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!...
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....
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....
We took another step forward yesterday in the move towards driverless transport. ...
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. ...
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....
Hannah Mycock-Overell explains how good record-keeping practices will help if disputes later arise...
It will not have escaped organisations’ attention that data protection laws have undergone significant reforms lately. The GDPR came into force on 25 May 2018, however we also have a new Data Protection Act 2018 (DPA 2018) which is now in force, thanks to some last-minute prompt progress through Parliament....
The proposal for a ‘golden thread’ should be extended to all buildings, argues Hannah Mycock-Overell....
Clarkslegal, led by real estate lawyer Simon Ralphs, advised Chef Emily Roux on all of the property aspects of her new venture Caractère....
In a recent ruling by the Employment Tribunal, Hermes couriers have been deemed to be workers. This is the latest in a long line of decisions about the gig economy, including Pimlico Plumbers, Uber, Citysprint and Deliveroo, in which the general trend has been that those working in the gig economy have been found to have greater rights than the company may have envisaged....
The UK Government has announced changes to the immigration rules that will come into effect on 6 July 2018. Many of the changes are positive and will bring welcome news to those looking to work or invest in the UK. Below is a summary of the main changes....
In Kilraine v London Borough of Wandsworth the Court of Appeal has confirmed that to be protected under whistleblower legislation, disclosures need to be more than mere allegations and have sufficient factual content and specificity of a relevant failure set out in the Employment Rights Act 1996. ...
Losing a tender is never a welcome experience, especially when significant time and money has been expended on preparing your bid. In some cases, there may be good reasons to challenge the outcome legally. But what are the possible outcomes of challenging the award of a public contract? ...
In the UK construction industry, payment is usually made at intervals during a project, often by way of a monthly application by the party seeking payment....
The UK government has now released details of the “settled status” scheme which EU nationals in the UK will use to apply for permanent residence after Brexit. Sajid Javid confirmed the government’s default position will be to grant, not refuse, settled status. The government has also provided clarity on application fees and Comprehensive Sickness Insurance, which will no longer be required....
It is automatically unfair to dismiss an employee for taking part in trade union activities at an appropriate time. It is also unlawful to subject an employee to a detriment on this basis. For a union official, union activities include seeking to present a case on behalf of his/her members....
It is common for parties to a tribunal claim to agree, at an early stage, the list of the issues that they want a tribunal to determine. In the recent case of Scicluna v Zippy Stitch the Court of Appeal has suggested that tribunals will usually be confined to these issues. ...
In a hugely significant judgment for businesses, the Supreme Court has tightened the flexibility traditionally enjoyed by contracting parties to vary the terms of their contracts (Rock Advertising Ltd v MWB Business Exchange 2018)....
Advances in technology have been one of the major causes of the significant impact that we have had on the resources and natural balance of the planet, specifically the energy that we use (think planes, trains, cars, air-conditioning and so on). ...