Clarkslegal LLP - Solicitors in Reading and London

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Jan
25
2017

Is VAT Payable on the Surrender of a Lease or the Exercise of a Break Clause?
#Real Estate

On the surrender of a Lease, it is always necessary to consider whether any VAT will be payable on any payment made by either the Landlord or the Tenant....

Jan
24
2017

Government Loses Brexit Appeal
#Clarkslegal

Attorney General Jeremy Wright, speaking on behalf of the government said "the government is disappointed with the outcome" of the judgment, but it will do everything it can "to comply with it"....

Jan
20
2017

Decision for the Landlord on the expiry of the Contractual Term of a Protected Lease
#Real Estate

For the Landlord of commercial premises who has granted a protected lease, what options are available at the expiry of the contractual term?...

Jan
20
2017

Bus company’s policy breached duty to make reasonable adjustments
#Employment

In the recent Supreme Court decision, First Group Plc v Paulley, a bus company was held to have failed in its duty, as a public service provider, to make reasonable adjustments when it requested that a non-disabled person vacate a designated wheelchair space but did not take steps to enforce this when she refused to move....

Jan
20
2017

SFO shows teeth in Rolls Royce bribery settlement
#Directors' Duties #Dispute Resolution #Outsourcing & Supply Chain

The High Court has approved a deferred prosecution agreement (DPA) between Rolls Royce (RR) and the Serious Fraud Office (SFO) in relation to widespread allegations of bribery and corruption over a 24 year period....

Jan
20
2017

Settling a dispute – does it mean an obligation to re-tender?
#Dispute Resolution

A recent decision of the ECJ has potentially concerning consequences for any public authority which finds itself in dispute with its supplier under a public contract....

Jan
19
2017

Could Type 2 diabetes be a disability under the Equality Act 2010?
#Employment

Under the Equality Act 2010, a person with a progressive condition (such as Type 2 Diabetes) has a disability if they “have a physical or mental impairment” which “has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities... as a result of the condition.”...

Jan
19
2017

Mobility clauses made to move aside
#Employment

In the recent EAT case Kellogg Brown & Root (UK) Ltd (KBR) v Fitton & Anor, the Claimants’ employment contracts contained a broad mobility clause requiring them to relocate, if required, within the UK or elsewhere. KBR’s disciplinary procedure considered a refusal to comply with reasonable instructions, such as the mobility clause, an example of misconduct. ...

Jan
17
2017

Clarkslegal advises Meridian Leisure Hotels on its latest acquisition of an internationally branded hotel
#Commercial #Corporate #Employment

News - Clarkslegal corporate team have advised successfully MLH in latest acquisition...

Jan
17
2017

What Employers need to know about Biometric Residence Permits
#Immigration #Employment

Valuable advice for employers on Biometric Residence Rermits and why you and HR must be familiar with these documents....

Jan
13
2017

Another “Spoke in the Wheel” of the Gig Economy? Tribunal finds bike courier to be worker
#Employment

Following in the tracks of the recent “Uber” case, in Dewhurst v Citysprint UK Ltd a cycle courier has been found to be a worker and not self- employed as the employer claimed. ...

Jan
12
2017

Plot twist: dismissal for showing 18-rated film to 15-16 year olds was disability discrimination
#Employment

The case of City of York Council v Grosset concerned a teacher who had cystic fibrosis. The Claimant complained to the head teacher that his workload was unmanageable but no action was taken to try and reduce the Claimant’s workload....

Jan
11
2017

Agency Workers and Right to Work Checks
#Immigration

The Immigration, Asylum and Nationality Act 2006 places all UK employers under a statutory duty to prevent illegal working in the UK. ...

Jan
10
2017

JCT launch of the Intermediate Building Contract 2016 edition
#Construction

The Joint Contracts Tribunal (JCT) has published the fourth of its 2016 edition of contracts, the JCT Intermediate Building Contract suite. ...

Jan
10
2017

JCT launch 2016 collateral warranty documents
#Construction

In addition to the release of the new 2016 suite of contracts, the Joint Contracts Tribunal (JCT) has published 2016 collateral warranty documents. ...

Jan
06
2017

Can a temporary injury be a disability?
#Employment

The Spanish courts recently asked the European Court of Justice for guidance on whether an employee with a dislocated elbow could be classed as disabled, even though his injury was only temporary. Although this case was brought in the Spanish courts, the European Court’s decision is equally relevant to us here in the UK as our disability discrimination law is governed by the same overarching principles contained in the European Equal Treatment Directive....

Jan
06
2017

Do men actually earn less than women when it comes to part time work?
#Employment

Conservative MP Phillip Davies, a recently elected member of the Commons Women and Equalities Committee, has claimed that men actually earn less than women in part-time work. Could this be a surprising twist in the tale of gender pay gaps?...

Jan
05
2017

New Year UK Business Immigration Update
#Immigration

New year – new rules. The UK’s immigration rules constantly change and our immigration team continues to work closely with their business clients to ensure they continue to comply with the UK’s immigration rules....

Jan
04
2017

Tribunal not entitled to look behind earlier warning in unfair dismissal case
#Employment

In Perry’s Motor Sales Ltd v Edwards, the Claimant, a car dealership manager was dismissed for misconduct. The Claimant had previously received a final written warning for similar conduct which related to tampering with company paperwork. The Claimant did not appeal this warning, nor did he challenge its validity in his unfair dismissal claim....

Dec
29
2016

Employer’s view on employee’s dishonesty that matters, not Tribunal’s, in claims for re-engagement
#Employment

In the recent case of United Lincolnshire Hospitals NHS Foundation Trust v Farren, the EAT held that it is the employer’s view of the dishonesty of an employee seeking re-engagement that matters, ...

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