Clarkslegal LLP - Solicitors in Reading and London

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Jul
18
2018

Successful appeal erases dismissal
#Employment

In the recent case of Patel v Folkstone Nursing Home Ltd, the Court of Appeal held that an employee had not been dismissed by his employer as his internal appeal against dismissal had been successful; thereby effectively erasing the earlier dismissal. The claimant had been dismissed for gross misconduct for falsifying records and sleeping whilst on duty. ...

Jul
13
2018

Facebook to pay for data protection breaches
#Data Protection

The ICO has announced that Facebook will be fined the maximum possible amount of £500,000 for its breaches of the Data Protection Act in relation to the Cambridge Analytica scandal, an amount that pales in comparison with the new fines introduced under GDPR. We previously blogged on the scandal here....

Jul
13
2018

Recurring holiday dreams?
#Employment

In Flowers v East of England Ambulance Trust, The Employment Appeal Tribunal has confirmed that voluntary overtime should be included when calculating holiday pay, if it is paid over a sufficient period of time. The ambulance crew members in this case did both mandatory but non-guaranteed overtime (shift over-run) and voluntary overtime, both of which were irregular. However, the voluntary overtime was not included in their holiday pay calculations. ...

Jul
13
2018

Discrimination arising from disability: Any treatment must be proportionate
#Employment

In Ali v Torrosian and others (t/a Bedford Hill Family Practice) the EAT confirmed that when determining a claim for unfavourable treatment arising in consequence of a disability, Tribunals must consider whether the employer’s pursued legitimate aim could be achieved by less discriminatory means. Discrimination arising from disability (“unfavourable treatment”) was a new ground of claim created under the Equality Act 2010. ...

Jul
09
2018

Accessing commercial land to carry out works
#Commercial Real Estate

We are often asked by commercial clients whether there is any legal right to go on to land owned by another commercial property to carry out repair and maintenance works where it is not possible to carry out such works from the landowner’s own property and there is no legal right in place allowing access to the land....

Jul
09
2018

Cyber Security Regulation – Key Points
#Information Technology #Corporate

EU Directive Security of Networks & Information Systems (NIS) was a response from the EU to concerns about cyber security impacts on key infrastructure within the EU and the impacts that this would have on its citizens....

Jul
09
2018

Data Protection Reform and buying and selling businesses and assets
#Data Protection #Commercial #Corporate

The Introduction of GDPR and the new Data Protection Act 2018 has already been the subject of many an article and discussion....

Jul
06
2018

Government announces new visa scheme for overseas researchers
#Immigration #Inward Investment

Immigration rules are to be relaxed by the Home Office today with the introduction of a new ‘UKRI Science, Research and Academia’ scheme which allows non-EEA researchers, scientists and academics to come to the UK for up to 2 years. The new scheme will be added to the Tier 5 (Temporary Worker – Government Authorised Exchange) visa route. ...

Jul
06
2018

New technology in the healthcare sector
#Commercial

The NHS turned 70. During that time, there have been huge scientific breakthroughs including the discovery of DNA structure, huge advances in transplant surgical techniques and the development of IVF – to name just a few!...

Jul
06
2018

Right to work check: Failure to give right of appeal following dismissal, found to be unfair
#Employment #UK Immigration

As we have previously blogged, if an employee fails to produce evidence of his right to work in the UK, it will not necessarily be fair for an employer to dismiss on the basis that it would be illegal to continue to employ the employee. However, dismissal in these circumstances can still be fair if the employer has a reasonable and genuinely held belief that it would be illegal to continue to employ them and has followed a fair process....

Jul
06
2018

Qualifying period for Unfair Dismissal Claims
#Employment

If an employee is dismissed for gross misconduct just short of 2 years service, s/he cannot add on statutory minimum notice so as to qualify to bring an unfair dismissal claim, found the Employment Appeal Tribunal (EAT) in Lancaster & Duke Limited v Wileman....

Jul
05
2018

Take a trip on a driverless bus?
#Information Technology

We took another step forward yesterday in the move towards driverless transport. ...

Jul
04
2018

Retention and Payment – Know Your Rights Seminar on 20 June 2018
#Construction

In case you missed our seminar on 20 June 2018 in Reading with BESA (The Building Engineering Services Association), here is our summary of what was said, and the key take-away points from the event. ...

Jul
03
2018

GDPR: Commercial realities
#Data Protection

It will not have escaped organisations’ attention that data protection laws have undergone significant reforms lately. The GDPR came into force on 25 May 2018, however we also have a new Data Protection Act 2018 (DPA 2018) which is now in force, thanks to some last-minute prompt progress through Parliament....

Jul
02
2018

Clarkslegal advises Chef Emily Roux in Joining Her Family’s London Restaurant Dynasty
#Press

Clarkslegal, led by real estate lawyer Simon Ralphs, advised Chef Emily Roux on all of the property aspects of her new venture Caractère....

Jun
29
2018

Tribunal delivers further win for gig economy workers
#Employment

In a recent ruling by the Employment Tribunal, Hermes couriers have been deemed to be workers. This is the latest in a long line of decisions about the gig economy, including Pimlico Plumbers, Uber, Citysprint and Deliveroo, in which the general trend has been that those working in the gig economy have been found to have greater rights than the company may have envisaged....

Jun
29
2018

Changes to UK immigration rules from 6 July 2018
#Immigration #Inward Investment

The UK Government has announced changes to the immigration rules that will come into effect on 6 July 2018. Many of the changes are positive and will bring welcome news to those looking to work or invest in the UK. Below is a summary of the main changes....

Jun
29
2018

Whistleblowing: When is a Disclosure Protected?
#Employment

In Kilraine v London Borough of Wandsworth the Court of Appeal has confirmed that to be protected under whistleblower legislation, disclosures need to be more than mere allegations and have sufficient factual content and specificity of a relevant failure set out in the Employment Rights Act 1996. ...

Jun
26
2018

Challenging a procurement award: what are the possible outcomes?
#Public Procurement

Losing a tender is never a welcome experience, especially when significant time and money has been expended on preparing your bid. In some cases, there may be good reasons to challenge the outcome legally. But what are the possible outcomes of challenging the award of a public contract? ...

Jun
25
2018

Can use of technology avoid payment disputes in construction?
#Construction #Dispute Resolution #Information Technology

In the UK construction industry, payment is usually made at intervals during a project, often by way of a monthly application by the party seeking payment....

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