Clarkslegal LLP - Solicitors in Reading and London

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Jul
12
2019

An employee who posted racially offensive imagery on Facebook was not regarded as having acted in the course of his employment
#Employment

Employers can be held legally responsible for acts of discrimination and harassment carried out by their employees, provided that the conduct took place in the course of their employment. ...

Jul
11
2019

Employee Ownership Trusts
#Complex Contracts

Do you want to realise the value in your business, but concerned about the time and cost issues surrounding finding a buyer, talking to competitors and engaging in lengthy due diligence? Employee Ownership Trusts may just be the answer!...

Jul
11
2019

Covertly recording a meeting can amount to misconduct
#Employment

The claimant was a financial accountant for a charity called Phoenix House. She claimed that she was being improperly treated by her company during a large restructuring....

Jul
11
2019

Applying for a visit visa to come to the UK: FAQs
#Immigration

The UK immigration system divides visitors to the UK in two categories, those requiring a visa prior to their departure (known as visa-nationals) and those who do not need a visa (non-visa nationals). The visit visa process for visa nationals can often be a tedious process and if not done correctly, it can lead to a refusal....

Jul
10
2019

Posted Workers and the Van Der Elst provision
#Immigration #Setting up in the UK

The Posted Workers directive or the Van Der Elst provisions have been an important mechanism for EU-based companies in posting employees to provide services across Europe. These provisions despite their importance are not widely known, and with Brexit looming, they may not be available for long....

Jul
10
2019

GDPR Enforcement Breaking News: ICO issues second intent to fine in two days
#Data Protection #Corporate #Commercial

Just one day after the ICO delivered a notice of intent to fine British Airways £183 million for alleged personal data breaches, it has delivered another, this time to global hotel group, the Marriott International....

Jul
10
2019

The Cheese Bar to open Pick & Cheese, the UK’s first cheese conveyor belt restaurant with the help of the Clarkslegal Food and Restaurants Team
#Food and Restaurants #Real Estate #Clarkslegal

Pick & Cheese will launch next month in Covent Garden and offer more than 25 different cheeses to guests at the new KERB street food market in Seven Dials....

Jul
10
2019

GDPR Enforcement: ICO intent to fine British Airways
#Data Protection #Commercial #Corporate

The Information Commissioner’s Office has issued a notice of intent to fine British Airways under the new Data Protection Act 2018 (DPA)....

Jul
08
2019

Taking and enforcement of charges over shares in English companies
#Corporate #Commercial

Charges over shares of companies incorporated under English law are not uncommon, often as part of a group banking facility, where subsidiary company shares are charged by the borrowing parent company in favour of the lender....

Jul
08
2019

Rights to remain at term end: TFS v BMG (Ashford) Ltd
#Real Estate #Commercial

The default position for a tenant occupying commercial premises is that when the contractual term expires, the tenant has a statutory right to a new lease even if the landlord is unwilling to grant a new lease on a voluntary basis. ...

Jul
05
2019

Restriction against holding any ‘interest in’ a competing business was too wide but could be severed
#Employment

In Tillman v Egon Zehnder Ltd, the Supreme Court held that a restrictive covenant which prevented a business executive from being directly or indirectly engaged, concerned or interested in any competing business for six months after the termination of her employment was too wide to be enforceable. However, it was possible to remove the wider wording from the clause to leave a narrower, and enforceable, restriction. ...

Jul
05
2019

Christian Claimant dismissed because of the way he expressed his beliefs and not the beliefs themselves
#Employment

In the recent EAT judgement in Page v NHS Trust Development, the Claimant’s appeal was dismissed finding that the Trust had not discriminated when removing the Claimant from office. ...

Jul
05
2019

Direct discrimination based on perceived disability upheld by Court of Appeal
#Employment

In the first perceived disability case to be heard by the Court of Appeal, the court has upheld the decision that a police officer with marginal hearing loss suffered direct discrimination when she was turned down for a transfer to the Norfolk Constabulary....

Jul
05
2019

Depression does not affect exclusively one part of cognitive functioning
#Employment

In the recent case of Mr D Wilkinson v Emovis Operations Leeds Ltd: 1809825/2018, the Employment Tribunal did not accept that depression impacts only one part of an individual’s cognitive functioning. ...

Jul
04
2019

How is technology affecting construction disputes?
#Information Technology #Construction

Technology is affecting the way claims are made and dealt with in many different ways. It is making it easier not only to find out relevant information but also to present it to those who need it, whether that be lawyers, experts, commercial decision makers, or adjudicators/judges....

Jul
04
2019

Build UK’s 6 recommendations for what to include (or not) in construction contracts
#Construction

Build UK recently published six recommendations to its members as to provisions which it says should not be included in construction contracts. In this article we look at what the recommendations are, why they have been made, and what impact (if any) they may have on negotiations....

Jul
02
2019

The Adidas Case - is your EU Trademark Safe?
#Intellectual Property #Commercial

You may have heard from various press articles that the General Court of the European Union has recently upheld that the iconic three stripes design owned by Adidas is not distinctive enough for trade mark registration....

Jul
02
2019

Clarkslegal advises on Management Buy Out of Independent Trustee Services
#Corporate

Clarkslegal’s corporate team, led by Partner Ashan Arif, advised the management on the successful buyout of City based Independent Trustee Services Limited from leading employee benefits provider, JLT Benefit Solutions Limited (part of the MMC Group). I...

Jul
01
2019

Clarkslegal supports Turkish food importer to buy wholesaler
#Corporate #Real Estate #Employment

We are pleased to complete the acquisition of a wholesale and distribution business for a client which further bolsters existing turnover and operations in different geographical areas....

Jun
27
2019

No right to re-engagement despite tribunal order
#Employment

The University of Cambridge was ordered by a tribunal to re-engage the Claimant after it admitted liability for her unfair dismissal. They refused, choosing instead to pay the Claimant an additional award. ...

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