Clarkslegal LLP - Solicitors in Reading and London

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Jun
02
2016

The Future of Retail and the Challenge of the Tech Revolution
#Real Estate

The UK is known as a nation of shoppers. Over the last few decades shopping has become a leisure activity and shopping centres have become the place to spend at least part of each weekend – an opportunity to look at the latest stock and to try out various dining options....

Jun
02
2016

Office to Residential – permitted development made permanent
#Real Estate

Under the Town and Country Planning Act 1990, planning permission is needed for the carrying out on land of any development. Development is defined as including the carrying out of building operations on land or making any material change in the use of any buildings or other land....

Jun
01
2016

Clarkslegal's Corporate Team Advises on the sale of UniServity Limited to New Era UK Holdings
#Corporate

Clarkslegal, led by Corporate Partner Ashan Arif, advised on the sale of UniServity Limited to New Era UK Holdings. ...

Jun
01
2016

How much HR do robots need?
#Employment

Many companies are relying heavily on robotics and staff are becoming increasingly concerned about the implications this has on their job security. ...

May
27
2016

Right to work checks - how to avoid a £20,000 fine from the Home Office
#Immigration #Employment

Employers who receive a “Information Request: Illegal Working Civil Penalty”must provide the necessary evidence within the set time frame if they are to have a statutory excuse against a civil penalty. ...

May
27
2016

Breach of Working Time Regulations does not, without more, lead to injury to feelings award
#Employment

The case of Santos Gomes v Higher Level Care Ltd has made clear that compensation arising out of an employer’s failure to provide statutory rest breaks under the Working Time Regulations (WTR) does not extend to ‘injury to feelings’....

May
27
2016

Is ACAS Early Conciliation working?
#Employment

Early conciliation is a free service offered by ACAS. It was previously available on a purely voluntary basis, however, from May 2014 it became mandatory to contact ACAS before lodging a claim. This was in an effort to encourage early engagement and settlement between the parties, thereby, removing the need to pursue claims in the Employment Tribunal. ACAS conciliation remains open to the parties thereafter, but on a voluntary basis. ...

May
24
2016

HR = Human Relationships
#Employment

Focus in many successful companies is concentration on winning business, operational excellence and adding profit. All good, but do human relationships usually get sidelined?...

May
23
2016

Queen’s Speech Contains Important Change to Intellectual Property Claims
#Dispute Resolution

The Courts now expect that parties who have a dispute will attempt to settle by negotiation before embarking on legal action. Detailed pre-action protocols stipulate how parties must therefore behave, and this will almost always involve sending a detailed letter before action and providing a response to it....

May
20
2016

New case on damages paid to Tenant for Landlord’s breach of covenant
#Dispute Resolution #Real Estate

Those of you who attended our property seminar on 11 May 2016 heard about the circumstances in which a Tenant can recover damages from their Landlord where their Landlord has breached terms of the Lease...

May
19
2016

Immigration Bill receives Royal Assent
#Immigration

On 12 May the Immigration Bill received Royal Assent and will now be implemented as the Immigration Act 2016. The Act seeks to address issues around illegal migrants living in the UK....

May
19
2016

Employers could be vicariously liable for privacy breaches
#Employment

The recent High Court decision of Axon v Ministry of Defence and News Group Newspapers Ltd suggests that employers can be held vicariously liable for their employees’ breaches of confidence and privacy....

May
19
2016

NHS Trust fined £180,000 over data protection breach
#Employment

The Information Commissioner’s Office (ICO) have fined Chelsea and Westminster Hospital NHS Foundation Trust £180,000 after it revealed the email addresses of 781 users of an HIV service....

May
19
2016

Teacher’s dismissal following husband’s criminal conviction held to be indirect religious discrimination
#Employment

In the case of Pendleton v Derbyshire v County Council, a teacher who was dismissed for remaining with her husband following his conviction of voyeurism and making of indecent images of children successfully appealed a tribunal’s decision to reject her claim for indirect religious discrimination. ...

May
13
2016

Heels and Dress Codes: temp worker seeks to stamp down on sex discrimination
#Employment

This week has seen the widely reported story of Nicola Thorp, a temporary receptionist, who was sent home without pay for refusing to wear heels at work. Ms Thorp started an e-petition seeking to give women the choice whether to wear flats or heels at work and, to date, has in excess of 100,000 signatories, triggering the possibility of a Parliamentary debate on the issue. The company concerned has now amended its policy to allow female workers to wear flats. So, in light of this, what is the law regarding high heels at work?...

May
12
2016

EAT further loosens causal test for discrimination arising from disability claims
#Employment

The recent case of Risby v London Borough of Waltham Forest has arguably further extended the scope of discrimination arising from disability claims by loosening the causal link required between the employee’s disability and the employer’s treatment complained of....

May
12
2016

An employee negotiating a settlement could still claim constructive dismissal
#Employment

In the case of Gibbs v Leeds United Football Club, the High Court found that the Claimant, Mr Gibbs, had been constructively dismissed when he resigned in response to a demotion, even though he had been in negotiations over his exit....

May
10
2016

Managing Cybersecurity in Your Business
#Commercial

Cyber attacks can lead to all sorts of crises and don’t just stop at preventing you from getting on with your business. You might just find yourself in breach of your legal obligations....

May
10
2016

Join the Revolution: Going Circular
#Corporate

A large majority of offices these days have recycling bins but, unfortunately, these bins are sometimes more symbolic and decorative than functional....

May
09
2016

The reformulated penalty rule
#Construction

Following the decision in Cavendish Square Holding BV v El Makdessi and ParkingEye Ltd v Beavis [2015] when drafting liquidated damages provisions, parties should identify and document the applicable legitimate business interest that necessitates liquidated damages. Parties should then consider whether the remedy for breach is ‘extravagant, exorbitant or unconscionable’. ...

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