Clarkslegal LLP - Solicitors in Reading and London

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Aug
18
2017

Claimants no longer need to “shift the burden of proof” in discrimination claims
#Employment

Section 136 of the Equality Act 2010 is headed “the burden of proof”. It has long been considered that in discrimination cases the claimant has to show a ‘prime facie’ ...

Aug
18
2017

Home Office Updates Guidance on Right to Work Checks
#Immigration #Inward Investment #Employment

This week, the Home Office published new guidance for employers setting out the right to work checks required to establish or retain a statutory excuse....

Aug
11
2017

Call for Evidence: EEA workers in the UK labour market
#Immigration #Inward Investment #Employment

Last month, the Government commissioned the Migration Advisory Committee (MAC), with the purpose of conducting a study about and advising upon the economic and social impacts of the United Kingdom’s exit from the European Union. Following the Home Secretary's commissioning letter last week, the MAC has released a Call of Evidence, from anyone with relevant knowledge, expertise or experience to aid the MAC response. ...

Aug
11
2017

Tribunal Fees: Resurrecting rejected claims?
#Employment

The Supreme Court decision on 26 July 2017 that Employment Tribunal fees were unlawful was expected to have wide-ranging repercussions ...

Aug
11
2017

Pre-winding up settlement with director set aside
#Restructuring & Insolvency #Dispute Resolution #Directors Duties

For a short time, Officeserve Technologies Limited (OTL) made a big impact in the ‘lunch at work’ market. Its director and majority shareholder, CAM, oversaw a rapid expansion to an estimated value of £40 million. However, OTL was unable to pay the instalments due on two businesses it had acquired and in October 2016 was served with a winding-up petition. ...

Aug
10
2017

BSRIA Soft Landings Conference 2017: delivering value through Soft Landings - findings
#Construction

Soft Landings is a process that helps to produce a building that delivers the operational goals that were set for it at the inception of the design and delivery project. To paraphrase, it helps make the building “do what it says on the tin”. ...

Aug
09
2017

David Rintoul writes for Construction News on Soft Landings Framework: The contractual issues
#Construction #Press

The BSRIA Soft Landings Framework has become widely used in the industry on many different kinds of contracts – but what issues should contractors be aware of?...

Aug
08
2017

Overhaul of data protection laws to give individuals more control over personal data
#Commercial #Corporate

Details of the Data Protection Bill were revealed yesterday. The Government announced that the new laws will provide people with more control over how their personal information is used and ensure that people can withdraw consent to use their data just as easily as they can grant it....

Aug
07
2017

Protected Business Leases: Holding Over Under the Landlord and Tenant Act 1954 – What Rights and Obligations Does the Tenant Have?
#Real Estate

A “Protected Lease” is a lease that has the benefit of security of tenure under the Landlord and Tenant Act 1954 (“the 1954 Act”). Only a lease which has security entitles the tenant to remain in its business premises when its lease expires and “hold over” and, except in certain circumstances, obliges the landlord to grant the tenant a new lease on updated, but generally no more onerous terms than the old lease. This note applies only to Protected Leases....

Aug
07
2017

Are your contractual design obligations fit for purpose? – important new law
#Construction

The Supreme Court ruling in Mt Højgaard v E.On last week held that a “fitness for purpose” obligation in a schedule to a construction contract should be given its natural meaning and effect, so confirming an earlier decision of the Technology and Construction Court (TCC) that there was a fitness for purpose obligation which required the contractor to produce foundations which would last for 20 years. ...

Aug
04
2017

Voluntary overtime included in holiday pay...
#Employment

In Dudley Metropolitan Borough Council v Willetts and others the EAT has ruled that payments for voluntary overtime should be included in holiday pay calculations....

Aug
04
2017

Does the duty to collectively consult employees regarding redundancies apply to employees based outside the UK?
#Employment

The EAT has determined in Seahorse Maritime v Nautilus International that the duty to collectively consult in a redundancy situation can extend to employees working outside of the UK, but cautioned each case will depend on its own facts. ...

Aug
04
2017

Good Work?
#Employment

The Taylor Review: proposals and potential impact on businesses and those that work for them...

Aug
04
2017

Recruitment Manager prosecuted for sharing job applicants CVs
#Employment

A recruitment manager has been prosecuted in a magistrates’ court for forwarding CVs to a third-party employment agency in breach of the Data Protection Act....

Aug
04
2017

What does a “week’s pay” include for the purposes of calculating tribunal awards?
#Employment

In University of Sunderland v Drossou, the EAT concluded (departing from previous authorities) that the figure for a “week’s pay” when calculating tribunal awards should include employer pension contributions. ...

Aug
03
2017

Non-compete clause struck down due to prohibition on shareholding
#Dispute Resolution #employment

Mary Tillman (MT) was a star employee of Egon Zehnder (EZ), a headhunter. Her contract contained non-solicitation, non-dealing and non-compete clauses. She resigned from EZ and wanted to join a competitor before her non-compete expired. ...

Aug
02
2017

The pitfalls of a sole director company
#Directors' Duties #Corporate #Dispute Resolution

Many small companies will have a sole director and shareholder, with no company secretary....

Jul
28
2017

Gender pay gap: perceptions v reality
#Employment

A recent survey by salary benchmarking site emolument.com revealed that many men were unaware of a gender pay gap existing in their sector....

Jul
28
2017

Supreme Court finds Tribunal fees to be unlawful: What will happen now?
#Employment

This week the Supreme Court handed down what has been described as “the most important judgment in employment law of the last fifty years” in R (on the application of UNISON) v Lord Chancellor. The Court found that the Employment Tribunal and Employment Appeal Tribunal Fees Order 2013 (the “Order”) prevents access to justice and is unlawful....

Jul
28
2017

Not so happy returns! ECJ decide Italian firms can dismiss zero-hour contract workers on their 25th birthday.
#Employment

Italian law allows firms to offer ‘on call’ contracts (referred to as zero hour contracts in the UK) to individuals aged under 25 and over 45, those between 25 and 45 can only receive these contracts in limited circumstances....

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