Clarkslegal LLP - Solicitors in Reading and London

Legal Updates

Search Legal Updates

Apr
01
2016

Brexit: Employment Law Exit Stage Left?
#Employment

Firstly, what do we mean by Brexit? Although the question that the electorate will answer on 23 June 2016 is simply framed – “should the UK remain a member of the EU or leave the EU?” – the ramifications of an “out vote” will be anything but simple....

Mar
24
2016

Budget 2016 – Key employment Law implications
#Employment

The budget, announced last week, contained some interesting employment law developments....

Mar
24
2016

Knowledge is King!
#Employment

Employee’s dismissal was not direct disability discrimination where decision-maker did not know that the employee was disabled....

Mar
18
2016

Government forced to make key concessions on Trade Union Bill
#Employment

The government has been heavily defeated in the House of Lords over proposed trade union reforms to how the unions fund political parties. The government’s proposal is to require union members to "opt in" to paying a political levy, rather than opt out, as under the current long standing system. Labour believes three million fewer members of the biggest unions would agree to pay into them, costing it at least £6m in annual revenue....

Mar
18
2016

£35,000 minimum earnings threshold for Tier 2 migrants applying for settlement
#Immigration #Employment

Last year we blogged about the £35,000 earnings threshold for Tier 2 migrants wishing to apply to settle in the UK. This change is due to come into force from 6 April this year and will apply to all non-EEA migrants who came to the UK on a Tier 2 visa after 6 April 2011, unless they have worked in an occupation on the shortage occupation list....

Mar
18
2016

Suspension of childcare vouchers during maternity leave was not discriminatory
#Employment

The Employment Appeal Tribunal (EAT) in Peninsula Business Services Ltd v Donaldson (9 March 2016) has held that suspending childcare vouchers during maternity leave was not discriminatory when carried out via a salary sacrifice scheme. ...

Mar
18
2016

Changes to Sunday trading scrapped
#Employment

The Government’s plans to change Sunday trading rules (see our blogs in August last year and February this year) have been rejected by the House of Commons. ...

Mar
17
2016

“As soon as reasonably practicable”: does it mean anything?
#Dispute Resolution

Commercial contracts often include obligations carrying the qualification “as soon as reasonably practicable”. A case earlier this month has given some insight into how the courts will interpret and apply such obligations. ...

Mar
09
2016

Discriminatory job advertisements - New Guidance from the Equality and Human Rights Commission
#Employment

Over the last year the Equality and Human Rights Commission (EHRC) received over 100 complaints in respect of job and services advertisements appearing to discriminate against persons with ‘protected characteristics’ including on their age, race, sexual orientation, disability and sex....

Mar
09
2016

Visa fees increase by up to 25% this month
#Immigration #Employment

UK Visas and Immigration have confirmed that later this month (or next month in the case of the Isle of Man) there will be a rise in the cost of visa application fees for many migrants wishing to come to the UK....

Mar
09
2016

The National Living Wage is here!
#Employment

The National Minimum Wage is currently paid at four different rates depending on the category of worker, however, from 1st April 2016 a fifth rate will be introduced for workers over the age of 25 years, referred to as the National Living Wage....

Mar
08
2016

What's on the horizon for corporate/commercial law?
#Corporate #Commercial

Below are a few things to look out for on the corporate/commercial horizon. We’ve got the ICO taking data protection more seriously than ever before, the UK calling for transparency over who owns the businesses running our economy, and working towards a simpler, fairer way of trading with UK consumers. ...

Mar
07
2016

Value and growth: inextricably linked
#Commercial

According to the Federation of Small Businesses, SMEs account for 99.9% of all private sector businesses in the UK, employing 15.6m people (60% of UK private sector employment) and generate £1.8 trillion in annual turnover (47% of UK private sector turnover). It is no wonder that SMEs are a vital part of any economy, disproportionately impacting job creation and economic growth....

Mar
07
2016

How to aid business growth in the real estate sector
#Real Estate

Protecting cash flow is often a key way to enable growth of a business and in the real estate sector there are a number of ways this can be done, particularly where you are occupying business premises by way of a lease...

Mar
07
2016

Employee Engagement for growing businesses
#Employment

For all growing businesses, and for start-ups in particular, one concern which often appears at an early stage is the risk of dilution of the ethos of the organisation as new employees join who may lack buy-in to the founding concepts....

Mar
04
2016

Fluency in English and/or Welsh to be compulsory for public sector workers with customer-facing roles
#Immigration #Employment

The Immigration Bill 2016, which is working its way through Parliament, contains a requirement on public authorities to ensure that their workers (including agency workers) who are in customer-facing roles speak fluent English (or Welsh in Wales). Customer-facing roles are described as those which require workers to speak to members of the public (both face to face and on the telephone) as a ‘regular and intrinsic’ part of their role....

Mar
04
2016

Net migration to UK falls for first time in almost two years...a new trend?
#Immigration #Employment

Figures released by the Office of National Statistics last week, show that annual net migration to Britain (i.e. the number of individuals immigrating to Britain less those migrating from Britain) was at a figure of 323,000 for the year ending September 2015, 13,000 less than the figure reported three months prior. When compared with figures for 2014, net migration is on the increase, however this drop is the first time the net migration figures have fallen in 2 years. The small drop predominantly arose through a reduction in the amount of non-EU individuals immigrating to Britain....

Mar
04
2016

Supreme Court revisits the law on vicarious liability
#Employment

In the conjoined cases of Cox v Ministry of Justice and Mohamud v WM Morrison Supermarkets plc, the Supreme Court had to consider two aspects of vicarious liability. Firstly, whether an employment relationship is necessary for vicarious liability to apply and secondly, whether an employer can be held liable for the criminal acts of its employees. ...

Mar
04
2016

Government proposal to prohibit EEA-only recruitment by employment agencies
#Employment #UK Immigration

In October 2015 the Government consulted on proposed changes to the “Conduct Regulations”, which govern the recruitment sector. The response to the consultation was published by the Department for Business, Innovation and Skills (BIS) last week and confirms the Government’s intention to proceed with the majority of the proposals within the consultation....

Feb
29
2016

Temporary cessation of work and lay off of employees did not preclude TUPE from applying
#Employment

The Employment Appeal Tribunal has found that an employment tribunal was wrong in finding that TUPE did not apply where there had been a lay-off of employees as a result of a commercial dispute with the main contractor leading to termination of the contract before the new contractor took on the services (Mustafa v Trek Highways Services Ltd and others UKEAT/0064/15)....

Page 40 of 118