In SoS BEIS v Parry and The Trustees of the Williams Jones’s School Foundation, the Court of Appeal (overturning the EAT’s decision) confirmed that even if a claim form has no particulars attached, in some circumstances a Respondent can still respond to the claim....
In the wake of various high profile sexual harassment stories in both the UK and the US, the Equality and Human Rights Commission (EHRC) have taken several steps to improve the situation for employees in the UK. This has led to them publishing a report in March this year entitled “Turning the tables: ending sexual harassment at work”....
Further to our previous blog on the tribunals issuing a response to the Vento band consultation for cases presented from 11 September 2017, the Presidents of the Employment Tribunals in England, Wales and Scotland have now issued updated joint guidance increasing the Vento bands used to calculate awards for injury to feelings (most commonly seen in discrimination and whistleblowing claims)....
There are many risks in terminating a contract, particularly in construction contracts - get it wrong and you risk being in breach of contract yourself. The two main pitfalls are:...
We are seeing an increased adoption of BIM (Building Information Modelling) in the projects we are advising on across the private sector. Of course, BIM Level 2 became mandatory for use on all UK public sector works in April 2016. The implementation of BIM means that the contract documents for the contractor and through the supply chain and professional consultants will need to consider the specific implications of BIM....
This video looks at the risks surrounding insolvency in the construction supply chain. ...
Property related FAQs by franchisees....
In Pets at Home Ltd v MacKenzie, the EAT held that if a breach of contract has been affirmed by an employee, a further breach by the employer cannot revive the earlier breach. ...
Business leaders must understand the enabling power of technology and get the right people on board in order to stay ahead of the game...
New fees for immigration and nationality are to come into effect on 6 April 2018. The changes include increases to Tier 2 work visa fees, indefinite leave to remain and naturalisation applications. ...
The news surrounding Facebook and Cambridge Analytica sends a clear warning to organisations holding and processing personal data - tighten up your data processing and let individuals know what you will be doing with their data! ...
According to the ACAS quarterly stats, between April – July 2017 ACAS received around 1,700 notifications a week. This increased by 500 per week following the Supreme Court judgment in R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51 handed down on 26th July 2017 abolishing Tribunal Fees....
The EAT have held that in a redundancy situation there is no requirement for an employee to raise the issue of bumping in order for the employer to have to consider it. ...
Clarkslegal co-hosted the Thames Valley IT Forum with James Cowper Kreston, Barclay's and Laudis this morning at the Thames Valley Science Park....
In 2016 the case of The Software Incubator Limited v Computer Associates UK Limited made waves in the commercial agency sector by finding that the definition of “goods” for the purpose of the Commercial Agents (Council Directive) Regulations 1993 (the “Regulations”) included software. The Regulations provide important rights for commercial agents, including in particular the right to receive compensation upon termination of the agency agreement, but only protect commercial agents who sell goods, rather than services....
The Uber fatality in Arizona raises tricky legal questions....
This week (in Reilly v Sandwell Metropolitan Borough Council), the Supreme Court, has found that a head teacher's failure to disclose her relationship with a man who had been convicted of making indecent images of children justified her dismissal....
The Court of Appeal (CA) has held in the recent case of Gomes v Higher Level Care that a worker cannot claim compensation for injury to feelings under the Working Time Regulations (WTR) if they have been prevented from taking rest breaks. ...
The Employment Appeal Tribunal, in Brazel v The Harpur Trust, held that it was incorrect to treat holiday pay for term-time teachers as being capped at 12.07% of annualised hours. ...
On 11 January 2018, the immigration rules were amended and new provisions were introduced which affect how the Home Office assesses continuous residence for Indefinite Leave to Remain (ILR) applications. Whilst the changes affect all Points Based System migrants, we will be focusing on Tier 2 General workers. ...