Clarkslegal LLP - Solicitors in Reading and London

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Aug
16
2019

Diabetic employee successfully claims unfair dismissal and discrimination following dismissal for gross misconduct after locking customer in bank branch
#Employment

A London Employment Tribunal has ruled that a bank manager, who was dismissed after his health condition adversely affected his ability to follow proper security procedures at work, has successfully brought a claim against his employer for unfair dismissal and disability discrimination. ...

Aug
16
2019

ICO updated guidance on the timeframe for complying with subject access requests
#Data Protection

The ICO has updated its guidance on the timeframe for compliance with subject access requests. ...

Aug
15
2019

International Surrogacy and UK Immigration Law
#Immigration

Surrogacy from overseas can become a complicated matter which can take several months before you are able to bring your child to the UK. The law surrounding international surrogacy is complex and requires an assessment of international laws....

Aug
15
2019

Force majeure clauses and the “but for” test
#Construction #Commercial

A recent Court of Appeal decision in Classic Maritime Inc v Limbungan Makmur SDN BHD [2019] EWCA Civ 1102 has considered whether a party could rely on an exceptions clause (similar to a force majeure provision) to excuse non-performance in circumstances where it was not able and willing to provide cargoes for shipping even if the force majeure event had not occurred. ...

Aug
15
2019

Brexit: One million granted status under the EU Settlement Scheme
#Immigration #Setting up in the UK

The Government has revealed today that over one million applicants have been granted status under the EU Settlement Scheme. This means that they have either been given pre-settled status or settled status....

Aug
15
2019

Building a Safer Future: the government’s Consultation
#Construction

Following Dame Judith Hackitt’s Final Report and the government’s Implementation Plan , this summer the government published a consultation on proposals for reform of the building safety regulatory system, which closed at the end of July 2019....

Aug
14
2019

Spouse Visa: How to meet the adequate accommodation requirement?
#Immigration

Under Appendix FM of the Immigration Rules, an applicant must provide evidence that there is adequate accommodation available to them, which the family owns or occupies exclusively, without recourse to public funds. In order to assess adequacy, the accommodation must not be: ...

Aug
14
2019

News Flash: The TUPE Quarter Podcast Series Launches Today!
#Employment

We all know what a complex area TUPE can be so we’re launching a series of podcasts designed to bring you right up to date with all things TUPE! This will include the latest case law developments as well as discussion on common issues and myths that surround business transfers and service provision changes....

Aug
14
2019

Charity Food Truck Rally to be hosted by Clarkslegal, Streetdots and FareShare
#Food and Restaurants

Clarkslegal are pleased to confirm that we have once again secured a space on the historic Covent Garden East Piazza for the annual Charity Food Truck Rally. This year’s event is again in partnership with our client StreetDots and we will be raising money for the incredible FareShare, who are this year’s London office chosen charity....

Aug
13
2019

Transferor will need to provide more information to transferee from April 2020
#Employment

Under section 1 of the Employment Right Act 1996, employers must provide most employees with particular information about their employment including start date, scale/rate of remuneration, and terms relating to hours of work. ...

Aug
13
2019

Legal Considerations Before Opening a Pop-Up Theatre
#Real Estate #Media & Entertainment

Pop-up theatres are becoming an increasing trend in the arts world, offering a flexible and cost-effective alternative to traditional venues. A wide variety of locations are now being used, from urban gardens to disused retail space. ...

Aug
13
2019

The High Court has considered circumstances in which directors owe fiduciary duties to the company's shareholders
#Directors' Duties #Corporate

Earlier this year I discussed the importance of good corporate governance following the decision in Stobart Group v Tinkler. Paramount to good corporate governance is the adherence to the directors’ duties, whether contractual or fiduciary. Given the inherent lack of tangibility of any duties with a fiduciary persuasion, directors can often be found wanting when trying to quantify and qualify the positions where such duties might be owed to their shareholders. ...

Aug
12
2019

Struggling to increase your covers? A guide for restaurant entrepreneurs
#Food and Restaurants

Whether you own a restaurant or are looking to open one it is crucial to ensure you keep your tables full, especially in an uncertain market. With the right marketing strategy you can improve your chances of having a busy restaurant and also reduce ‘no shows’. ...

Aug
12
2019

Right to Work Checks for EU Workers pre and post Brexit
#Immigration #Employment

There has been a tornado of confusion in the build up to Brexit for employers. Adding to this confusion is the question whether there will be any changes to right to work checks for EU nationals pre and post Brexit? In short, the answer is that there will be no significant changes until 1 January 2021, when the new skills-based immigration system will be implemented....

Aug
12
2019

Setting up a construction business in the UK: Tips on payment
#Construction #Setting up in the UK

If you are setting up a construction business in the UK, then one of the most important areas to consider is how to ensure you will get paid for your works without delay. Here are our top tips for getting paid....

Aug
09
2019

Prime Minister announces a major shake-up to the Immigration Rules
#Immigration #UK Immigration

The Prime Minister, Boris Johnson, has announced on Facebook live yesterday that he intends on changing Immigration Rules to fast-track foreign scientists to the UK. In his announcement he also mentioned removing the 2000-cap on the current Tier 1 Exceptional Talent route and widening the number of endorsing bodies. ...

Aug
09
2019

eSports: The beginning of a new era in gaming?
#Information Technology

Video games. A simple yet entertaining diversion or a colossal waste of time? One may be forgiven for missing the rapid emergence of competitive videogaming, also known as eSports. Yes, it is actually a thing, and its popularity is surging. The business world is taking note....

Aug
09
2019

Dealing with a UK Visit visa refusal
#Immigration #UK Immigration

A visit visa refusal can be frustrating to deal with. In most cases, it can be unexpected and puts your forthcoming holiday or business plans to an immediate halt. It may also cause reputational issues if you were to meet a potential client in the UK. ...

Aug
08
2019

Risk to applying 12.07% cap for Part-Time workers
#Employment

The Court of Appeal (“CoA”) decision in Harper Trust v Brazel reiterates the risks to employers who apply a loose and general Working Time Regulations (“WTR”) and ACAS affiliated holiday pay calculation for part-time workers. ...

Aug
07
2019

Tier 4 Visa Checklist
#Immigration #Setting up in the UK

If you are a non-EEA national and wish to study in the UK, then you can do so through the Tier 4 visa route. If you are applying from outside of the UK, then here is a quick checklist of documents required for the application. ...

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