Clarkslegal LLP - Solicitors in Reading and London

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Feb
18
2021

HRMC briefing on how to avoid IR35 penalties
#Employment

On 15 February 2021 HMRC published its policy paper explaining how it intends to help and support organisations which must comply with changes to the off-payroll working rules (IR35)....

Feb
18
2021

‘Stale’ equalities training no defence to race claim
#Employment

The case of Allay (UK) Ltd v Gehlen, is a stark warning to employers not to rely on ‘stale’ or ‘ineffective’ equal opportunities and anti-harassment training as a defence to claims of unlawful discrimination. ...

Feb
18
2021

Getting ahead with ethnicity pay gap reporting
#Employment #Data Protection

Mandatory ethnicity pay gap reporting could become the norm, as calls for its introduction intensify. ...

Feb
11
2021

Can an IR35 decision be challenged?  
#Employment

The IR35 private sector reforms are due to come in on 6 April 2021. If after a status determination statement (SDS), the contractor is found to be employed for tax purposes, then they will have to pay tax and national insurance contributions (NICS) as if they were an ordinary employee. ...

Feb
09
2021

Commercial Agency Regulations 1993 and Brexit
#Commercial #Brexit

The Commercial Agency Regulations 1993 (Regulations) will continue to apply to agency relationships in the UK currently and decisions of the European Court of Justice (ECJ) will continue to bind the laws of England and Wales up and until 31 December. ...

Feb
09
2021

COVID-19 and its impact on JCT contracts
#Construction

The COVID-19 pandemic has had a substantial impact on the construction industry in the UK. Labour shortages and shortages of plant and materials have adversely affected many projects, which in turn has resulted in additional costs and delays. ...

Feb
09
2021

Setting up a Charitable Incorporation Organisation
#Commercial #Corporate

Interest in Charitable Incorporation Organisations (CIO’s) has grown in recent months, we explain how these could be considered an appropriate structure for a reorganisation or setting up a new activity. ...

Feb
08
2021

Do I need an EPC for a renewal lease?
#Commercial Real Estate

The question of whether an EPC (Energy Performance Certificate) is required on a renewal lease is open to interpretation. The short answer is probably for commercial property (“non-domestic”) but not for residential property (“domestic”), but it is by no means clear. This is because, in part, the MEES Regulations (Minimum Energy Efficiency Standards) and EPC Regulations contradict themselves regarding this very question and we will see how they both differ below. ...

Feb
05
2021

Gender pay gap reporting - what you need to know for 2021
#Employment

Since 2017, employers with 250 or more employees have had a duty to publish their gender pay gap data. The gender pay gap is the difference between the average earnings of men and women across an organisation. The reporting duty was suspended in 2020 due to the coronavirus pandemic....

Feb
05
2021

British National Overseas visa route is now officially open
#Immigration

The Hong Kong BNO (or British National Overseas) visa route is now officially open. The route is specially aimed at residents of Hong Kong who hold a British National Overseas passport. Importantly the visa allows its holders to live, work and study in the UK. ...

Feb
01
2021

Impact of Brexit on Employment & HR in 2021
#Employment #Brexit #Podcasts and Webinars

On 31st January 2020, the United Kingdom formally left the European Union. The UK has now entered into a new trading partnership with the EU under the EU-UK Trade and Cooperation Agreement. New rules now apply on exports, tariffs, data and employing people from within the EU. ...

Feb
01
2021

How to prepare for IR35 tax rules this April
#Employment

Major changes are happening this April as businesses become responsible for deciding the employment status of the contractors they engage through an agency or the contractor’s own limited company, known as a Personal Service Company or PSC. ...

Jan
28
2021

School closures continue - is furlough still an option for parents?
#Employment

At the start of this lockdown, we discussed the Government’s expansion of the furlough scheme to allow employers to furlough those who cannot work due to caring responsibilities (which includes looking after children who would otherwise be in school)....

Jan
26
2021

Time limits and date of knowledge for public procurement claims
#Public Procurement

A very short and strict time limit of 30 days applies to claims brought under the Public Contracts Regulations 2015. The time for beginning court proceedings starts running from the ‘date of knowledge’ – this is the date on which the bidder has sufficient information to believe that it may have a claim for breach of the Regulations....

Jan
21
2021

The impact of the new Covid variant on workplace health and safety
#Employment #Health & Safety

There have been 53 updates to the Government’s health and safety guidance on making workplaces “COVID-secure” since May 2020....

Jan
20
2021

Mandatory workplace testing: what employers need to know
#Employment

Last week, the Government announced its expansion of community asymptomatic testing to identify more positive cases of COVID-19....

Jan
20
2021

Will WhatsApp share my data with Facebook?
#Employment #Data Protection

The WhatsApp privacy confusion – what is actually going on and should you continue to use the app?...

Jan
19
2021

HRMC to publish list of employers making a furlough claim
#Employment

The Coronavirus Job Retention Scheme (CJRS) guidance was updated on 10 November 2020, warning employers that submitting a CJRS claim from 1 December 2020 onwards meant they were also agreeing to HMRC publishing their names....

Jan
15
2021

Rolling out of vaccination programme for employees
#Employment

The UK government is relying on the national vaccination programme against COVID-19 as a route out of this crisis. The programme is voluntary and the government is clear that it will remain this way, both for civil liberties and public health reasons......

Jan
14
2021

Employment & HR in 2020 – The Equality Agenda
#Employment #Podcasts and Webinars

Last week our look back on 2020 reflected on Public Health and the COVID-19 pandemic, this article considers 2020 in terms of the equality agenda. Although, the constant refrain from the Government has been that we are all in this pandemic together and all have a part to play to get out of it, it is clear that this pandemic has not hit all members of society equally....

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