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....
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. ...
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. ...
Clarkslegal is pleased to announce that Chambers and Partners has recognised the firm for the following practice areas; Construction, Employment, Litigation and Real Estate....
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. ...
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. ...
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. ...
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....
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....
HR professionals are increasingly aware of the importance of supporting good mental health in the workplace....
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....
In Conisbee v Crossley Farms Ltd, the Claimant alleged he was bullied by colleagues because of his vegetarianism and argued it amounted to a protected ‘belief’ under the Equality Act....
UK unemployment is at its lowest rate since the 1970s, yet a recent study from thinktank Resolution Foundation has suggested that out of the 32 million people working in the UK, 1 million may be without full employment rights....
This week California has signed into law a new piece of legislation limiting the circumstances in which individuals can be classified as independent contractors....
In Uradar v Lancashire Care NHS Foundation Trust, the Claimant was made redundant and had a contractual redundancy entitlement of £43,949.04. The Trust refused to pay, claiming she had turned down suitable alternative employment. ...
The Employment Appeal Tribunal (EAT) in Kasongo v Humanscale UK Ltd concluded that where an employer had waived privilege on advice about an employee’s dismissal, they could not cherry-pick which parts of the advice to disclose. ...
Clarkslegal Managing Partner, Monica Atwal explains the steps organisations may need to take if a member of their staff becomes a victim....
In the recent case of Pearce v Merrill Lynch, the EAT ruled that there would be no month’s grace period for ACAS Early Conciliation if the Claimant contacts ACAS after the primary 3-month time limit expires. ...
The Post-Study Work (PSW) visa is set to make a return, after it was dramatically scrapped by Theresa May during her time as a Home Secretary in 2012. ...
A claimant will be disabled, under the Equality Act 2010, if they have a mental or physical impairment and that impairment has a substantial and long term adverse effect on their ability to carry out normal day to day activities. An impairment is likely to be viewed as ‘long-term’ if it has lasted for at least 12 months, is likely to last for at least 12 months or it is likely to last for the rest of the person’s life. ...