Clarkslegal LLP - Solicitors in Reading and London

Legal Updates

Search Legal Updates

Nov
27
2019

General Election 2019 – Party Manifestos on Employment Law and Industrial Relations – Part 3
#Employment

Welcome to Part 3 in our series of blogs summarising each political party’s pledges on matters effecting employment. Today we are looking at the Liberal Democrat’s manifesto. Set out from page 21, The Lib Dems’ key employment pledges are:...

Nov
25
2019

General Election 2019 – Party Manifestos on Employment Law and Industrial Relations – Part 2
#Employment

Welcome to Part 2 in our series of blogs summarising each political party’s pledges on matters effecting employment....

Nov
22
2019

Global labour standards will have a bigger impact on the UK, whatever the outcome of the election
#Press

the Labour Party has set out a radical manifesto for the future of UK employment law and there has been a lot of focus on the changes to laws affecting trade unions. It is worth picking up on further comments by the shadow chancellor today. When he was put on the spot regarding Labour’s position on secondary picketing, he refused to be pinned down but did state: “We will make sure that people have the right, as in the ILO [International Labour Organisation] conventions to withdraw their labour.”...

Nov
22
2019

Spouse Visa – Financial Requirements
#Immigration

The purpose of the financial requirement is to ensure the applicant has sufficient funds to support themselves in the UK, without having recourse to public funds. Unfortunately, the most common reason for refusing a spouse visa, is due to the applicant failing to demonstrate that they meet the financial requirement....

Nov
22
2019

General Election 2019 – Party Manifestos on Employment Law and Industrial Relations
#Employment

This week, the UK’s political parties are releasing their manifestos for the general election on 12 December 2019. In a series of 5 blogs we will be detailing each parties’ pledges on matters effecting employment, starting today with Labour....

Nov
22
2019

Automatic unfair dismissal due to trade union activities, despite no anti-union prejudice by employer: a warning for employers
#Employment #Employee Relations

In the recent case of Cadent Gas Ltd v Singh the Employment Appeal Tribunal (EAT) has upheld a tribunal decision that an employee was automatically unfairly dismissed because of his trade union activities despite the fact that the disciplinary and appeal officers were not motivated by his union activities....

Nov
20
2019

NHS Visas
#Immigration

In response to the fears of a very strained health service following Brexit, Boris Johnson has introduced the new NHS visa to allow easier recruitment of overseas doctors and nurses. The cost of the visa will be reduced to £464 which is half the usual fee of £928....

Nov
15
2019

Royal Mail Christmas strike prevented
#Employment

This week, Royal Mail won a High Court injunction against what would have been the first national postal strike for a decade, by up to 110,000 workers and scheduled to take place over the Christmas period....

Nov
15
2019

Changing reasonable adjustments could be discriminatory
#Employment

Employers should be aware that changing or removing adjustments for a disabled employee could amount to a failure to make reasonable adjustments, even if they are replaced with other adjustments....

Nov
15
2019

New GDPR Special Category Data Guidance Published
#Data Protection

There are some types of special category data under the GDPR that attract a higher level of protection given their sensitive nature....

Nov
08
2019

Restrictive Covenants – What’s happened in 2019
#Employment

There have been some cases in 2019 which have offered employers guidance on restrictive covenants and demonstrated how important it is for employers to review such restrictions carefully....

Nov
08
2019

How should employers manage workplace romances?
#Employment

The Chief Executive (“CE”) of McDonalds has this week been fired following a romantic relationship with a fellow employee. Despite the fact that the fast food giant acknowledged that the relationship was consensual, the CE was dismissed as he had violated company policy by engaging in the relationship....

Nov
08
2019

Capita not liable to compensate for employee’s racist comments
#Employment

Employers can be held legally responsible (vicariously liable) for the discriminatory actions of their employees which have taken place in the course of employment. To avoid being held liable, an employer would have to show that it took all reasonable steps to prevent the discriminatory actions from occurring. This is exactly what Capita managed to do in a recent racial harassment case, brought against both Capita and one of Capita’s operations managers....

Nov
01
2019

Leaked email from lawyers was legally privileged
#Employment

The Court of Appeal (“CoA”) has disagreed with an Employment Appeal Tribunal’s (“EAT”) interpretation of a leaked email. Instead the CoA held that the correspondence between a lawyer and the Respondent, referring to the possibility of dismissing the Claimant by redundancy, was covered by Legal Privilege. ...

Oct
30
2019

Covert recording of employees: No breach of human rights
#Employment

In López Ribalda and others v Spain, the Grand Chamber of the European Court of Human Rights (ECtHR) has held that it was not a breach of Article 6 (right to a fair trial) or Article 8 (right to respect for a private life) of the European Convention on Human Rights, to covertly record employees as part of an investigation into suspected theft and for the recording to be used at trial....

Oct
30
2019

How to apply for Judicial Review
#Immigration #Judicial Review

Judicial Review is an important remedy and is used to challenged decisions made by public bodies, or those made on their behalf. In immigration cases, it can be used to challenge decisions which do not provide a statutory right of appeal....

Oct
29
2019

Let’s break it down: Euro Temporary Leave to Remain (Euro TLR)
#Immigration

The government released its Statement of Changes to the Immigration Rules on 24 October 2019 and finally shed some light on the ambiguous Euro Temporary Leave to Remain (Euro TLR). The following are key features of the new Scheme:...

Oct
25
2019

Briefing paper on UK’s future immigration system published
#Immigration

The House of Common’s library has published a briefing on UK’s future immigration system. The paper gives an overview of why the immigration system is changing, and what changes to expect. ...

Oct
25
2019

Belief in sanctity of copyright not a philosophical belief
#Employment

In the recent case of Gray v Mulberry Company (Design) Ltd, the Court of Appeal has dismissed an employee's claim that her belief in "the statutory human or moral right to own the copyright and moral rights of her own creative works and output” was a philosophical belief under the Equality Act 2010. ...

Oct
24
2019

Challenge against Immigration exemption to GDPR fails
#Immigration

The High Court in the case of R (Open Rights Group & the 3 million) v Secretary of State for the Home Department [2019] EWHC 2562 (Admin) has dismissed a challenge against the Immigration exemption to data protection rights in the General Data Protection Regulations (‘GDPR’)...

Page 3 of 138