Clarkslegal LLP - Solicitors in Reading and London

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Oct
09
2018

Its not all bad news in ‘The Future Of Jobs Report 2018’
#Information Technology #Employment

The Fourth Industrial Revolution, to use World Economic Forum founder Klaus Schwab’s slogan, is well and truly on its way. However, the latest report out of Davos (the location of the WEF’s annual gathering of business leaders and politicians) is that whilst 75 million jobs could be displaced by rapid technological advances, roughly 133 million jobs could be created within the next 10 years. ...

Oct
09
2018

What to do when your staff member suffers a bereavement
#Employment

It is worth thinking about how your organisation would handle an employee’s bereavement as dealing with this well will ensure that the staff member returns to work and productivity as soon as possible....

Oct
09
2018

Public procurement: what does cross-border interest mean?
#Public Procurement

We are often consulted by clients wishing to challenge the outcome of tenders which are not governed by the Public Contracts Regulations 2015, Concession Contracts Regulations 2016 or Utilities Contracts Regulations 2016, usually because the value of the tender is not high enough to meet the financial thresholds over which the Regulations apply. It is sometimes still possible to challenge the outcome of a below-threshold tender, if it can be shown that there was, or would have been, cross-border interest in the contract. In that case, general EU Treaty principles of transparency, proportionality and non-discrimination will still apply to the conduct of the tender, and a challenge may be possible if it can be shown that the public body has breached one of these principles....

Oct
08
2018

The Benefits and “Pit-falls” of Shared Work-Spaces
#Real Estate #Information Technology

Shared work spaces are designed to accommodate flexible, agile working and are gradually becoming more widespread in the commercial property market. The appeal is obvious; affordable, shared, serviced work-hubs where the Tenant can rent a space, nurture their business and share ideas with like-minded cohabitees from a diverse range of backgrounds. ...

Oct
05
2018

Assessing Costs – What does proportionality really mean?
#Construction #Dispute Resolution

In civil litigation the presumption is that the losing party pays the winner’s costs. However, unless agreed, such costs must be assessed by the Court. This process is of crucial importance because the winning party must pick up the shortfall itself, eating into the proceeds of claim....

Oct
05
2018

A different ‘gig’ but the same result?
#Employment

There has been a steady stream of high profile cases about employment rights and the boundaries between categories of employment and self-employment in the modern economy, with particular focus on tech platforms providers like Uber. Largely (but not exclusively), the trend has been that those working in the gig economy have been found to be workers, rather than employees or people running their own micro businesses....

Oct
05
2018

CIPD and Mind launch guidance for managers to support mental health at work
#Employment

Last week saw the launch of a new guide aimed at assisting and supporting those who battle mental health issues in the workplace. The guide has been compiled by the CIPD, the UK’s leading professional body for HR and people development, and Mind, the longstanding mental health charity. CIPD’s recent ‘Health and Well-Being at Work’ report, produced in partnership with Simplyhealth, showed increases in work-related stress and mental health...

Oct
04
2018

Can off-site manufacturing improve productivity in the construction industry?
#Construction

The Government recently published a report into off-site manufacturing for construction, exploring how construction industry productivity can be improved through the use of off-site manufacturing. The report is available here. ...

Oct
04
2018

The Unforeseeable Consequence of Force Majeure
#Commercial #Corporate

The doctrine of frustration in English Law provides very limited remedy and therefore, it is well established that parties should include a provision in a commercial agreement which governs issues of liability where a contract cannot be performed by virtue of unforeseen circumstances....

Oct
04
2018

Overview of our recent seminar on JCT and NEC forms
#Construction

On 26 September 2018 and 4 October 2018, we hosted a seminar ‘JCT and NEC: Standard Forms Compared’ which covered the following topics:...

Oct
04
2018

MPs call for big companies to publish parental leave policies
#Employment

Following a campaign by the Liberal Democrats, suggesting that employers with over 250 employees be obliged to share their parental leave policies, ten major employers (including Deloitte and RBS) have agreed to publish their parental leave and pay policies. The research cited to support this campaign included a survey by the Equalities and Human Rights Commission, which concluded that as many as 54,000 women a year lose their jobs due to either pregnancy or maternity discrimination....

Oct
04
2018

Strikes in the gig economy
#Employment

As the UK hospitality industry suffers disruption by disgruntled workers it is a timely reminder that there is a large UK population of workers who are feeling exploited by the gig economy and lack of employment rights....

Oct
03
2018

Are you worn out today?
#Employment

The Financial Times has reported a survey that shows people are working harder and faster, leaving them exhausted every day. This comes from the 2017 Skills and Employment Survey....

Sep
27
2018

Tribunal caseload continues to rise
#Employment

The Ministry of Justice has published tribunal statistics for April – June 2018. Readers will be aware that tribunal caseloads have increased steadily since the abolition of tribunal fees in July 2017. That trend continues in the latest report. ...

Sep
26
2018

ICO Publishes First GDPR and Data Protection Act 2018 Enforcement Notice
#Data Protection

As recently reported in the media, the Information Commissioner’s Office (“ICO”) has issued its first Enforcement Notice under the Data Protection Act 2018 (“DPA 2018”) against AggregateIQ Data Services Ltd (“AIQ”), a Canadian data analytics company. AIQ was associated with targeted advertising for the ‘Vote Leave’ campaign during the Brexit referendum. ...

Sep
21
2018

Evidence and knowledge of disability discrimination
#Employment

In a judgment published this week in the case of Mutombo-Mpania v Angard Staffing Solutions, the Employment Appeal Tribunal (EAT) upheld a decision that - an employee who suffered from essential hypertension but had advised his employer that he had no disability was not, on the evidence he provided, a disabled person; and the employer could not reasonably have been expected to know that he was disabled. ...

Sep
20
2018

Morrisons faces a potential £1bn Equal Pay claim.
#Employment

It appears that Morrisons is the latest of the ‘Big Four’ supermarkets (so called due to their dominance of the market share) to face a string of Equal Pay claims. Whilst Tesco still holds the lion’s share, controlling 27.4% of the available market, Morrisons’ not so insignificant 10.2% keeps it firmly rooted as one of the most influential chains in the UK. The claimants’ representatives are well versed in this matter as they are already overseeing legal action on behalf of 30,000 employees at ASDA, Sainsbury’s and Tesco. ...

Sep
14
2018

When is notice not notice…
#Employment

In a recent EAT case, the claimant had decided to move from one department to another, both within the employer’s business. She had received a conditional job offer from the new department and wrote to her employer stating ‘please accept one month’s notice from the above date’. Her conditional offer was later withdrawn and she asked to retract, what she called, her notice of resignation. The employer refused stating that she had resigned....

Sep
14
2018

Updates to the ACAS guidance for job references
#Employment

Almost every job application in the modern world will ask for a reference to accompany an application. It is an important tool to establish whether a candidate is suitable for the role they are applying for. ...

Sep
11
2018

Covent Garden Charity Food Truck Rally
#Clarkslegal #Food and Restaurants #Press

Thank you to all those that came to support our Charity Food Truck Rally in Covent Garden on Thursday 6th September. We were so lucky that the sun shone for much of the day!...

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