Clarkslegal LLP - Solicitors in Reading and London

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Jul
20
2018

Philosophical belief: one in the bag for Mulberry
#Employment

The Employment Appeal Tribunal has recently found that a belief held by only one person, cannot give rise to an indirect discrimination claim on the ground of philosophical belief. The claimant worked for Mulberry as a Market Support Assistant: a role which gave her access to some of Mulberry’s designs ahead of their launch to market. ...

Jul
20
2018

Permitted Business Activities under a Visitor Visa
#Immigration #Inward Investment

Over the last few years, UK’s immigration rules have provided greater flexibility to non-EEA nationals wanting to visit the UK as business visitors. Whilst there is no specific business visit visa, the Standard Visitor visa allows visa nationals to undertake a wide range of business activities including attending non pre-arranged meetings and working in the UK office of their overseas employer (providing they do not deal with clients directly)....

Jul
19
2018

The Construction Sector Deal – investment in “bytes and mortar”
#Construction #Information Technology

On 5 July 2018, the Government announced its Construction Sector Deal worth £420 million to transform the UK construction industry by improving productivity through greater investment in innovation and skills....

Jul
18
2018

Electric Vehicles: The next revolution in transport?
#Information Technology

Will EVs overtake traditional internal combustion engines as our default mode of transportation? Recent data suggests so and perhaps very quickly if the current pace of adoption persists....

Jul
18
2018

Successful appeal erases dismissal
#Employment

In the recent case of Patel v Folkstone Nursing Home Ltd, the Court of Appeal held that an employee had not been dismissed by his employer as his internal appeal against dismissal had been successful; thereby effectively erasing the earlier dismissal. The claimant had been dismissed for gross misconduct for falsifying records and sleeping whilst on duty. ...

Jul
16
2018

Michael Hibberd comments for Elite Businesses on Uber – ‘Above the Law?’
#Employment #Information Technology #Press

Uber had its brakes slammed on last September after Transport for London (TFL) revoked its five-year licence for failure to report crime and to properly background check its drivers....

Jul
13
2018

Facebook to pay for data protection breaches
#Data Protection

The ICO has announced that Facebook will be fined the maximum possible amount of £500,000 for its breaches of the Data Protection Act in relation to the Cambridge Analytica scandal, an amount that pales in comparison with the new fines introduced under GDPR. We previously blogged on the scandal here....

Jul
13
2018

Recurring holiday dreams?
#Employment

In Flowers v East of England Ambulance Trust, The Employment Appeal Tribunal has confirmed that voluntary overtime should be included when calculating holiday pay, if it is paid over a sufficient period of time. The ambulance crew members in this case did both mandatory but non-guaranteed overtime (shift over-run) and voluntary overtime, both of which were irregular. However, the voluntary overtime was not included in their holiday pay calculations. ...

Jul
13
2018

Discrimination arising from disability: Any treatment must be proportionate
#Employment

In Ali v Torrosian and others (t/a Bedford Hill Family Practice) the EAT confirmed that when determining a claim for unfavourable treatment arising in consequence of a disability, Tribunals must consider whether the employer’s pursued legitimate aim could be achieved by less discriminatory means. Discrimination arising from disability (“unfavourable treatment”) was a new ground of claim created under the Equality Act 2010. ...

Jul
09
2018

Can I have access to a neighbour’s land to carry out works to my property?
#Real Estate

We are often asked by landowner clients whether there is any legal right to go on to a neighbour’s land to carry out repair and maintenance works where it is not possible to carry out such works from the landowner’s own property and there is no legal right in place allowing access to the neighbour’s land. If the Party Walls legislation does not apply to the site in question, the Access to Neighbouring Land Act 1992 (“the Act”) may be of assistance. ...

Jul
09
2018

Cyber Security Regulation – Key Points
#Information Technology #Corporate

EU Directive Security of Networks & Information Systems (NIS) was a response from the EU to concerns about cyber security impacts on key infrastructure within the EU and the impacts that this would have on its citizens....

Jul
09
2018

Data Protection Reform and buying and selling businesses and assets
#Data Protection #Commercial #Corporate

The Introduction of GDPR and the new Data Protection Act 2018 has already been the subject of many an article and discussion....

Jul
06
2018

Government announces new visa scheme for overseas researchers
#Immigration #Inward Investment

Immigration rules are to be relaxed by the Home Office today with the introduction of a new ‘UKRI Science, Research and Academia’ scheme which allows non-EEA researchers, scientists and academics to come to the UK for up to 2 years. The new scheme will be added to the Tier 5 (Temporary Worker – Government Authorised Exchange) visa route. ...

Jul
06
2018

How Tech is Caring for the Healthcare Sector
#Information Technology #Healthcare

The NHS turned 70 yesterday. During that time, there have been huge scientific breakthroughs including the discovery of DNA structure, huge advances in transplant surgical techniques and the development of IVF – to name just a few!...

Jul
06
2018

Right to work check: Failure to give right of appeal following dismissal, found to be unfair
#Employment #UK Immigration

As we have previously blogged, if an employee fails to produce evidence of his right to work in the UK, it will not necessarily be fair for an employer to dismiss on the basis that it would be illegal to continue to employ the employee. However, dismissal in these circumstances can still be fair if the employer has a reasonable and genuinely held belief that it would be illegal to continue to employ them and has followed a fair process....

Jul
06
2018

Qualifying period for Unfair Dismissal Claims
#Employment

If an employee is dismissed for gross misconduct just short of 2 years service, s/he cannot add on statutory minimum notice so as to qualify to bring an unfair dismissal claim, found the Employment Appeal Tribunal (EAT) in Lancaster & Duke Limited v Wileman....

Jul
05
2018

Take a trip on a driverless bus?
#Information Technology

We took another step forward yesterday in the move towards driverless transport. ...

Jul
04
2018

Retention and Payment – Know Your Rights Seminar on 20 June 2018
#Construction

In case you missed our seminar on 20 June 2018 in Reading with BESA (The Building Engineering Services Association), here is our summary of what was said, and the key take-away points from the event. ...

Jul
04
2018

Bangladesh UK Environmental Foundation Update July 2018 - Michael Sippitt, Chairman, The CEIP
#Environment

We are pleased about the completion of the first project funded by the Bangladesh UK Environmental Foundation (an initiative connected with Clarkslegal, via the Commonwealth Environmental Investment Platform – The CEIP), which we helped to set up with Bangladeshi diaspora community links in the UK. This is the installation of a water treatment plant, which allows 150 families to collect safe drinking water. It is anticipated that 300-400 families will benefit from this service in the future....

Jul
03
2018

Hannah Mycock-Overell writes for Building Magazine - Legal: Broken records can be expensive
#Construction #Press

Hannah Mycock-Overell explains how good record-keeping practices will help if disputes later arise...

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