Clarkslegal LLP - Solicitors in Reading and London

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Dec
07
2018

Should veganism be recognised as ‘philosophical belief’?
#Employment

In March 2019, members of an Employment Tribunal will have to decide whether ‘veganism’ will receive the same protection against discrimination as Christianity, Islam and Judaism. ...

Dec
07
2018

Connecting the workers of the world
#Employment #Information Technology

As the High Court has just ruled against the Independent Workers of Great Britain on their judicial review application against the Central Arbitration Committee, which had held that Deliveroo riders were not workers or employees entitled to collective bargaining, this reminds that we are going through a significant period of change. So many more people are now part of the gig economy and the law does not yet recognise they have rights to do things like choose union representation for collective bargaining....

Dec
07
2018

Tier 1 Investor visas on halt amid corruption fears
#Immigration #Inward Investment

Tier 1 investor visas which require a person to invest at least £2million in the UK is currently suspended until the Home Office put new rules into place....

Dec
06
2018

2018/2019 – 5 key themes in Construction Law
#Construction

2018 has been a rollercoaster year for construction. The collapse of Carillion casting light on unfair payment practices, abuse of retentions and the woeful profit margins. The Hackitt Report in May 2018 identifying the need for an industry-wide cultural shift away from cost focussed agendas and towards prioritising good quality service and products, facilitated by a full-life “golden thread” of digital information....

Dec
05
2018

Liquidated damages: commercially justified, not a penalty
#Construction #Dispute Resolution

Some significant issues in relation to the application of liquidated damages for delay have been considered in the recent case of GPP Big Field LLP & Anor v Solar EPC Solutions SL (2018). GPP Big Field LLP and GPP Langstone LLP (together and separately “GPP”), as employer, entered into five EPC contracts with Prosolia UK Limited (“Prosolia”), the contractor, for the construction of solar power generation plants in the UK. ...

Dec
03
2018

Digital Twin: A Road to the Future?
#Information Technology

Advances in the availability and reliability of Internet of Things (IoT) components mean that digital twins are fast becoming a commercially viable solution....

Dec
03
2018

CITB: Construction’s Digital Future “Depends on the People Who Work in the Industry”
#Construction #Information Technology

In October 2018, the CITB (Construction Industry Training Board) produced a new research report detailing a skills plan for the construction industry (“Unlocking Construction’s Digital Future: A skills plan for industry”). The report investigates the role technology could play in the construction sector....

Dec
03
2018

What it takes to trade globally
#Inward Investment #Employment #Information Technology

Whatever the shape of Brexit, or no Brexit, the opportunity to do more business around the wider world has figured large in the national debate, and is still a core issue of concern in the proposed Brexit deal....

Dec
03
2018

Christmas Parties – Festive Fun or a New Year Hangover?
#Employment

It’s less than four weeks until Christmas and the Christmas party season is about to begin. The office party is often a mixed blessing – an opportunity to boost morale and perhaps celebrate a successful year yet also a melting pot of workers letting their hair down, with potential for accidents, injuries, threats and claims....

Dec
03
2018

Michael Sippitt speaks at Commonwealth HQ in London about future trends in Commonwealth trade
#Information Technology #Environment

The Commonwealth organised a very stimulating event about future trends in Commonwealth trade at Commonwealth HQ in London on 30 November, addressed by expert panels with diverse professional and international experience....

Nov
30
2018

Long-term disability dismissal frustrates entitlement to benefits
#Employment

In Awan v ICTS Ltd the EAT found an implied term that where an employee is contractually entitled to long-term disability benefits, they will not be dismissed for continuing incapacity. The Claimant had a contractual entitlement to a long-term disability benefit plan for the duration of his employment....

Nov
30
2018

Disability discrimination – Claimant’s ‘tendency to steal’ did not attract protection despite his underlying medical conditions
#Employment

Under the Equality Act (Disability) Regulations 2010 (the “Regulations”), a number of conditions are said not to be impairments. This means that they are not disabilities and do not therefore receive protection under the Equality Act (the “Act”). ...

Nov
27
2018

Microplastic Pollution - let’s get tackling with technology
#Information Technology #Environment

Over recent months the issue of plastic pollution, particularly in our oceans, has come to the fore and is recognised as one of the biggest environmental challenges of our time. Who can forget those appalling images of the sea of plastic covering large swathes of our oceans, or seeing marine life tangled, and strangled by plastic....

Nov
27
2018

Public procurement and development agreements
#Public Procurement

The Court of Appeal has handed down its judgment in the case of R (Faraday) v West Berkshire Council [2018] EWCA Civ 2532, which has important consequences for local authorities and developers entering into development agreements. ...

Nov
23
2018

Gender equality for the many, not the few?
#Employment

Earlier this month, the Government published its latest report showing the representation of women on the boards of FTSE 350 companies. The report shows a rise above 30% representation on FTSE 100 boards and a rise to 26.7% of representation across FTSE 350 boards....

Nov
23
2018

Addison Lee’s appeal against worker status rejected
#Employment

Last year a Tribunal found that private hire drivers engaged by Addison Lee were workers and not independent contractors (see our blog on this previously). Addison Lee’s appeal against this judgment has now been dismissed....

Nov
22
2018

Can AI be ethical?
#Employment #Information Technology

Most people at work will be more affected by Artificial Intelligence in the future than they realise. ...

Nov
20
2018

Microchips or Micromanagement?
#Information Technology #Employment

According to various media reports[1] a Swedish microchip company called BioHax is in talks with several high-profile legal and financial UK companies to implant employees with microchips....

Nov
16
2018

Resignations - Clarifying the Termination Date is Key
#Employment

The Court of Appeal recently confirmed that an ambiguous letter of acceptance of resignation from an employer did not vary the original termination date by agreement. JLT Speciality v Craven concerned a bonus advance of £500,000 which was agreed to be repayable if the Claimant resigned “on or before 31 December 2016”. ...

Nov
16
2018

Judge crowdfunding her fight to be classed as a worker
#Employment

A district judge, is trying to raise £10,000 to fight a Court of Appeal decision that judges cannot be classed as workers by requesting donations towards her cause. At the point of writing just over 25% of the target funds have been raised. ...

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