Clarkslegal LLP - Solicitors in Reading and London

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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....

Jun
22
2018

Government announces new settlement scheme for EEA nationals
#Immigration #Inward Investment

The UK government has now released details of the “settled status” scheme which EU nationals in the UK will use to apply for permanent residence after Brexit. Sajid Javid confirmed the government’s default position will be to grant, not refuse, settled status. The government has also provided clarity on application fees and Comprehensive Sickness Insurance, which will no longer be required....

Jun
22
2018

Automatic unfair dismissal despite employee’s knowing use of illicitly gained personal information
#Employment

It is automatically unfair to dismiss an employee for taking part in trade union activities at an appropriate time. It is also unlawful to subject an employee to a detriment on this basis. For a union official, union activities include seeking to present a case on behalf of his/her members....

Jun
22
2018

List of issues should be complete
#Employment

It is common for parties to a tribunal claim to agree, at an early stage, the list of the issues that they want a tribunal to determine. In the recent case of Scicluna v Zippy Stitch the Court of Appeal has suggested that tribunals will usually be confined to these issues. ...

Jun
20
2018

Clarkslegal wins Strike Out Application following new Contract Law ruling
#Dispute Resolution #Commercial #Public Procurement

In a hugely significant judgment for businesses, the Supreme Court has tightened the flexibility traditionally enjoyed by contracting parties to vary the terms of their contracts (Rock Advertising Ltd v MWB Business Exchange 2018)....

Jun
19
2018

UK government announces new start up visa route
#Immigration #Inward Investment

Last week, Home Secretary Sajid Javid announced plans to introduce a new start up visa for entrepreneurs. The new start up visa will launch in Spring 2019 and is expected to replace the Tier 1 Graduate Entrepreneur scheme. The announcement was made during London Tech Week and the government hopes a simpler visa route will create a favourable environment for entrepreneurs. ...

Jun
19
2018

Will HR be Human or Hybrid?
#Press #Employment #Information Technology

As huge numbers of employees face displacement by technology over the coming decade, nearly half all jobs in manufacturing according to some, what is the HR agenda to mitigate the human cost of this technological revolution?...

Jun
18
2018

How might AI and Blockchain impact on HR?
#Employment #Information Technology

Artificial Intelligence (“AI”) and Blockchain are becoming more prominent, with ever-increasing uses. But how could such developments impact HR?...

Jun
15
2018

‘Serious misconduct’ dismissals- Must there be prior warnings?
#Employment

The recent EAT decision of Quintiles Commercial v Barongo held that even in the absence of any prior warnings, a dismissal for misconduct is not necessarily unfair where the conduct is labelled ‘serious misconduct’ rather than ‘gross misconduct’. The Tribunals need to consider the circumstances as a whole when assessing the decision to dismiss....

Jun
15
2018

Avoiding a Red Card: Acas publish employer guidance for the FIFA World Cup
#Employment

With kick off for the FIFA World Cup on Thursday 14 June, Acas have released guidance for employers on managing workplaces during this time. ...

Jun
15
2018

Pimlico Plumbers – Appeal dismissed
#Employment

As we blogged, back in August, Pimlico Plumbers (“Pimlico”) were granted the right to appeal to the Supreme Court against a finding that one of its plumbers was a worker and not self-employed. Now, the Supreme Court has spoken and, as expected, it has dismissed Pimlico’s appeal....

Jun
14
2018

Dixons Carphone admits major data breach
#Employment

Dixons Carphone’s review of data and its systems disclosed massive unauthorised access to 5.9 million customer cards and 1.2 million personal records. The incident gathers attention after both GDPR and Data Protection Act 2018 (‘DPA 2018’) came into force on 25 May 2018....

Jun
12
2018

House of Fraser in Hot Water: the rise of Company Voluntary Arrangements (CVAs)
#Corporate #Commercial

House of Fraser is the latest high-profile CVA in the retail sector but it’s not just the retail sector which has been inundated: the latest government statistics show that there has been an 85.5% increase in the use of CVAs.[1]...

Jun
12
2018

Telecommunications Code
#Commercial Real Estate #Information Technology

The new telecommunications code came into force in December 2017. The act is an innovative step which is designed to give licensed telecoms operators statutory rights to place, and keep equipment, on private land. The aim is to improve connectivity; however, the code raises several issues which Landowners need to be alive to....

Jun
08
2018

Time off for Public Duties extended
#Employment

Under the Employment Rights Act 1996, an employer must allow employees time off for public duties. The Time off for Public Duties Order 2018 comes into force on 1st October 2018 and extends these rights. The right will now also be available to individuals who monitor conditions in places such as court custody, Scottish prisons, immigration removal centres and immigration facilities at ports and airports....

Jun
08
2018

GDPR: Not the end of the story as the DPA 2018 comes into force
#Data Protection

The 25th May 2018 has now come and gone and the GDPR has come into force. ...

Jun
08
2018

Investor Briefing: Raising £3-15m Finance for Cleantech Companies
#Corporate

Forbury Investment Network, in association with Rushlight Events and Ingenious, held a successful Investor Briefing on Raising £3-15m Finance for Cleantech Companies, on 24th May 2018....

Jun
08
2018

Tier 2 Sponsors: Renewing your sponsor licence
#Immigration #Inward Investment

A sponsor licence is valid for 4 years and Tier 2 sponsors must ensure that they submit a renewal application in good time to avoid losing the ability to sponsor workers. Whilst the application process is straightforward, there are some key steps an Authorising Officer must take before authorising a renewal....

Jun
06
2018

Construction: on the brink of a digital revolution?
#Information Technology #Construction

For many people, “construction” conjures images of scaffolding, bricklaying, and piledriving. But there’s always been more to it than that, and new technologies are increasingly disrupting established practices and processes....

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