Clarkslegal LLP - Solicitors in Reading and London

Legal Updates

Search Legal Updates

Dec
04
2019

General Election 2019 – Party Manifestos on Employment Law and Industrial Relations – Part 4
#Employment

Welcome to Part 4 in our series of blogs summarising each political party’s pledges on matters effecting employment. Today we are looking at the Green Party’s manifesto....

Nov
29
2019

IR35 changes: HMRC ups its game
#Employment

As businesses continue to prepare for the impact of the April 2020 changes to IR35 and the private sector, it is important to be aware that this week the government has launched an update to its online check employment status for tax (CEST) tool....

Nov
28
2019

Employment Tribunal decides that TUPE applies to ‘workers’ not just employees
#Employment

Under TUPE, individuals who are ‘employed’ by the transferor and assigned to the organised grouping of resources or employees that is subject to the relevant transfer (whose contracts would otherwise be terminated by the transfer) will transfer to the transferee. ...

Nov
28
2019

Landmark Supreme Court judgment extending whistleblowing protection
#Employment

The Supreme Court, in Jhuti v Royal Mail, has reversed the Court of Appeal’s decision and held that an employee was unfairly dismissed for making a protected disclosure despite the fact that the decision-maker was unaware of the disclosure. ...

Nov
28
2019

EU net migration plummets to its lowest level since 2003: ONS
#Immigration

The latest report from the Office of National Statistics (ONS) states that net migration from the EU is now at 48,000 for the year ending September 2019. This figure peaked in 2015, when it was at 219,000....

Nov
27
2019

General Election 2019 – Party Manifestos on Employment Law and Industrial Relations – Part 3
#Employment

Welcome to Part 3 in our series of blogs summarising each political party’s pledges on matters effecting employment. Today we are looking at the Liberal Democrat’s manifesto. Set out from page 21, The Lib Dems’ key employment pledges are:...

Nov
25
2019

General Election 2019 – Party Manifestos on Employment Law and Industrial Relations – Part 2
#Employment

Welcome to Part 2 in our series of blogs summarising each political party’s pledges on matters effecting employment....

Nov
22
2019

Global labour standards will have a bigger impact on the UK, whatever the outcome of the election
#Press

the Labour Party has set out a radical manifesto for the future of UK employment law and there has been a lot of focus on the changes to laws affecting trade unions. It is worth picking up on further comments by the shadow chancellor today. When he was put on the spot regarding Labour’s position on secondary picketing, he refused to be pinned down but did state: “We will make sure that people have the right, as in the ILO [International Labour Organisation] conventions to withdraw their labour.”...

Nov
22
2019

Spouse Visa – Financial Requirements
#Immigration

The purpose of the financial requirement is to ensure the applicant has sufficient funds to support themselves in the UK, without having recourse to public funds. Unfortunately, the most common reason for refusing a spouse visa, is due to the applicant failing to demonstrate that they meet the financial requirement....

Nov
22
2019

General Election 2019 – Party Manifestos on Employment Law and Industrial Relations
#Employment

This week, the UK’s political parties are releasing their manifestos for the general election on 12 December 2019. In a series of 5 blogs we will be detailing each parties’ pledges on matters effecting employment, starting today with Labour....

Nov
22
2019

Automatic unfair dismissal due to trade union activities, despite no anti-union prejudice by employer: a warning for employers
#Employment #Employee Relations

In the recent case of Cadent Gas Ltd v Singh the Employment Appeal Tribunal (EAT) has upheld a tribunal decision that an employee was automatically unfairly dismissed because of his trade union activities despite the fact that the disciplinary and appeal officers were not motivated by his union activities....

Nov
20
2019

NHS Visas
#Immigration

In response to the fears of a very strained health service following Brexit, Boris Johnson has introduced the new NHS visa to allow easier recruitment of overseas doctors and nurses. The cost of the visa will be reduced to £464 which is half the usual fee of £928....

Nov
15
2019

Royal Mail Christmas strike prevented
#Employment

This week, Royal Mail won a High Court injunction against what would have been the first national postal strike for a decade, by up to 110,000 workers and scheduled to take place over the Christmas period....

Nov
15
2019

Changing reasonable adjustments could be discriminatory
#Employment

Employers should be aware that changing or removing adjustments for a disabled employee could amount to a failure to make reasonable adjustments, even if they are replaced with other adjustments....

Nov
15
2019

New GDPR Special Category Data Guidance Published
#Data Protection

There are some types of special category data under the GDPR that attract a higher level of protection given their sensitive nature....

Nov
08
2019

Restrictive Covenants – What’s happened in 2019
#Employment

There have been some cases in 2019 which have offered employers guidance on restrictive covenants and demonstrated how important it is for employers to review such restrictions carefully....

Nov
08
2019

How should employers manage workplace romances?
#Employment

The Chief Executive (“CE”) of McDonalds has this week been fired following a romantic relationship with a fellow employee. Despite the fact that the fast food giant acknowledged that the relationship was consensual, the CE was dismissed as he had violated company policy by engaging in the relationship....

Nov
08
2019

Capita not liable to compensate for employee’s racist comments
#Employment

Employers can be held legally responsible (vicariously liable) for the discriminatory actions of their employees which have taken place in the course of employment. To avoid being held liable, an employer would have to show that it took all reasonable steps to prevent the discriminatory actions from occurring. This is exactly what Capita managed to do in a recent racial harassment case, brought against both Capita and one of Capita’s operations managers....

Nov
01
2019

Leaked email from lawyers was legally privileged
#Employment

The Court of Appeal (“CoA”) has disagreed with an Employment Appeal Tribunal’s (“EAT”) interpretation of a leaked email. Instead the CoA held that the correspondence between a lawyer and the Respondent, referring to the possibility of dismissing the Claimant by redundancy, was covered by Legal Privilege. ...

Oct
30
2019

Covert recording of employees: No breach of human rights
#Employment

In López Ribalda and others v Spain, the Grand Chamber of the European Court of Human Rights (ECtHR) has held that it was not a breach of Article 6 (right to a fair trial) or Article 8 (right to respect for a private life) of the European Convention on Human Rights, to covertly record employees as part of an investigation into suspected theft and for the recording to be used at trial....

Page 15 of 150