A recent decision of the European Court of Justice has clarified the circumstances in which an agent will be classified as a commercial agent for the purpose of the Commercial Agents (Council Directive) Regulations 1993. Commercial agents benefit from important protection under the Regulations, including the right to compensation on termination of the agency arrangement....
The Chancellor presented his Spring Statement to Parliament this week. The Government suggest that there are over 3.5 million more people in work than there were in 2010 and a million fewer workless households, unemployment rates continue to decline being at 4%; their lowest in more than 4 decades...
In M Davenport v Greer, one of the first cases to follow the court of Appeal’s decision in S&T v Grove (which we discussed here), the TCC held that an employer could not use a “true value” adjudication decision as a defence or set off to enforcement proceedings for an earlier decision in favour of the contractor....
In the case of Braine and others v The National Gallery an Employment Tribunal (ET) has held that art experts who worked as Educators for the National Gallery were workers and not independent contractors as argued by the Gallery. The ET held that the Educators only had the status of worker when undertaking an actual assignment and when they were in between assignments they were neither employees nor workers....
The government aims to have an innovative, highly skilled and highly productive workforce in the UK. There has been great emphasis on global mobility and encouraging the ‘best and the brightest’ come to the UK, but what about the loyal workers who are classified as lower-skilled?...
A CVA is a procedure that allows a company: to settle debts by paying only a proportion of the amount that it owes to creditors ...
Last week saw the broadcast of Clarkslegal’s annual Public Procurement Update webinar. Over 200 procurement specialists signed up to watch this well-received event which will be followed up later in the year by our popular webinar on “Challenging Procurement Awards”....
We’ve been asked on several occasions in recent times by GP surgeries to give advice about having “green socks clauses” put into their partnership agreements. Such a clause allows the partners to expel one of their number from the partnership without any reason (or even because their fashion sense is questionable), and can be useful where a partner simply does not fit, even though they are not strictly at fault in any way....
Regardless of whether the UK is in or out of the EU, the Commonwealth is a superb natural market for business. And SMEs must ensure they capitalise on the labour and opportunities the Commonwealth countries provide....
The Government published yesterday 297-pages of changes to the Immigration Rules. Separately, it also announced changes to the Immigration fees. Most of these changes will be effective from 29 March 2019....
Women taking leadership roles is often portrayed these days as a ground-breaking development, something achieved through relatively recent laws and strong social pressure about equality of opportunity....
Brexit and immigration policy has introduced more challenges for the recruitment industry. Simon Kent explores what recruiters can do at a time of uncertainty....
If you are an elite sportsperson or coach who is internationally established in your sport, then you could be eligible to apply for a Tier 2 (sportsperson) visa. ...
The Government has started a consultation on increased regulation of confidentiality clauses in a bid to tackle cases of unethical misuse. ...
In SW Yorkshire Partnership NHS Foundation Trust v Jackson, the Claimant was involved in a redundancy exercise whilst on maternity leave. ...
The Brexit noise is deafening for those wishing to migrate to the UK. However, the UK Immigration routes remain open for business. Businesses who have utilised these routes have been able to utilise global talent to further their business needs....
In Hare Wines v Kaur, the Claimant had a strained working relationship with a colleague who, as it happened, was going to be a director in the transferee’s business. The Claimant was dismissed on the transfer date and alleged that this was because of the transfer (and, thus, automatically unfair). The Tribunal agreed and, in doing so, recognised that the ongoing difficulties in the working relationship played a part in the dismissal....
The best tech talent from around the world can come to the UK on a Tier 1 (Exceptional Talent) visa; maintaining the UK’s position in being ahead of the global digital economy. The UK has a renowned digital technology reputation, and this is largely attributed to the great digital technology specialists we have in the UK....
The Home Office has updated its guidance for UK citizens travelling to Europe after 29 March 2019 if there is no EU Exit deal....
If you are looking to set up a branch or subsidiary in the UK for an overseas business and you are from outside of the EEA and Switzerland then this may be a suitable option for you as opposed to following the points-based system routes, which are more stringent. The business must not have any active branch, subsidiary or other representative in the UK. ...