Clarkslegal LLP - Solicitors in Reading and London

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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 Her conditional offer was later withdrawn and she asked to retract, what she called, her notice of resignation.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!...

Sep
10
2018

Kit Kat Wars – the saga continues
#Commercial

Last year, we wrote about Nestlé’s decade-plus efforts to achieve EU trade mark registration for the three-dimensional shape of its Kit Kat chocolate bar (certainly very distinctive here in the UK!), and setbacks in 2016 both with an adverse ruling from the EU General Court and with the UK High Court ruling against UK trade mark protection for the shape. We also noted that Nestlé’s nemesis in all of this has been Mondelēz International, a group whose brands include Cadbury....

Sep
07
2018

British universities call for the return of post study work visas
#Immigration #Inward Investment

British universities have called on the government to bring back the post study work visa which would allow overseas students to stay in the country to work for up to two years after graduation. The scheme was scrapped in 2012 and strict post study work rules may have had a significant impact on prospective applicants from certain countries, including India....

Sep
07
2018

Filing an incomplete claim form not necessarily unreasonable
#Employment

In North East London NHS Foundation Trust v Zhou, the EAT has decided that it may not necessarily be unreasonable conduct for solicitors to have filed an incomplete claim form....

Sep
07
2018

Constructive Dismissal: Employees working a lengthy notice period might “accept” an employer’s breach of contract
#Employment

In a recent High Court decision, the Court reaffirmed some important considerations when dealing with alleged breaches of contract by an employer. ...

Sep
05
2018

Drones – developing law
#Information Technology #Construction

A drone is an unmanned flying aircraft used to collect data. Drones are closely associated with innovation in digital technology and are already used by a wide range of industries and the public sector. As we identified in our article in June 2018, Drones have begun to change the way the construction industry operates. They are used to survey sites, both at the start of planning to produce baseline models and during construction to track progress. They can also be used to monitor security and health and safety. ...

Sep
04
2018

The Legal 500 Hall of Fame  
#Clarkslegal #Press

Clarkslegal are delighted to announce that Antony Morris, David Rintoul and Michael Sippitt have been inducted to The Legal 500 Hall of Fame, as elite leading lawyers. ...

Sep
04
2018

Augmented Reality and Virtual Reality- the way forward for recruitment?
#Information Technology #Employment

Augmented reality (“AR”) is becoming more and more prominent. Put simply, AR is technology that superimposes a computer-generated image onto a user’s view of the real world....

Sep
03
2018

Japanese knotweed – What a nuisance!
#Real Estate

Fallopia Japonica, otherwise known as Japanese knotweed, has always been seen as an aggressive nuisance to property owners but the recent case of Network Rail Infrastructure Limited v Stephen Williams and Robin Waistell [2018] EWCA Civ 1514 has now confirmed that the presence of Japanese knotweed is also an actionable nuisance. This case involves some knotweed on Network Rail’s land that was within 7 metres of the two claimants’ properties....

Aug
31
2018

Case law update
#Construction

This article highlights three recent court cases of importance to the wider construction industry....

Aug
31
2018

Food tech venture capital is burgeoning
#Information Technology #Food and Restaurants

From meal delivery kit businesses to meat substitutes, investors are accelerating their bets on the food tech sector. According to Pitchbook, investors in the US have poured a record-breaking $2 billion into the sector so far this year, relative to $1.5 billion in each of the previous two years....

Aug
31
2018

Legal Challenge to Immigration Exception in Data Protection Act 2018
#Immigration #Inward Investment

The Government is facing judicial review proceedings over an exemption in the Data Protection Act 2018 that prevents citizens from accessing their immigration data. Two campaign groups, the Open Rights Group and the3million, have threatened legal action since the provision was introduced into the Data Protection Bill, and have now launched a legal challenge with the aim of seeing the provision removed from the statute....

Aug
31
2018

Working 9 to 5…or are we?
#Employment

A new YouGov survey of over 1800 people in the UK has found that only 6% are working the traditional working hours of 9am-5pm. 58% of those surveyed said they would like to start work earlier than 9am if it meant they could go home earlier....

Aug
31
2018

The African Century – Michael Sippitt’s Letter to City AM
#Commercial #Press

It is good news that the Prime Minister is on a mission to emphasise the opportunities of more trade with Africa. ...

Aug
29
2018

Victimisation: Dishonesty essential for ‘bad faith’ argument
#Employment

Victimisation occurs when someone is subjected to a detriment because they have done (or it is believed they have or may do) a protected act. However, if the individual gives false information or makes a false allegation, their actions cannot amount to a protected act if these were also done in bad faith. If the information or allegation turns out to be false but was made in good faith it will still be protected. ...

Aug
29
2018

An overview of the new NEC4 Alliance Contract
#Construction

The NEC launched its new NEC4 Alliance Contract (“ALC”) in June 2018, a contract which incentivises parties to collaborate more closely. ...

Aug
29
2018

Do you want fries - I mean AI with that?
#Information Technology #Commercial #Food and Restaurants

Recent weather and its impact on the food chain has seen quite a bit of media coverage over the last couple of months. However, the increased use and experiments with AI in all aspects of the food and beverage sector has also proved topical....

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