Clarkslegal LLP - Solicitors in Reading and London

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Oct
11
2019

What is the difference between Permanent Residence and settled status?
#Immigration

Brexit. A term that is currently riddled with uncertainty. There are many questions about the difference between Permanent Residence (PR) and Settled status in a post-Brexit Britain. Therefore, this article will seek to answer some of those questions. ...

Oct
11
2019

Little white lies: not giving the true reasons for dismissal pointed to discrimination
#Employment

This week, in Base Childrenswear v Otshudi, the Court of Appeal confirmed that not being honest about the reason for dismissal can show that the employer has a discrimination case to answer. ...

Oct
11
2019

Striking a Balance – Activism and the Workplace
#Employment

In the wake of September’s Global Climate Strike, protests previously confined to the personal sphere are now spilling over onto the streets and taking place during the working day. ...

Oct
11
2019

IR35: control comes at a £920,000 cost
#Employment

As the April 2020 IR35 changes loom ever larger, there is a lot of attention on challenges under the current system to the tax arrangements of consultants providing work through their own personal service companies. ...

Oct
10
2019

Rethinking workplace wellbeing in times of uncertainty
#Press

Every year an estimated 17 million work days are lost to stress, anxiety and depression. Clarkslegal's Monica Atwal highlights ways in which employers can raise their game to help....

Oct
09
2019

Do you have a legally binding contract?
#Construction

In Volumatic Ltd v Ideas for Life Ltd (2019) EWHC 227 the court considered the test for intention to create legal relations. It’s interesting because it is a rare example of a party successfully arguing that an agreement is not enforceable on this basis. ...

Oct
04
2019

Cookies and Consent - CJEU found pre-ticked boxes not sufficient
#Data Protection

The Court of Justice of the European Union (‘CJEU’) has just handed down its ruling on questions of consent for the use of cookies in Bundesverband der Verbraucherzentralen und Verbraucherverbände – Veerbracherzentrale Bundesverband eV v Planet49 GmbH (“Planet 49 case”)....

Oct
04
2019

A female manager who massaged a male employee’s shoulders was not found to have committed sexual harassment or harassment related to sex
#Employment

In the current age of the #MeToo movement, one would assume that any form of unwanted physical contact between a manager and a junior employee could count as harassment....

Oct
04
2019

What is an EU Settlement Scheme Travel Permit?
#Immigration

The government updated their policy on the EU Settlement Scheme Family Permit on 1 October 2019. Many people are perplexed by the use of the term EUSS Travel Permit and so this blog will aim to explain what the term means. ...

Oct
03
2019

Mental health: Are employers doing enough?
#Employment

HR professionals are increasingly aware of the importance of supporting good mental health in the workplace....

Sep
30
2019

Clarkslegal Acknowledged once again by UK Legal 500 2019-2020
#Press

Clarkslegal is delighted to announce Legal 500 has recognised the law firm for the following practice areas; Corporate and Commercial, Commercial Litigation, Employment, Immigration, Education, Commercial Property, Construction and Commercial Contracts....

Sep
27
2019

Transfer of Conditions (TOC)
#Immigration #UK Immigration

Do not panic if your passport has been lost, stolen, damaged or due to expire and your visa vignette is contained in your passport. The visa vignette can be transferred or replaced with a Biometric Residence Permit (BRP). ...

Sep
27
2019

Vegetarianism not a protected belief
#Employment

In Conisbee v Crossley Farms Ltd, the Claimant alleged he was bullied by colleagues because of his vegetarianism and argued it amounted to a protected ‘belief’ under the Equality Act....

Sep
27
2019

“1 Million in the UK without employment rights” – Who is losing out?
#Employment

UK unemployment is at its lowest rate since the 1970s, yet a recent study from thinktank Resolution Foundation has suggested that out of the 32 million people working in the UK, 1 million may be without full employment rights....

Sep
25
2019

Lights, Camera, Action: Tier 1 Exceptional Talent Visa
#Immigration

The UK has a dynamic, creative and unmatched reputation in the arts and culture sector. Applicants who consider themselves to be the very best in their field are encouraged to apply under the Tier 1 Exceptional Talent route to enrich Britain’s art and culture sector. ...

Sep
23
2019

English Language Requirements for Spouse Visa
#Immigration

The UK spouse visa requirements are governed by Appendix FM of the Immigration Rules. There are numerous requirements, however this blog will only focus on the English language requirement. ...

Sep
20
2019

Employment Status: California dreaming?
#Employment

This week California has signed into law a new piece of legislation limiting the circumstances in which individuals can be classified as independent contractors....

Sep
20
2019

Statutory redundancy pay was not caught by the £25,000 breach of contract cap
#Employment

In Uradar v Lancashire Care NHS Foundation Trust, the Claimant was made redundant and had a contractual redundancy entitlement of £43,949.04. The Trust refused to pay, claiming she had turned down suitable alternative employment. ...

Sep
20
2019

The dangers of relying on privileged material
#Employment

The Employment Appeal Tribunal (EAT) in Kasongo v Humanscale UK Ltd concluded that where an employer had waived privilege on advice about an employee’s dismissal, they could not cherry-pick which parts of the advice to disclose. ...

Sep
20
2019

Increase in processing times for EU Settlement Scheme applications
#Immigration

The Government has updated its most recent estimated times to process an EU Settlement Scheme application. The update times have increased and provide for an extended period of waiting if the application falls within certain exceptions....

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