Clarkslegal LLP - Solicitors in Reading and London

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Jun
10
2019

EY’s 2019 UK Attractiveness Report
#Corporate #Setting up in the UK

According to EY’s 2019 UK Attractiveness Report the UK has retained its position as the number one destination for Foreign Direct Investment (“FDI”) projects in Europe while Northern Ireland has recorded a 74% year-on-year increase in FDI projects. Although the report may seem, on the surface, indicative of the UK’s robust ability to still attract investment despite the overwhelming uncertainty of Brexit, there are some key caveats to an optimistic outlook. ...

Jun
10
2019

Changing trade patterns good for environment but may be bad for jobs
#Supply Chain Governance #Environment #Outsourcing & Supply Chain #Employment #Education #Information Technology #Corporate

We now hear much of trade wars and tariffs. However, whatever President Trump and other world leaders do about their respective trade interests, there are also significant underlying trends that will before long cause major disruption to traditional trade and jobs. We should focus more on these trends and not just on the daily news round....

Jun
07
2019

Succession Planning – Are you ready for the future?
#Employment

If one of the key individuals in your company, such as a manager or someone with technical skills, was to resign tomorrow morning, would you be able to identify their successor? This is a question that many businesses struggle to answer, with companies more likely to recruit from outside the business when vacancies arise, than look for a suitable replacement among their existing staff. ...

Jun
07
2019

Public procurement: does abandoning a tender defeat a bidder’s claim?
#Public Procurement #Dispute Resolution

Under the Public Contracts Regulations 2015, bidders who are successful in establishing that a public body has breached its duties in the running of a regulated tender are entitled to recover damages. Other remedies may also be available, depending on whether a contract has been entered into or not by the public body....

Jun
07
2019

The use of medical aids, including contact lenses, when assessing disability
#Employment

The recent case of Mart v Assessment Services Inc has brought the question of disability and medical treatment to the forefront once again. The Equality Act 2010 offers special protection to individuals who are disabled. ...

Jun
07
2019

Immigration Update: Brexit
#Immigration #Setting up in the UK

The UK government is to expect its third Prime Minister in July in the 3 years since the EU Exit Referendum took place. The new leader is likely to define the course of Brexit negotiations, and its outcome. As thing stand, the UK is set to leave the EU on 31 October 2019....

Jun
07
2019

Failure to pay sum offered during cross-examination was not victimisation
#Employment

This is according to the recent EAT decision in Aston v The Marlet Group. The EAT dismissed the claimant’s victimisation claim, considering the law on the judicial proceedings immunity and paying particular attention to the Supreme Court decision in P v Commissioner of Police in the Metropolis. ...

Jun
03
2019

Tracking your employees – Is this a(i) step too far?
#Employment #Information Technology

It has been revealed that hundreds of UK business are using artificial intelligence to monitor staff activity. Is this an innovative way to analyse productivity or a stressful scrutinisation of individuals’ activity?...

May
31
2019

MAC Report: Shortage occupation list needs significant expansion to meet skills gap
#Immigration #Setting up in the UK

The Migration Advisory Committee in its latest report, published this week, recommends a major review of the SOL so that includes almost 9% of jobs in the labour market, a significant increase from the current 1%. The Migration Advisory Committee or otherwise known as MAC offers government advice on its immigration policy, and on the Shortage Occupation List (SOL). ...

May
24
2019

Favouritism, micromanaging and poor instructions – the errors managers continue to make
#Employment

New research shows that nearly 50% of employees have at some point resigned as a direct consequence of their poor working relationship with their boss. Process management firm Process Bliss undertook the research, conducting an online survey within the UK of small to medium sized businesses. ...

May
24
2019

Decision not to allow employee to take up overseas placement due to concerns over risk to his health not discriminatory
#Employment

In the recent case of Owen v AMEC Foster Wheeler Energy Ltd and another, the Court of Appeal held that withdrawing the offer of an international placement due to concerns arising from the Claimant’s medical assessment did not amount to disability discrimination. The Claimant was in poor physical health and suffered from hypertension, kidney disease, ischaemic heart disease, type 2 diabetes and morbid obesity....

May
17
2019

Mental Health Awareness Week
#Employment

According to The Government's Department of Health, 25% of us will experience mental health issues at some point in our lives. A study conducted by the Chartered Institute of Personnel and Development...

May
16
2019

Spouse Visa – Is your relationship genuine and subsisting?
#Immigration

For years many couples have become frustrated by the requirements for a spouse visa as the rules and guidance are difficult to understand. A significant amount of applications are rejected on the basis of the applicant not providing the adequate documents to evidence the relationship requirement....

May
14
2019

Cross-Channel ferries: expensive procurement lessons to be learned
#Public Procurement

Last week it was reported that the Department for Transport was cancelling two contracts to provide cross-Channel ferry services it hastily entered into in January, in anticipation of a no-deal Brexit. The cancellation of the contracts is expected to cost more than £50million....

May
09
2019

Knowledge of disability - Employer’s knowledge of Claimant’s disability at appeal stage of disciplinary proceedings was relevant and should have been considered by Tribunal
#Employment

In the recent case of Baldeh v Churches Housing Association of Dudley and District Ltd, the EAT allowed an appeal by a Claimant against the Tribunal’s decision to reject her claim for disability related discrimination. Whilst it was found that the Respondent did not have knowledge of the Claimant’s disability (either actual or constructive) prior to dismissing her, it had gained this knowledge when it was told of her depression at the appeal hearing....

May
09
2019

Adjudication procured by fraud – how does the court deal with that?
#Construction

A good chunk of the TCC’s business concerns the enforcement of arbitration awards. It is well known that there are very limited circumstances in which it will refuse to do so. One such ground is where the adjudication award was procured by fraud and we reported last year on the unsuccessful attempt in Gosvenor v Aygun....

May
08
2019

Effect of the notice or certificate of making good defects under a JCT contract
#Construction

In Swansea Stadium Management Company Ltd v City & County of Swansea and another [2019] EWHC 989 it was held that a notice or certificate of making good defects is conclusive that identified defects have been made good....

May
08
2019

Investing in the UK: The Tier 1 Investor Visa
#Immigration #Inward Investment #Entrepreneurs & Start-Ups

The UK’s economy is extremely resilient and continues to provide foreign investors with a stable base to access European markets and beyond. Following the closure of the Tier 1 (Entrepreneur) visa, the Tier 1 Investor visa has become the primary choice for a significant number of investors to come to the UK....

May
03
2019

E-gates open to US nationals and six other countries from June 2019
#Immigration #UK Immigration #US Nationals #e-gate #EU nationals #passport

The days of US nationals and nationals of Australia, Canada, Japan, New Zealand, Singapore, and South Korea waiting in long queues for UK border control are numbered. From June 2019, nationals of these countries will be granted automatic entry to visit using the Electronic gates...

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