Clarkslegal LLP - Solicitors in Reading and London

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Mar
07
2019

Business Immigration routes to the UK
#Setting up in the UK #UK Immigration

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....

Feb
28
2019

Dismissal for ‘purely personal reasons’ was still automatically unfair under TUPE
#Employment

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....

Feb
25
2019

Creative, pioneering and the finest: Digital Technology – Tier 1 (Exceptional Talent)
#Immigration #Inward Investment

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....

Feb
25
2019

Travelling to Europe after 29 March 2019? – Read this before you go
#Immigration

The Home Office has updated its guidance for UK citizens travelling to Europe after 29 March 2019 if there is no EU Exit deal....

Feb
21
2019

Representative of an Overseas Business
#Immigration #Inward Investment

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. ...

Feb
21
2019

Government issues further clarifications on the EU Settlement Scheme
#Immigration #Inward Investment

The first public test phase of the EU Settlement Scheme has now completed its first month. This has not been without issues and technical glitches. ...

Feb
19
2019

Getting the Resident Labour Market Test right
#Immigration #Inward Investment

The Resident Labour Market Test (RLMT) is a key part of the Tier 2 (General) Sponsorship System. It is also one which has the potential of causing the most issues. This is because if not done right, the employer must re-do the test again causing significant delays which may result in losing their ideal candidate. It is also of note that if the RLMT is not conducted properly or evidence of it is not kept, the UKVI is very likely to take compliance action against the Sponsor....

Feb
14
2019

88-year-old wins age discrimination claim
#Employment

An 88-year-old woman has succeeded in her age discrimination claim, making her the oldest person to win such a case. ...

Feb
12
2019

Brexit & Business
#Immigration #Inward Investment

The Government’s white paper on Brexit, promises a post-Brexit Immigration system for everyone. However, it has left businesses wanting, especially those who rely on their vital EU staff. ...

Feb
12
2019

Claimant tests the obligation of a Defendant to conduct investigations before filing a Defence
#Dispute Resolution

In a complex historical dispute before the Court of Appeal, the Court has examined what investigations a Defendant must conduct before saying in its Defence that it is “unable” to answer a particular allegation made by the Claimant....

Feb
12
2019

Government’s golden promise to Norway, Iceland and Liechtenstein if no-deal Brexit
#Immigration #Inward Investment

The new Agreement published on 8 February 2019 provides protection to the rights of residence for three EEA EFTA States: Norway, Iceland and Liechtenstein in the event of a no-deal. Fortunately for these selective States the entitlements (to work, study and access public funds) of their nationals will be broadly as they are now. Their rights will be protected by international and domestic laws post Brexit. Please note that similar provisions already apply to Switzerland....

Feb
12
2019

Reduction in Submission Deadline for Stamp Duty Land Tax
#Real Estate

Stamp Duty Land Tax (“SDLT”) is a tax which is payable on the purchase or leasehold transfers of property if they are valued over a certain threshold. SDLT is payable to HMRC. Currently, and until 28 February 2019, the filing and payment deadline for SDLT is 30 days after the 'effective date' of the transaction (i.e. completion of the transaction)...

Feb
12
2019

Clarkslegal’s corporate team advises on 32 transactions in 2018
#Corporate #Commercial #Press

Clarkslegal’ s corporate team enjoyed a bumper 2018, closing 32 transactions including mergers, acquisitions, disposals, financings and restructurings....

Feb
11
2019

Using technology to save the planet
#Information Technology #Environment

Drax Power Station in North Yorkshire has become the first in Europe to use technology to capture carbon dioxide produced from burning fuel to generate electricity. This has been commended as a huge step forward in the fight to prevent climate change....

Feb
11
2019

Global Innovation – Calling all Architects
#Immigration #Construction #Inward Investment

From 10 January 2019 it become possible for architects to apply under a Tier 1 (Exceptional Talent) visa. Previously architects could only follow the Tier 2 route, where they would have to be sponsored by a licenced Sponsor, who would have to meet the Residence Labour Market Test (RLMT) before making an offer of employment to the migrant and prior to the migrant coming to the UK....

Feb
08
2019

Restricted Certificates of Sponsorship and the annual cap
#Immigration #Inward Investment

The Government, in its white paper last year, announced a proposal to remove the cap on sponsoring Tier 2 migrants. This cap applies to Tier 2 (General) migrants earning less than £159,600, applying from outside the UK or are already in the UK as a dependent of a Tier 4 migrant....

Feb
08
2019

CJEU Suggests Keeping Records of Time Worked
#Employment

In an official Opinion on 31st January 2019, the Advocate General has proposed that in order to truly comply with the Working Time Directive EU members must, through national law, require employers to keep actual records of any time worked by their employees. ...

Feb
08
2019

A good gig
#Employment

As we blogged at the time, an employment tribunal decided last year that a group of Hermes couriers, whose written contracts described them as self-employed business people drivers, in fact had the statutory rights of “worker”. This includes the right to be paid at least the national minimum/living wage, to receive holiday pay and to seek union recognition....

Feb
07
2019

Michael Sippitt Awarded Leading Human Resources Individual Outside of London at Legal 500 UK Awards 2019
#Employment #Press #Clarkslegal

Michael Sippitt, Chairman of Clarkslegal LLP and Director of Forbury People, Clarkslegal’s subsidiary HR consultancy, was delighted to accept his award as the leading ‘Human Resources Individual Lawyer outside of London’, at last night’s Legal 500 UK Awards 2019 in London....

Feb
07
2019

Building a safer future—the government’s building and fire safety implementation plan
#Construction

Construction analysis: In December 2018, the government published its implementation plan for fundamental reform of the building and fire safety regulatory system. ...

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