Clarkslegal LLP - Solicitors in Reading and London

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Jan
19
2018

Covert surveillance breaches right to privacy and data protection law
#Employment #Data Protection

Covert surveillance at work was found to be in breach of the right to privacy and data protection law by the European Court of Human Rights(ECtHR) in Lopez Ribalda & Ors v Spain....

Jan
19
2018

Compensatory rest must be truly equivalent
#Employment

Under the Working Time Regulations a worker is entitled to a 20 minute rest break if they work over six hours. ...

Jan
18
2018

Tier 2 Sponsors: Role of the Authorising Officer
#Immigration #Inward Investment #Employment

Businesses with sponsor licences have a huge responsibility to ensure that the points based system is not abused. The role of the Authorising Officer is to effectively manage the licence and ensure the employer is not in breach of its sponsor duties. ...

Jan
17
2018

Your client is insolvent – six practical steps
#Construction

As contractor, subcontractor or consultant, the nightmare scenario of your client/main contractor entering insolvency might be unavoidable. This might happen despite thorough pre-contract checks and risk protection measures. It’s important to remember that the type of insolvency will influence the likely outcome: Whilst the purpose of administration is to rescue the business or achieve a better realisation of assets, the purpose of liquidation is to realise assets for creditors. This article identifies six things to consider....

Jan
15
2018

Your questions answered - ICO publishes FAQs
#Data Protection

With the General Data Protection Regulation (GDPR) deadline growing closer, the Information Commissioner’s Office (ICO) has published 12 ‘frequently asked questions’ about the regulations....

Jan
12
2018

Lack of GDPR preparation among 2.1million SMEs
#Data Protection

With 5 months to go until the General Data Protection Regulation (GDPR) kicks in, research conducted by The Data Compliance Doctors suggests an alarming amount of SMEs could be at risk of breaching the GDPR the day it comes into effect if they do not take action soon....

Jan
12
2018

New DBS application procedure introduced in England and Wales
#Employment

Basic criminal records checks provide details of an individuals’ convictions and conditional cautions considered to be “unspent” under the Rehabilitation of Offenders Act 1974....

Jan
12
2018

Perceived disability claim upheld by the EAT
#Employment

In The Chief Constable of Norfolk v Coffey the EAT held that an employer’s belief that an employee’s hearing problem may become a disability in the future amounted to direct perceived disability discrimination....

Jan
12
2018

Perspective on the Commonwealth as a Trade and Investment Bloc
#Clarkslegal

Michael Sippitt on 12 January attended a meeting in London organised by the Commonwealth Enterprise and Investment Council, the High Commission of India and the Federation of Indian Chambers of Commerce and Industry, addressed by Mr Suresh Prabhu, Minister of Commerce and Industry of India....

Jan
11
2018

Michael Sippitt writes for World Finance on 'Trade threats and opportunities ahead'
#Press

Despite the amount of geo-political upheaval; the business reality is that economic growth remains robust. The future may appear littered with threats, but opportunities remain plentiful...

Jan
10
2018

Ten years, ten lessons...
#Outsourcing & Supply Chain #Supply Chain Governance

Ten years ago, I moved to the Middle East as a co-founder of FSI Worldwide. Although I am no longer a director of the company and no longer live in the region, our mission was and remains, to try to improve the conditions under which migrant workers are recruited and employed. ...

Jan
09
2018

UKVI confirms Restricted CoS limit reached in December
#Immigration #Inward Investment #Employment

For the first time since July 2015, the Home Office’s monthly Restricted Certificate of Sponsorship (CoS) limit was reached and many employers saw their applications refused. Data published on the government’s website shows that 1,527 applications were granted. Successful applications had to score a minimum of 55 points as opposed to the usual 21 points (see data for previous months)....

Jan
09
2018

Data protection – have you got consent to use and store personal data?
#Data Protection

Under current rules for data protection, businesses are allowed to implement “opt-out” and pre-checked boxes when it comes to obtaining an individual’s consent to collecting and using personal data....

Jan
08
2018

Public procurement: does failing a pass/fail question = disqualification?
#Public Procurement #Dispute Resolution

Shortly before Christmas the judgement in the case of MLS (Overseas) Ltd v The Secretary of State for Defence [2017] EWHC 3389 TCC was released, containing important lessons for bidders and contracting authorities involved in public procurement....

Jan
08
2018

Michael Sippitt writes for City A.M. on ‘The glass is full of opportunity when it comes to global trade’
#Supply Chain Governance #Press

Despite President Trump’s America First philosophy, the UK’s bumbling (though still unclear) exit from the EU, or any number of other “glass half empty” stories that dominate the news, the reality for business generally is that life goes on and deals can and must be done....

Jan
05
2018

What to look out for in 2018
#Employment

With 2018 newly arrived, it’s the ideal time to take a look at what’s in store for the world of business and its employees over the next year....

Jan
05
2018

Protected conversations – an exception to the protection…
#Employment

Pre-termination discussions between employer and employee are protected and cannot usually be referred to by either party in a subsequent unfair dismissal claim....

Jan
05
2018

Looking ahead at business immigration in 2018
#Immigration #Inward Investment #Employment

In 2017, we saw the government push ahead with its policy to reduce net migration to “sustainable levels.” Businesses saw the introduction of the Immigration Skills Levy, the closure of the Tier 2 Intra Company Transfer (ICT) route and an increase to the minimum salary threshold for skilled workers. ...

Jan
03
2018

FIDIC launches new Red, Yellow and Silver Books
#Construction

In December 2017, FIDIC launched new editions of the following contracts to replace the 1999 editions:...

Jan
03
2018

The name is Bond… On-demand Bond
#Construction

A brief insight into the most used form of security in the construction industry, bonds and guarantees, after the recent judgment of Autoridad del Canal de Panamá v Sacyr, S.A. & Ors put these forms of security instruments back in the limelight....

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