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. ...
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....
Judicial Review is an important remedy and is used to challenged decisions made by public bodies, or those made on their behalf. In immigration cases, it can be used to challenge decisions which do not provide a statutory right of appeal....
The government released its Statement of Changes to the Immigration Rules on 24 October 2019 and finally shed some light on the ambiguous Euro Temporary Leave to Remain (Euro TLR). The following are key features of the new Scheme:...
The House of Common’s library has published a briefing on UK’s future immigration system. The paper gives an overview of why the immigration system is changing, and what changes to expect. ...
In the recent case of Gray v Mulberry Company (Design) Ltd, the Court of Appeal has dismissed an employee's claim that her belief in "the statutory human or moral right to own the copyright and moral rights of her own creative works and output” was a philosophical belief under the Equality Act 2010. ...
The High Court in the case of R (Open Rights Group & the 3 million) v Secretary of State for the Home Department [2019] EWHC 2562 (Admin) has dismissed a challenge against the Immigration exemption to data protection rights in the General Data Protection Regulations (‘GDPR’)...
Priti Patel had recently announced the introduction of the ‘vindaloo visa’, which came into effect on 6 October 2019. But what exactly is this visa? ...
In the case of Mackereth v The Department for Work and Pensions and another, the Claimant was a doctor who refused to use transgender individuals’ preferred pronouns and titles as he claimed it went against his Christian beliefs. ...
Naturalisation is the process of becoming a British citizen for adults. This process has various requirements which include a minimum period of previous residence, knowledge of life and language in the UK among others....
The EU Exit: ID Document Check is an app by the Home Office which is used to verify the identity of anyone applying under the EU Settlement Scheme. The app provides a quick way of applying under the scheme, without the need to send your physical documents to the Home Office for verification. ...
NDAs have long been a popular subject in the media. Seeking to clarify its position on their use in employment matters, the Equality and Human Rights Commission has issued new guidance. ...
The Supreme Court has ruled on the Gilham v Ministry of Justice case and held that while judges could not be classed as workers, it would be a violation of their human rights to exclude them from whistleblowing protections. ...
Many non-EU family members are under the false impression that once they have been granted a Family Permit, they have indefinite leave to remain in the UK. This is definitely not the case....
We previously covered the possible return of the Post-Study Work (PSW) Visa. We now understand that the revamped version will be known as the Graduate Immigration Route, and the government has provided further details of this new visa....
Clarkslegal is pleased to announce that Chambers and Partners has recognised the firm for the following practice areas; Construction, Employment, Litigation and Real Estate....
Brexit. A term that is currently riddled with uncertainty. There are many questions about the difference between Permanent Residence (PR) and Settled status in a post-Brexit Britain. Therefore, this article will seek to answer some of those questions. ...
This week, in Base Childrenswear v Otshudi, the Court of Appeal confirmed that not being honest about the reason for dismissal can show that the employer has a discrimination case to answer. ...
In the wake of September’s Global Climate Strike, protests previously confined to the personal sphere are now spilling over onto the streets and taking place during the working day. ...
As the April 2020 IR35 changes loom ever larger, there is a lot of attention on challenges under the current system to the tax arrangements of consultants providing work through their own personal service companies. ...