Clarkslegal LLP - Solicitors in Reading and London

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Apr
06
2018

Answering the unknown: Can Respondents respond to unparticularised allegations?
#Employment

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....

Apr
06
2018

Ending Sexual Harassment in the Workplace
#Employment

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”....

Apr
06
2018

Increase to Injury to Feelings Awards
#Employment

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)....

Apr
05
2018

Termination: the pitfalls
#Construction

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:...

Apr
05
2018

Building Information Modelling requirements
#Construction

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....

Apr
04
2018

Construction Risk Video - Part 2
#Construction #Business Recovery & Insolvency

This video looks at the risks surrounding insolvency in the construction supply chain. ...

Apr
04
2018

How to to open a franchise
#Setting up in the UK #Real Estate

Property related FAQs by franchisees....

Mar
29
2018

Constructive Dismissal: Final Straws Cannot Revive Previously Affirmed Breach
#Employment

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. ...

Mar
27
2018

Helen Beech comments in the Telegraph on ‘Technology is the new business language, how fluent are you?’
#Employment #Press

Business leaders must understand the enabling power of technology and get the right people on board in order to stay ahead of the game...

Mar
23
2018

Home Office update: New visa fees from April 2018
#Immigration #Inward Investment #Employment

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. ...

Mar
23
2018

Facebook and Cambridge Analytica: A warning to all
#Data Protection

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! ...

Mar
23
2018

ACAS stats show a rise in claims following abolition of fees
#Employment

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....

Mar
23
2018

Redundancy: To bump or not to bump
#Employment

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. ...

Mar
22
2018

Clarkslegal co-hosted the Thames Valley IT Forum on Leadership
#Information Technology

Clarkslegal co-hosted the Thames Valley IT Forum with James Cowper Kreston, Barclay's and Laudis this morning at the Thames Valley Science Park....

Mar
22
2018

Commercial agents: software is not goods after all
#Dispute Resolution

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....

Mar
20
2018
Mar
16
2018

Head teacher’s failure to disclose relationship was gross misconduct
#Employment

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....

Mar
16
2018

Workers not entitled to claim an injury to feelings award despite Working Time Regulations breach
#Employment

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. ...

Mar
16
2018

No cap of 12.07% for part-time workers’ holiday
#Employment

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. ...

Mar
16
2018

Changes to continuous residence rules for Tier 2 workers
#Immigration #Inward Investment

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. ...

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