Clarkslegal LLP - Solicitors in Reading and London

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Sep
20
2019

Statutory redundancy pay was not caught by the £25,000 breach of contract cap
#Employment

In Uradar v Lancashire Care NHS Foundation Trust, the Claimant was made redundant and had a contractual redundancy entitlement of £43,949.04. The Trust refused to pay, claiming she had turned down suitable alternative employment. ...

Sep
20
2019

The dangers of relying on privileged material
#Employment

The Employment Appeal Tribunal (EAT) in Kasongo v Humanscale UK Ltd concluded that where an employer had waived privilege on advice about an employee’s dismissal, they could not cherry-pick which parts of the advice to disclose. ...

Sep
20
2019

Increase in processing times for EU Settlement Scheme applications
#Immigration #Setting up in the UK

The Government has updated its most recent estimated times to process an EU Settlement Scheme application. The update times have increased and provide for an extended period of waiting if the application falls within certain exceptions....

Sep
18
2019

Adult Dependent Relative Visa
#Immigration #Setting up in the UK

It is unfortunate that many of us have an adult relative, or we know someone, who has an adult relative, who is all alone in a country where they are hardly able to take care of themselves. If your adult relative is dependent on you, then you may be able to sponsor them to join you in the UK so that you can take care of them. ...

Sep
17
2019

Reading Legal Walk
#Clarkslegal

On Monday 16th September, Clarkslegal took part in the #ReadingLegalWalk to raise funds for legal advice agencies in Reading and the Thames Valley. ...

Sep
16
2019

The Tier 4 Student Visa - An overview of the “Maintenance Requirement”
#Immigration

The UK’s student visa is known as a Tier 4 visa under the points-based system of the UK’s Immigration rules. The route primarily applies to students over the age of 16 from outside of the European Economic Area (EEA)....

Sep
16
2019

Monica Atwal discusses with People Management about what the Stalking Protection Act means for employers
#Employment

Clarkslegal Managing Partner, Monica Atwal explains the steps organisations may need to take if a member of their staff becomes a victim....

Sep
13
2019

Organisations continue to struggle with GDPR compliance, especially SMEs
#Data Protection

We are almost 18 months on from the implementation of the GDPR on 25 May 2018 and there have been a wealth of surveys reflecting on how well (or not) organisations have done in meeting the new requirements. ...

Sep
13
2019

Time Limit Extensions – ACAS Early Conciliation
#Employment

In the recent case of Pearce v Merrill Lynch, the EAT ruled that there would be no month’s grace period for ACAS Early Conciliation if the Claimant contacts ACAS after the primary 3-month time limit expires. ...

Sep
13
2019

Surge in EU Settlement Scheme applications ahead of Brexit date
#Immigration #Setting up in the UK

The Government, in its latest update on the EU Settlement Scheme, has announced that a total of 1.5 million applicants have applied under the EU Settlement Scheme....

Sep
12
2019

There’s no stopping them now: PhD Level Migrants
#Immigration

The government released its Statement of Changes to the Immigration Rules on 9 September 2019. If we recall Philip Hammond originally announced some of the changes in Spring 2019, including the below. ...

Sep
11
2019

Government announces the return of Post-Study Work (PSW) Visa
#Immigration #Employment

The Post-Study Work (PSW) visa is set to make a return, after it was dramatically scrapped by Theresa May during her time as a Home Secretary in 2012. ...

Sep
11
2019

EU Settlement Scheme: Suitability Requirements
#Immigration #Setting up in the UK

The Home Office published Statement of Changes to the Immigration Rules on 9 September 2019, which included a number of changes to the EU Settlement Scheme and EU Settlement Scheme Family Permit....

Sep
11
2019

Case Analysis: R (Bridges) v CCSWP and SSHD [2019] EWHC 2341
#Data Protection #Information Technology

On 4 September 2019 the world’s first decision regarding the privacy implications of facial recognition was handed down by the High Court in Cardiff. The implications of the case were of such significance that both the Information Commissioner and Surveillance Camera Commissioner joined as Interveners. ...

Sep
10
2019

Assessment of whether disability is long-term
#Employment

A claimant will be disabled, under the Equality Act 2010, if they have a mental or physical impairment and that impairment has a substantial and long term adverse effect on their ability to carry out normal day to day activities. An impairment is likely to be viewed as ‘long-term’ if it has lasted for at least 12 months, is likely to last for at least 12 months or it is likely to last for the rest of the person’s life. ...

Sep
06
2019

Unlocking productivity through employee engagement
#Employment

According to a recent survey conducted by State of the Global Workplace, organisations with high scores for employee engagement showed just over 20% higher levels of profitability compared to those who did not value the practice as much. The same survey revealed that barely 7% of UK employees are actively engaged at work. ...

Sep
06
2019

EAT confirms: injury to feelings compensation is based on impact on claimant
#Employment

In Komeng v Creative Support, the EAT has confirmed that when calculating an injury to feelings award, the tribunal’s focus should be on the actual injury suffered by the Claimant and not the gravity of the acts of the Respondent....

Sep
06
2019

Brexit News: More details emerge on the Post-Brexit Immigration system for European nationals
#Immigration

We previously covered the possibility of the European Temporary Leave to Remain (ELTR) being scrapped. We understood at the time that the Government intended on bringing a new system for Post-Brexit Immigration of EU nationals. On 4 September 2019, the Government has announced this new system, which shares a lot of similarities with the previously announced ELTR....

Sep
05
2019

It’s back on: European Temporary Leave to Remain
#Immigration #Setting up in the UK

Priti Patel’s questionable plans to end free movement was finally scrapped when the government announced (again) yesterday that the European Temporary leave to Remain will be implemented in the event of a no-deal Brexit....

Sep
05
2019

How is the UK private banking industry preparing for a no deal Brexit? - Monica Atwal comments for PBI
#Press #Clarkslegal

The never-ending uncertainty surrounding Britain’s departure from the European Union has prompted fears of large job cuts as businesses downsize British operations as a hedge against possible Brexit ramifications....

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