Clarkslegal LLP - Solicitors in Reading and London

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Oct
10
2016

Holiday pay: British Gas appeal to Court of Appeal fails
#Employment

Back in February we reported that the EAT had dismissed an appeal from British Gas against the finding that the Working Time Regulations can be interpreted so as to be compatible with the EU Working Time Directive, with the effect that results-based commission payments should be included in the calculation of holiday pay....

Oct
07
2016

Start-up businesses: are your ideas protected?
#Intellectual Property #Commercial #Entrepreneurs & Start-Ups

When you are a start-up, contracts and intellectual property protections are not, understandably, at the forefront of your mind. However, protecting your ideas and creations is just as important as getting your business off the ground....

Oct
07
2016

(Some) Hope for parties wishing to recover their legal costs of adjudication
#Construction

The TCC decision in Lulu Construction Ltd v Mulalley & Co Ltd (2016) opens the door for payees to attempt costs recovery in adjudications relating to the recovery of monies owed under the contract, but it does not confirm that they will be successful…...

Oct
06
2016

Has the PM made trade unions redundant?
#Employment

The start point from what our new Prime Minister Theresa May has been saying is no apparent reason to expect reduced rights for workers, indeed current expectations are possibly for added worker protection....

Oct
06
2016

In Recruitment, Your Word Is Your Bond
#Employment

In McCann v Snozone Ltd, a verbal offer of employment made via a recruitment agency was sufficient to create a legally binding agreement between the individual and the employer, the subsequent withdrawal of which amounted to a breach of contract....

Oct
06
2016

Elected Union Officials were agents under the Equality Act
#Employment

The Employment Appeal Tribunal has decided that two elected workplace union officials, despite not being the union’s employees, were its agents and therefore the union could be held liable for their acts of discrimination against an employee....

Oct
06
2016

Is the ‘gig’ up for Britain’s self-employed delivery workers?
#Employment

Long gone are the days when the postman delivered every parcel. Nowadays, we don’t bat an eyelid when the person knocking at the door is a courier in an unfamiliar uniform. But while it might not make much of a difference to customers, opening up the delivery market has an impact on workers....

Oct
05
2016

Clarkslegal's automotive team continues to excel
#Corporate #Automotive

Clarkslegal’s automotive team continues to excel as it advises long standing corporate client, Eden Motor Group, on the acquisition of its 19th dealership. ...

Sep
30
2016

Directors duties and Pyrrhic victories – what are the ingredients for a successful claim?
#Dispute Resolution #Directors Duties

The defection of directors to a competing company is often a matter of concern for their former employer. ...

Sep
30
2016

Agency workers can bring whistleblowing detriment claims against end users
#Employment

In the recent case of McTigue v University Hospital Bristol NHS Foundation Trust the EAT clarified that agency workers can bring detriment claims against end users provided the end user (on its own or in conjunction with the agency) has substantially determined the terms of the worker’s engagement....

Sep
30
2016

To award costs or not to award costs?
#Employment

It used to be the case that recovering costs within the employment tribunal was an exception rather than the rule, and whilst the threshold for recovering costs still remain high, it seems that there has been somewhat of a shift....

Sep
30
2016

Attention: Changes to the National Minimum Wage
#Employment

Compliance with the National Minimum Wage is a legal obligation, make sure you are in the know and don’t fall foul of the law. ...

Sep
30
2016

Apprenticeship levy update
#Employment

In November last year we reported on the government’s plans to reform apprenticeships and introduce a levy of 0.5% for employers with a total payroll bill in excess of £3m. Those plans have now come into fruition with confirmation that the levy will be in force in April 2017, (silencing rumours that the implementation date would be delayed)....

Sep
29
2016

The Battle of the Forms Continues
#Commercial #Information Technology

Those involved in ordering goods and services or putting contracts together will know that, unless individually negotiated, it can sometimes be difficult to know whose terms are incorporated into the final contract. The circumstances giving rise to this are frequently referred to as the Battle of the Forms. ...

Sep
23
2016

No appeal rights for Extended Family Members of EEA Nationals
#Immigration #Inward Investment

In the case of Sala (EFMs: Right of Appeal) [2016] UKUT 411 (IAC) the Upper Tribunal has held that there is no right of right of appeal against the Home Office’s decision not to grant a Residence Card to the Extended Family Member (“EFM”) of an EEA national. ...

Sep
23
2016

Business Immigration Update: Changes to Tier 2 Intra-Company Transfer (ICT) Route
#Immigration #Inward Investment #Employment

Following the Migration Advisory Committee (MAC)’s review of the Tier 2 visa route this January, the Home Office announced significant reform to the Tier 2 (Intra-Company Transfer) visa category....

Sep
23
2016

BBC’s dismissal of Journalist who prioritised Sri Lankan news report over Prince George’s birth was unfair
#Employment

BBC World Service Journalist Chandana Bandara was issued with a final written warning following his refusal to prioritise a news report on the birth of Prince George over one on the anniversary of ‘Black July’ (concerning the massacre of Tamils in Sri Lanka). ...

Sep
23
2016

Applicant X – avoiding bias and discrimination in recruitment
#Employment

Most UK employers are well aware that the law protects job applicants from unlawful discrimination - for example because of their sex, race or age. ...

Sep
16
2016

Failing to comply with a subject access request may impact the fairness of a dismissal
#Employment

In the recent employment tribunal case of McWilliams v Citibank, the Claimant had been suspended following allegations that she had breached client confidentiality. The Claimant subsequently submitted an extensive subject access request (SAR) to her employer in respect of her disciplinary proceedings, which was refused on the grounds of proportionality. The SAR’s scope was consequently reduced but was again refused....

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