Clarkslegal LLP - Solicitors in Reading and London

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Aug
13
2019

The High Court has considered circumstances in which directors owe fiduciary duties to the company's shareholders
#Directors' Duties #Corporate

Earlier this year I discussed the importance of good corporate governance following the decision in Stobart Group v Tinkler. Paramount to good corporate governance is the adherence to the directors’ duties, whether contractual or fiduciary. Given the inherent lack of tangibility of any duties with a fiduciary persuasion, directors can often be found wanting when trying to quantify and qualify the positions where such duties might be owed to their shareholders. ...

Aug
12
2019

Struggling to increase your covers? A guide for restaurant entrepreneurs
#Food and Restaurants

Whether you own a restaurant or are looking to open one it is crucial to ensure you keep your tables full, especially in an uncertain market. With the right marketing strategy you can improve your chances of having a busy restaurant and also reduce ‘no shows’. ...

Aug
12
2019

Right to Work Checks for EU Workers pre and post Brexit
#Immigration #Employment

There has been a tornado of confusion in the build up to Brexit for employers. Adding to this confusion is the question whether there will be any changes to right to work checks for EU nationals pre and post Brexit? In short, the answer is that there will be no significant changes until 1 January 2021, when the new skills-based immigration system will be implemented....

Aug
12
2019

Setting up a construction business in the UK: Tips on payment
#Construction #Setting up in the UK

If you are setting up a construction business in the UK, then one of the most important areas to consider is how to ensure you will get paid for your works without delay. Here are our top tips for getting paid....

Aug
09
2019

Prime Minister announces a major shake-up to the Immigration Rules
#Immigration #UK Immigration

The Prime Minister, Boris Johnson, has announced on Facebook live yesterday that he intends on changing Immigration Rules to fast-track foreign scientists to the UK. In his announcement he also mentioned removing the 2000-cap on the current Tier 1 Exceptional Talent route and widening the number of endorsing bodies. ...

Aug
09
2019

eSports: The beginning of a new era in gaming?
#Information Technology

Video games. A simple yet entertaining diversion or a colossal waste of time? One may be forgiven for missing the rapid emergence of competitive videogaming, also known as eSports. Yes, it is actually a thing, and its popularity is surging. The business world is taking note....

Aug
09
2019

Dealing with a UK Visit visa refusal
#Immigration #UK Immigration

A visit visa refusal can be frustrating to deal with. In most cases, it can be unexpected and puts your forthcoming holiday or business plans to an immediate halt. It may also cause reputational issues if you were to meet a potential client in the UK. ...

Aug
08
2019

Risk to applying 12.07% cap for Part-Time workers
#Employment

The Court of Appeal (“CoA”) decision in Harper Trust v Brazel reiterates the risks to employers who apply a loose and general Working Time Regulations (“WTR”) and ACAS affiliated holiday pay calculation for part-time workers. ...

Aug
07
2019

Tier 4 Visa Checklist
#Immigration #Setting up in the UK

If you are a non-EEA national and wish to study in the UK, then you can do so through the Tier 4 visa route. If you are applying from outside of the UK, then here is a quick checklist of documents required for the application. ...

Aug
06
2019

Tier 2 visa: What is a genuine vacancy?
#Immigration #Employment #UK Immigration

Tier 2 Sponsors are bound by various sponsorship duties, and one of the most important one is offering a genuine vacancy for a job role. A failure to provide a genuine vacancy can lead to the downgrading, suspension or revocation of an employer’s sponsor licence. For the migrant applicant, this could mean a refusal of their Tier 2 visa....

Aug
06
2019

Government responds to consultation extending parents’ redundancy protection
#Employment

In case you missed our article last week, earlier this year the government ran a consultation on how and whether to extend the redundancy protection for pregnant women and new parents...

Aug
06
2019

Obligation to keep national minimum wage records transfers to transferee
#Employment

Employers have an ongoing duty to keep sufficient national minimum wage records to demonstrate their compliance with the law....

Aug
06
2019

EU SETTLEMENT SCHEME – BIOMETRIC RESIDENCE PERMIT (BRP)
#Immigration #Setting up in the UK

If you are a non-EEA or Swiss family member of an EU national and have been granted an EU Settlement Scheme Family Permit to enter the UK, then you will need to apply under the EU Settlement Scheme to continue residing in the UK after the expiry of your permit. ...

Aug
05
2019

Michael Sippitt and Georgia Roberts comment for the HR Director on complex world of workplace AI
#Employment #Press #Clarkslegal

“Artificial intelligence”. It’s in the news, it’s in our homes and will change the world of work as we know it. For human resource professionals, knowing what’s coming has never been so important. Ensuring you are ahead of the game in preparing for the changes that are coming is paramount. Contributors Michael Sippitt, chairman Clarkslegal and Georgia Roberts, Solicitor – Clarkslegal....

Aug
01
2019

Urgent update to the Tier 2 policy guidance – 1 August 2019
#Immigration #Setting up in the UK

The Home Office has issued a further urgent Addendum to the Tier 2 policy guidance today. This follows their earlier addendum of 17 July 2019 to the Tier 2 &5 Sponsor Guidance. This addendum provides urgent corrections to the minimum salary thresholds to some SOC codes. ...

Aug
01
2019

The government had announced that it will enhance redundancy protections for pregnant women and new parents
#Employment

It is estimated that up to 54,000 women a year lose their jobs as a result of pregnancy or maternity discrimination with 37% of women feeling isolated to the point of resignation following a return from maternity leave....

Jul
30
2019

Processing times for the EU Settlement Scheme application
#Immigration

The EU Settlement Scheme is now fully operational and with Brexit as a top agenda item for the new Prime Minister, we expect a surge in these applications. So how long do these applications take?...

Jul
30
2019

Digital Nomads
#Employment #UK Immigration #Information Technology

The appeal of the digital nomad lifestyle has changed the horizons. Businesses need to be aware that this is likely to be seen by highly skilled individuals as attractive, at least as an option. However, while most of the media focus in this area is on the liberating effect it can have on the individual, there are three key considerations before agreeing to working this way....

Jul
29
2019

Farewell to the Ankara Agreement
#Immigration #Setting up in the UK

The Turkish European Communities Association Agreement (ECAA) was established under the Ankara Agreement with the aim to promote economic relations between Turkey and the Community. The UK became bound by this agreement when it joined the European Union in 1973....

Jul
29
2019

Brexit and TUPE
#Employment

We’re nearing October and it’s still unclear what the UK’s withdrawal agreement with the EU will look like or if one will exist at all! It is also unclear what impact Brexit will have on employment law and there hasn’t really been any development in this area since The European Union (Withdrawal) Act 2018 was passed in June last year. ...

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