The Government has started a consultation on increased regulation of confidentiality clauses in a bid to tackle cases of unethical misuse. ...
In SW Yorkshire Partnership NHS Foundation Trust v Jackson, the Claimant was involved in a redundancy exercise whilst on maternity leave. ...
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....
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....
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....
The Home Office has updated its guidance for UK citizens travelling to Europe after 29 March 2019 if there is no EU Exit deal....
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. ...
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. ...
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....
An 88-year-old woman has succeeded in her age discrimination claim, making her the oldest person to win such a case. ...
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. ...
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....
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....
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)...
Clarkslegal’ s corporate team enjoyed a bumper 2018, closing 32 transactions including mergers, acquisitions, disposals, financings and restructurings....
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....
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....
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....
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. ...
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....