Clarkslegal LLP - Solicitors in Reading and London

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Apr
09
2019

Are liquidated damages recoverable in the event of termination?
#Construction #Dispute Resolution

In construction projects it is not uncommon for an employer to terminate the contract before the works are completed. In Triple Point Technology Inc v PTT Public Co Ltd [2019] EWCA Civ 230, the Court of Appeal reviewed the law on liquidated damages provisions in relation to delay and considered whether liquidated damages are recoverable in the event of termination. ...

Apr
09
2019

Importance of good corporate governance is the take-home message of Stobart Group V Tinkler
#Directors' Duties #Corporate

Director’s duties are paramount to good corporate governance, as outlined by the go-to definition produced by the Cadbury Committee in 1992: "Corporate governance is the system by which companies are directed and controlled. Boards of directors are responsible for the governance of their companies. The responsibilities of the board include setting the company's strategic aims, providing the leadership to put them into effect, supervising the management of the business and reporting to shareholders on their stewardship.”...

Apr
05
2019

GDPR – A year on
#Data Protection

It is almost a year since one of the largest scale reforms of data protection law has taken place. In the run up to May 2018 employers across the country were frantically preparing vast amounts of new documents in light of the impending implementation of the General Data Protection Regulations (GDPR)....

Apr
05
2019

High Court rejects strike injunction
#Employment

The High Court has refused an application made by Birmingham City Council for an injunction to prevent strike action by Unite and Unison. ...

Apr
05
2019

Recommendation in employer’s policy likely to be a reasonable adjustment
#Employment

In Linsley v Commissioners for Her Majesty's Revenue and Custom, the Employment Appeal Tribunal (EAT) has given guidance on how a Tribunal should approach the issue of reasonableness in cases relating to reasonable adjustments for disabled employees. ...

Apr
02
2019

Legal and property experts call for mandatory Indoor Air Quality (IAQ)
#Construction #Real Estate #Environment #Press

A group of lawyers, property professionals and environmental consultants called for indoor air quality measures to be made legally enforceable during a roundtable discussion chaired by the Building Engineering Services Association (BESA)....

Mar
29
2019

The new Innovator Visa & Start-up Visa routes are officially open
#Immigration #Inward Investment

The government announced the closure of the Tier 1 (Entrepreneur) and Tier 1 (Graduate Entrepreneur) routes on 7 March 2019. In their statement of changes to the Immigration Rules, these routes are to be replaced by the Innovator Visa and the Start-Up Visa. ...

Mar
29
2019

Professional Sportsperson redefined
#Immigration #Inward Investment

The new definition of a ‘professional sportsperson’ has caused chaos as it widens the definition of activities which fall within this prohibition. The government announced the amendment to the definition of a ‘professional sportsperson’ on 7 March 2019. ...

Mar
29
2019

Bias, without a non-discriminatory reason, amounted to discrimination
#Employment

Tywyn Primary School v Aplin concerned a gay primary school Head Teacher who had sexual relations with two 17-year-old males he had met on Grindr....

Mar
29
2019

Like for like comparison required when relying on a hypothetical comparator
#Employment

In Sutton Oak Church of England School v Whitaker, the employee was a gay male teacher. He was found in a classroom alone with, and offering sweets to, a male year 5 pupil during a lunchtime break, in breach of guidelines issued to him 13 years prior as part of an earlier disciplinary outcome. He was dismissed....

Mar
28
2019

Can disciplinary proceedings continue alongside a police investigation?
#Employment

In North West Anglia NHS Foundation Trust v Gregg, the Court of Appeal overturned an injunction that had prevented an employer from continuing with disciplinary proceedings pending the outcome of police enquiries....

Mar
22
2019

Suspension will not breach trust and confidence if there is a reasonable and proper cause
#Employment

We previously blogged on the High Court case of Agoreyo v London Borough of Lambeth, in which the High Court held that the suspension of a teacher was a “knee jerk reaction” which breached the implied term of trust and confidence (enabling Ms Agoreyo to resign and claim constructive dismissal)...

Mar
22
2019

Changes to Statutory Payments and Tribunal Awards from April 2019
#Employment

The government has confirmed increases to statutory payments and tribunal awards, which will take effect on 6th April 2019....

Mar
22
2019

Brexit Update: Is the UK leaving on the 29th of March?
#Immigration #Inward Investment

The 29th of March 2019 has been an important date marked in the diaries of millions of UK and EU citizens. However, the events of last night may mean that this date is likely to change....

Mar
19
2019

Commercial agents: working too closely with your principal?
#Dispute Resolution

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....

Mar
15
2019

Spring Statement 2019: Employment News
#Employment

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...

Mar
14
2019

M Davenport Builders Ltd v Greer & Anor – a true value adjudication decision cannot be used to resist enforcement of a prior adjudication decision on validity
#Construction

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....

Mar
14
2019

Worker status in the public sector…the plot thickens
#Employment

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....

Mar
14
2019

Don’t forget about us: Lower skilled workers
#Immigration #Inward Investment

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?...

Mar
12
2019

Company voluntary arrangements
#Real Estate

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 ...

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