug
18
2017

Home Office Updates Guidance on Right to Work Checks
#Immigration #Inward Investment #Employment

This week, the Home Office published new guidance for employers setting out the right to work checks required to establish or retain a statutory excuse....

Aug
11
2017

Call for Evidence: EEA workers in the UK labour market
#Immigration #Inward Investment #Employment

Last month, the Government commissioned the Migration Advisory Committee (MAC), with the purpose of conducting a study about and advising upon the economic and social impacts of the United Kingdom’s exit from the European Union. Following the Home Secretary's commissioning letter last week, the MAC has released a Call of Evidence, from anyone with relevant knowledge, expertise or experience to aid the MAC response. ...

Aug
11
2017

Tribunal Fees: Resurrecting rejected claims?
#Employment

The Supreme Court decision on 26 July 2017 that Employment Tribunal fees were unlawful was expected to have wide-ranging repercussions ...

Aug
04
2017

Voluntary overtime included in holiday pay...
#Employment

In Dudley Metropolitan Borough Council v Willetts and others the EAT has ruled that payments for voluntary overtime should be included in holiday pay calculations....

Aug
04
2017

Does the duty to collectively consult employees regarding redundancies apply to employees based outside the UK?
#Employment

The EAT has determined in Seahorse Maritime v Nautilus International that the duty to collectively consult in a redundancy situation can extend to employees working outside of the UK, but cautioned each case will depend on its own facts. ...

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