Clarkslegal LLP - Solicitors in Reading and London

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Jun
20
2019

Employer’s allocation of training duties found to be discriminatory for employee for whom English was not his first language
#Employment

In the recent case of Khawaja v Transport for London, a Tribunal found that an employee had been subjected to direct race discrimination by his manager in respect of the allocation of training opportunities. ...

Jun
20
2019

EU Settlement Scheme update – June 2019
#Immigration

The EU Settlement Scheme has now been fully open since 30 March 2019. The scheme allows EEA and Swiss citizens resident in the UK to secure their status in the UK, in the event of UK’s Exit from the EU....

Jun
19
2019

Clarkslegal LLP at London Legal Walk 2019
#Press

On Monday 17th June, the team from Clarkslegal LLP successfully completed the London Legal Walk 2019....

Jun
19
2019

Top 4 points to remember when applying for British Citizenship
#Immigration

The below is a summary of the most important requirements for naturalisation. Remember the key is preparation! ...

Jun
14
2019

Jobs and skills for a brighter future
#Employment

A very expert global panel convened at the ILO conference in Geneva on 14 June examined issues around how to produce decent jobs in the future. ...

Jun
14
2019

Presenter’s arrangements with BBC not subject to IR35 rules
#Employment

In April we blogged about the upcoming reforms to the Tax framework - IR35. ...

Jun
14
2019

Non-Disclosure Agreements (NDAs) in discrimination cases
#Employment

The Women and Equalities Select Committee (“WESC”) has called for the government to either ban or reset the parameters on which NDAs are used by employers to silence employees’ allegations of unlawful discrimination and harassment in the workplace. The WESC has commented that it is “completely unacceptable that allegations of unlawful discrimination and harassment in the workplace are routinely covered up by employers with legally drafted NDAs”....

Jun
13
2019

Breaking News: Court of Appeal overturns EAT decision on trade union inducement!
#Employment

In December 2017 we blogged on the case of Kostal UK Ltd v Dunkley and others. ...

Jun
12
2019

Trade unions and the contractual incorporation of collective agreements
#Employment

It is well understood that a recognised trade union can negotiate terms and conditions of employment, and that the outcome of negotiations is recorded in a collective agreement applicable to all staff in the trade union’s bargaining unit. However, the EAT has held that the terms of a collective agreement need to cover the same factual circumstances in an employee’s contract in order to be successfully incorporated....

Jun
12
2019

'Workers’ voluntary overtime should be included in holiday pay, Court of Appeal rules' - Helen Beech comments for People Management
#Employment #Press

Judgment in favour of ambulance workers could have wider implications, say employment lawyers. Voluntary overtime for ambulance workers should be factored into holiday pay allocations, providing such overtime is sufficiently regular to form part of a normal remuneration package, a court has ruled....

Jun
12
2019

Calling all International Students: Coming to the UK on a Tier 4 visa
#Immigration

Moving to a different country can be an exciting idea, and done right, it can reap its benefits. Universities in the UK feature at the top-end of University rankings, and with easy access to Europe, studying in the UK can be a life-changing decision....

Jun
10
2019

EY’s 2019 UK Attractiveness Report
#Corporate

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
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

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

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. ...

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