Clarkslegal LLP - Solicitors in Reading and London

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Jun
09
2017

EU gender pension gap twice the gender pay gap
#Employment

Not to be confused with the gender pay gap, the gender pension gap is defined as ‘the gap between the pre-tax income received as a pension by women and that received by men'. The consultancy firm Mercer has recently found that this gap in the EU is more than twice the gap between men and women’s earnings, standing at 40%, compared to the gender pay gap of 16%....

Jun
09
2017

Letter of Intent - The Need to Know
#Construction

This article considers some of the merits and potential pitfalls of proceeding with construction works under a Letter of Intent....

Jun
09
2017

Territorial Jurisdiction: an objective test
#Employment

In the recent case of Green v SIG Trading Ltd, the EAT held that the question of whether an employee has a sufficiently strong connection to the UK (to give a tribunal territorial jurisdiction to consider a claim) is an objective rather than a subjective test....

Jun
09
2017

Court finds employees don’t have to disclose intention to compete
#Employment

In MPT Ltd v Peel and others, the High Court was asked to grant an interim injunction against two senior employees of MPT who planned to run a competing business after they left MPT and their restrictive covenants had expired. ...

Jun
08
2017

David Rintoul to speak at 2017 Soft Landings Conference
#Construction

We are delighted to confirm that our partner David Rintoul, head of our construction and engineering group, has been asked to speak at the national 2017 Soft Landings Conference: Delivering value through Soft Landings conference organised by BSRIA, the Built Environment specialists. It will take place on Friday 16th June at RIBA HQ in London and our clients and friends are all warmly invited to attend the conference, invitation to which can be accessed via the below link:...

Jun
08
2017

Break Clauses and Alienation: The Code for Leasing Business Premises 2007
#Real Estate

A large percentage of modern leases of business premises include break clauses and virtually all will include provisions restricting the assignment and underletting of the lease. A landlord will generally seek to control the exercise of a tenant’s break and the tenant’s right to assign or underlet its premises as far as possible without damaging any future rent review on the grounds that the lease contains onerous conditions....

Jun
08
2017

1954 Act Protection – Is it worthwhile?
#Real Estate

Members of the Real Estate Team at Clarkslegal are often asked by clients whether a lease that has the protection of the Landlord & Tenant Act 1954 is more valuable than a lease which does not have the benefit of such protection....

Jun
06
2017

Perfecting Imperfect Bids Part 1 - When is a clarification not a clarification?
#Public Procurement #Commercial

In a tender for a public works, service or supply contract once a tender has been submitted what is permitted under Directive 2004/18/EC by way of clarification of that tender submission ...

Jun
02
2017

Tech City UK Reports “Huge” Rise in Tech Visas
#Immigration #immigration #immigration lawyer #visa #Tier 1 #David Cameron #UK #Tier 2

This week, Tech City UK revealed that applications for Tech Nation’s Tier 1 Exceptional Talent visa scheme more than quadrupled over the course of last year. Reports show that for 2016-2017, Tech City UK received over 380 applications for endorsements compared to 100 in the previous year. So far, 260 of these applications have been endorsed with the applicants going on to make their application to the Home Office under the Tier 1 Exceptional Talent visa route. ...

Jun
02
2017

Managing Partner Monica Atwal joins high-level officials for India-Commonwealth SME Trade Summit in New Delhi
#Clarkslegal #Press

On the 30th and 31st May, Clarkslegal Managing Partner Monica Atwal attended the first India-Commonwealth SME Trade Summit in India, along with other business leaders and high-level policymakers. Among the topics discussed were Brexit, deepening intra-Commonwealth trade, trade facilitation in services and cross-border e-commerce....

Jun
01
2017

Can you use procurement law to halt development?
#Public Procurement

If a local authority does not comply, one or more of the unsuccessful bidders may have grounds to challenge the award of the contract. But what about non-bidders? ...

Jun
01
2017

“Mini” strike exposes major pension issues
#Employment

In April workers at BMW’s UK plants started a wave of one day strikes, halting the output of the iconic Mini. This is the first ever walkout by staff at these sites and the cause was BMW’s plan to close a defined-benefit pension scheme and replace it with a contribution-based scheme, a move the Unite union believe will cost workers up to £160,000 in lost income....

Jun
01
2017

Supreme Court determines a pay deduction rate of 1/365 for each day employees participate in lawful strike action
#Employment

In Hartley v King Edward VI College, the Claimants were teachers who participated in a full day of lawful strike action. Their employment contracts permitted pay to be deducted for any days on lawful strikes but did not specify the calculation to be applied. The employer deducted 1/260 of their annual pay, basing the calculation on working days in a year rather than calendar days....

Jun
01
2017

Employer’s belief that a disclosure was not protected was not relevant
#Employment

It is automatically unfair to dismiss an employee on the basis that he or she has made a protected disclosure, more commonly known as ‘whistleblowing’. The Court of Appeal, in Beatt v Croydon Health Services NHS Trust, has made clear that an employer’s belief that a disclosure was not protected is irrelevant in such dismissals....

May
31
2017

Louise Merrell writes for EmploymentSolicitor.com on Great Repeal Bill and its impact on UK employment law
#Employment #Press

A significant amount of UK employment law is derived from EU law so what’s going to happen after Brexit? Louise Merrell, senior solicitor at Clarkslegal takes a look at the laws which may be destined for the chopping board…...

May
31
2017

Clarkslegal advises OASIS Group on its latest UK acquisition
#Corporate

Clarkslegal, led by corporate lawyers Jon Chapman and Esma Kilic, advise OASIS Group on its latest UK acquisition. OASIS Group is one of the fastest growing records and information management (RIM) companies in Europe....

May
30
2017

Is TUPE the next threat to the ‘gig economy’?
#Employment

Recently it has been hard to escape reports about employment status and the ‘gig economy’ with companies like Uber, Deliveroo and Addison Lee attracting much attention....

May
30
2017

Partner Stephen James features in Raconteur article on risk management for employees
#Dispute Resolution #Crisis Management #Press

Dispute Resolution Partner Stephen James provided Dan Matthews at Raconteur with an expert opinion on how companies can prepare their employees for the unexpected....

May
26
2017

Michael Sippitt for World Finance: How the Commonwealth can make Brexit a success
#Clarkslegal #Environment

Michael Sippitt, Chairman of Clarkslegal, has article published in World Finance...

May
26
2017

Home Office refuses to grant Entrepreneur Visa to Inventor of ‘Smart’ Walking Stick
#Immigration #Inward Investment #Employment

This week, ITV reported that the Home Office have refused to grant Neha Chaudhry, an award winning young Pakistani entrepreneur, a visa to remain in the country as a highly skilled migrant...

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