Clarkslegal LLP - Solicitors in Reading and London

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Jan
17
2020

A birthday to remember? A legal secretary loses age discrimination claim after 50th birthday “well wishes”
#Employment

In Munro v Sampson Coward LLP, a legal secretary claimed she was subjected to age discrimination when a colleague, who was of a similar age to her, made a comment about her 50th birthday. ...

Jan
15
2020

How to meet the financial requirement for a spouse visa: Salaried and non-salaried employment FAQs
#Immigration

Following on from our previous blog, there are a number of sources of income which can be relied on to meet the financial requirement for a spouse visa. ...

Jan
14
2020

The Rewards and Risks of the ‘Subject to Contract’ Label
#Corporate #Commercial

Following the recent decision in Farrar v Rylatt [2019], it is clear that use of the phrase ‘subject to contract’ continues to create work for lawyers in commercial situations and relationships. ...

Jan
14
2020

Share buybacks and payments
#Corporate #Commercial

The concept of share buybacks is a useful one. The ability for a company to buy back its own shares is seen as a useful tool for capital re-organisations and a tax efficient way in which to remove a shareholder or class of shareholders....

Jan
14
2020

Removing a Director under the Companies Act
#Commercial #Corporate

The Companies Act 2006 contains a right for members of the Company to seek the removal of a director from office by convening a general meeting of its members and passing an ordinary resolution. This provision is seen as sacrosanct in the Companies Act 2006 – any attempt to exclude this right in the Companies articles of association would be unenforceable. ...

Jan
14
2020

Lending money to Directors
#Corporate

It is not unusual for a Company to lend money to a director of a Company, nor is it unlawful. However, there are a number of points to consider, including declarations of interest and how this sits with the constitution of the Company and a directors’ statutory duties generally and also the treatment of the loan from a tax perspective – not only for the director but the Company too....

Jan
10
2020

You can’t defend an equal pay claim with assumptions and assertions
#Employment

In a judgment released today, Samira Ahmed has won her equal pay claim against the BBC. Her fee for presenting Newswatch was more than six times lower than Jeremy Vine’s fee for presenting Points Of View....

Jan
10
2020

What to expect in 2020: Immigration Update In 10, January 2020
#Immigration

Immigration law on its own is a complex web of rules, however it is rapidly changing, especially with the changes which are being introduced by the Prime Minister. It is difficult to keep up to date, particularly in anticipation of Brexit. Therefore, we are launching a series of short and concise podcasts, to keep you up to date with important changes. This will include changes in legislation, significant case-law and Brexit updates. ...

Jan
09
2020

Should employers really be held to account in cases of vicarious liability?
#Employment

Employment lawyers and business alike are awaiting a Supreme Court ruling, which is expected in February, regarding whether or not one of the largest UK banks should be liable for the acts of a doctor hired to carry out pre-employment medical checks. ...

Jan
07
2020

Ethical veganism is a philosophical belief protected by law
#Employment

The Tribunal in Casamitjana Costa v The League Against Cruel Sports has ruled that ethical veganism is a philosophical belief protected under the Equality Act 2010. ...

Jan
03
2020

The Best in Britain - Global Talent Visa
#Immigration #Global Talent Visa #Exceptional Talent Visa #UK Immigration

If you are the best in research and science, have notable achievements in your career and are searching for a new challenge then the new Global Talent visa may be of interest to you....

Jan
02
2020

Oxford Professor wins age discrimination claim
#Employment

A former physics professor at Oxford University has won his claims of age discrimination and unfair dismissal after he was forced to retire following his 68th birthday. ...

Dec
31
2019

Government to double the number of fast track fellowship visas for scientists
#Immigration

Britain has always prided itself in being ahead of the game in innovation and research. However numerous educational institutions have warned that Brexit may jeopardise Britain’s position in being a world leader in science. ...

Dec
27
2019

Home Office’s registration of children as British Citizen fee unlawful
#Immigration

The current Home Office fee to register a child as a British Citizen is currently £1,012. The High Court has recently ruled that the fee is unlawful as it fails to take into consideration children’s best interests. ...

Dec
23
2019

The Queen’s Speech 2019 – Employment Law Implications
#Employment #Employment Bill #2020

The Queen’s Speech was delivered on 19th December 2019 and sets out details of government’s intentions over the coming year....

Dec
23
2019

‘Gender critical’ view was not a philosophical belief
#Employment #Discrimination

In Forstater v CGD Europe & Others, the Claimant’s consultancy contract was terminated after she made comments expressing her views that there are only two sexes and that it is impossible to change sex....

Dec
20
2019

ePrivacy Regulation – The latest!
#Data Protection

Amidst the hype of the GDPR in 2018, one other area of data protection reform progressed relatively under the radar – the ePrivacy Regulation. Surprising given the potential impact this could have on an organisations’ marketing practices....

Dec
20
2019

Queen’s Speech December 2019: The biggest change to Immigration Law in modern times?
#Immigration #UK Immigration

It has been a decade since the UK had an effective majority government, and in less than a week of the election, we have seen a substantive legislative agenda in today’s Queen Speech. In this article, we explore the changes to Immigration Law, and how it could be the biggest change in recent history....

Dec
19
2019

Breaking News - Standard Contractual Clauses and Privacy Shield - latest developments with Facebook case
#Data Protection #Data Protection #Personal Data #Facebook #CJEU #Privacy Shield Protections

Advocate General, Henrik Saugmandsgaard Øe of the Court of Justice of the European Union (CJEU) has just handed down his opinion in response to a referral by the High Court of Ireland for preliminary rulings of law. The High Court case in question related to complaints made by Max Schrems against Facebook Ireland and Facebook Inc concerning the transfer of Mr Schrems' personal data to the United States (U.S)....

Dec
19
2019

“Nuisance” nurse wins whistleblowing claim
#Employment #Employment #Unfair dismissal #Employment Tribunal #Protected Disclosures

In Smith v Mid Essex Hospital Services NHS Trust, a nurse won his claim for unfair dismissal, with the Employment Tribunal finding he had been dismissed for making protected disclosures. ...

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