In M Davenport v Greer, one of the first cases to follow the court of Appeal’s decision in S&T v Grove (which we discussed here), the TCC held that an employer could not use a “true value” adjudication decision as a defence or set off to enforcement proceedings for an earlier decision in favour of the contractor....
In the case of Braine and others v The National Gallery an Employment Tribunal (ET) has held that art experts who worked as Educators for the National Gallery were workers and not independent contractors as argued by the Gallery. The ET held that the Educators only had the status of worker when undertaking an actual assignment and when they were in between assignments they were neither employees nor workers....
The government aims to have an innovative, highly skilled and highly productive workforce in the UK. There has been great emphasis on global mobility and encouraging the ‘best and the brightest’ come to the UK, but what about the loyal workers who are classified as lower-skilled?...
A CVA is a procedure that allows a company: to settle debts by paying only a proportion of the amount that it owes to creditors ...
Last week saw the broadcast of Clarkslegal’s annual Public Procurement Update webinar. Over 200 procurement specialists signed up to watch this well-received event which will be followed up later in the year by our popular webinar on “Challenging Procurement Awards”....
Regardless of whether the UK is in or out of the EU, the Commonwealth is a superb natural market for business. And SMEs must ensure they capitalise on the labour and opportunities the Commonwealth countries provide....
The Government published yesterday 297-pages of changes to the Immigration Rules. Separately, it also announced changes to the Immigration fees. Most of these changes will be effective from 29 March 2019....
Women taking leadership roles is often portrayed these days as a ground-breaking development, something achieved through relatively recent laws and strong social pressure about equality of opportunity....
Brexit and immigration policy has introduced more challenges for the recruitment industry. Simon Kent explores what recruiters can do at a time of uncertainty....
If you are an elite sportsperson or coach who is internationally established in your sport, then you could be eligible to apply for a Tier 2 (sportsperson) visa. ...
The Government has started a consultation on increased regulation of confidentiality clauses in a bid to tackle cases of unethical misuse. ...
In Hare Wines v Kaur, the Claimant had a strained working relationship with a colleague who, as it happened, was going to be a director in the transferee’s business. The Claimant was dismissed on the transfer date and alleged that this was because of the transfer (and, thus, automatically unfair). The Tribunal agreed and, in doing so, recognised that the ongoing difficulties in the working relationship played a part in the dismissal....
The best tech talent from around the world can come to the UK on a Tier 1 (Exceptional Talent) visa; maintaining the UK’s position in being ahead of the global digital economy. The UK has a renowned digital technology reputation, and this is largely attributed to the great digital technology specialists we have in the UK....
The Home Office has updated its guidance for UK citizens travelling to Europe after 29 March 2019 if there is no EU Exit deal....
If you are looking to set up a branch or subsidiary in the UK for an overseas business and you are from outside of the EEA and Switzerland then this may be a suitable option for you as opposed to following the points-based system routes, which are more stringent. The business must not have any active branch, subsidiary or other representative in the UK. ...
The Resident Labour Market Test (RLMT) is a key part of the Tier 2 (General) Sponsorship System. It is also one which has the potential of causing the most issues. This is because if not done right, the employer must re-do the test again causing significant delays which may result in losing their ideal candidate. It is also of note that if the RLMT is not conducted properly or evidence of it is not kept, the UKVI is very likely to take compliance action against the Sponsor....
An 88-year-old woman has succeeded in her age discrimination claim, making her the oldest person to win such a case. ...
The Government’s white paper on Brexit, promises a post-Brexit Immigration system for everyone. However, it has left businesses wanting, especially those who rely on their vital EU staff. ...
The new Agreement published on 8 February 2019 provides protection to the rights of residence for three EEA EFTA States: Norway, Iceland and Liechtenstein in the event of a no-deal. Fortunately for these selective States the entitlements (to work, study and access public funds) of their nationals will be broadly as they are now. Their rights will be protected by international and domestic laws post Brexit. Please note that similar provisions already apply to Switzerland....
Stamp Duty Land Tax (“SDLT”) is a tax which is payable on the purchase or leasehold transfers of property if they are valued over a certain threshold. SDLT is payable to HMRC. Currently, and until 28 February 2019, the filing and payment deadline for SDLT is 30 days after the 'effective date' of the transaction (i.e. completion of the transaction)...