Clarkslegal LLP - Solicitors in Reading and London

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Jul
22
2016

Lack of knowledge of employee’s protected disclosures did not prevent a finding of automatic unfair dismissal
#Employment

EAT decides that an employee had been unfairly dismissed even though the manager responsible for the decision had been unaware of her protected disclosures....

Jul
21
2016

The Importance of Sponsorship Licences Post-Brexit
#Immigration

Employers wishing to employ skilled non-EEA workers must have a sponsorship licence. It is vital that sponsors comply with record keeping duties, produce documentary evidence on request, and follow the correct recruitment processes....

Jul
15
2016

Paid annual leave can still be carried over when sickness prevents a worker from taking it
#Employment

Employers must ensure that employees are able to carry forward paid annual leave where sickness has prevented that worker from taking such leave....

Jul
15
2016

Government publishes report on transgender equality
#Employment

Transgender equality will remain a prominent theme for legislative change in the future, with the Government agreeing to keep the matter under review. ...

Jul
14
2016

The Ethical Labour Standard and the Modern Slavery Act
#Outsourcing & Supply Chain #Construction #Supply Chain Governance

BES 6001 enables product manufacturers to ensure – and prove – that their products have been made with constituent materials that have been responsibly sourced. ...

Jul
12
2016

International Supply Chains – what happens when things go wrong?
#Dispute Resolution #Outsourcing & Supply Chain

In cases where the supply partner you appoint doesn't fulfil you expectations, you will want to ensure that you have a carefully drafted contract providing you with the best protection and remedies to minimise the negative consequences of your supplier’s underperformance. ...

Jul
12
2016

Public Procurement after Brexit – what next?
#Public Procurement

Public procurement is one of the areas of UK law most exposed to the consequences of the UK’s decision to leave the EU. ...

Jul
11
2016

Before you sign on behalf of your partner…
#Real Estate

In the recent case of Marlbray Ltd v Laditi and another [2016] EWCA Civ 476, the Court of Appeal decided that a contract signed by a buyer on behalf of himself and his wife without her authority was valid....

Jul
11
2016

UK Data Protection: A little part of us that will forever be Europe?
#Commercial

In the pre-23 June 2016 world of certainty, stability and legislative timetabling, British businesses knew that, so far as their data protection obligations were concerned, they would have a couple of years to comply with the requirements of the new EU General Data Protection Regulation (GDPR), which was adopted in April this year and takes effect from 25 May 2018....

Jul
11
2016

Collaborators are winners. Is your organisation collaborative?
#Employment

Collaboration is undoubtedly now seen as a critical component of business relationships , through joint ventures, supply chains, and networks. HR can enhance collaboration by building bridges and asking for help. ...

Jul
08
2016

Settlement negotiations under section 111A ERA ruled to be inadmissible in Tribunal proceedings
#Employment

Since 29 July 2013, parties have been able to use s.111A to ensure pre-termination negotiations for unfair dismissal claims are inadmissible in any subsequent Tribunal proceedings....

Jul
08
2016

Ex-employee ordered to delete confidential information stored on personal devices
#Employment

To guard against the risk of confidential data ending up in the wrong hands, employment contracts should clearly set out the employee's obligations on termination. ...

Jul
05
2016

Industrial relations in a post-Brexit Europe
#Employment

Brexit will be negative for UK unions as they will face difficulty in urging legal reforms on a relatively unreceptive UK Government; however union structures and agreements vary a lot around the EU. HR professionals must promote and protect the advantages of UK employment laws and practices....

Jul
01
2016

Court of Appeal confirms “no oral variation” clauses are not binding – again
#Dispute Resolution

The Court of Appeal has again – this time in the case of MWB Business Exchange Centres Limited –v- Rock Advertising Limited, confirmed that parties will not be bound by a clause in a contract purporting to provide that oral variations will be ineffective....

Jul
01
2016

Brexit and Human Resources
#Employment

HR will feel the brunt of the UK's decision to leave the EU with staff cutbacks, loss of talent, a slowdown in recruitment, and a decrease in employee engagement being among the many issues they will face going forward....

Jul
01
2016

Employment tribunal fees preventing access to justice
#Employment

Employee tribunal fees have had a negative impact on early conciliation between parties with employers having little incentive to settle in circumstances where the Claimant may struggle to pay the fees. It is recommended that fees should be reduced or replaced....

Jul
01
2016

ACAS Code does not apply to SOSR dismissals
#Employment

The Phoenix House Ltd v Stockman & Anor case highlights the difficulty in dismissing fairly for a breakdown in the working relationship. Employers will be expected to follow a fair process for SOSR dismissals....

Jul
01
2016

Ordering reinstatement on reduced duties can be permitted
#Employment

A tribunal has no power to order reinstatement on terms which alter the contractual terms of employment but it can recognise external factors beyond the employer and employee’s control which limit the employee’s scope of work....

Jun
24
2016

EU Referendum: Where does the “Brexit” leave the construction industry?
#Construction

We now have the results of the EU Referendum confirmed: the UK has voted to leave the EU, by 52% to 48%. In the immediate, sterling has tumbled and the stock markets have plummeted. The question now is what impact this will have on the construction industry....

Jun
24
2016

After the Referendum
#Clarkslegal

Following the unexpected referendum result the UK begins to adjust to a different future, one which faces many uncertainties. A key challenge the UK faces will be how to seriously increase UK trade and investment with the rest of the world as well as the EU....

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