In Bakkali v GMB (South) Ltd, the Employment Appeal Tribunal decided that asking a Moroccan Muslim bus driver whether he "still supported Islamic State" was neither direct discrimination nor harassment related to race or religion....
The government have published figures for the 2017-2018 tax year which show that the number of workers who have received back pay due to underpayments of the minimum wage has more than doubled since the previous year. ...
Next week is Mental Health Awareness week (14 – 20 May 2018) so what better time to reflect on the last 12 months which have seen much positive activity in the field of supporting mental health in the workplace. October 2017 saw two comprehensive publications issued: the ACAS guidance “Promoting positive mental health in the workplace” and the Stevenson / Farmer review of mental health and employers, “Thriving at work”. ...
It is not protests in the streets and the overturning of our Government by violence we fear, at least not yet anyway. However, there is a quiet and transformational revolution going on that will deeply affect just about everyone over time....
An employee can be unfairly dismissed if they resign as a result of an employer’s repudiatory breach, known as ‘constructive dismissal’. ...
According to a letter from the Lord Chancellor to the Justice Committee last month, a large number of eligible people have failed to apply for a refund of tribunal fees paid. The Ministry of Justice is sending letters to those affected to try to raise awareness in this regard. ...
Clarkslegal, led by corporate lawyers Jon Chapman and Esma Kilic, continue to advise OASIS Group on all of their UK acquisitions....
Hannah Mycock-Overell, senior solicitor at Clarkslegal, analyses the legal landscape in light of the recent update to the BIM Protocol and the Winfield-Rock report....
There is a long history of the court supporting the enforcement of adjudication awards. Typically, summary judgment will be granted unless a lack of jurisdiction or breach of natural justice can be established. The court will not look behind the findings in the adjudication award itself. ...
The importance of Sellers and Landlords ensuring the replies they give to pre-contract enquiries are kept up to date throughout a transaction and that the Buyer or Tenant is notified of any changes was recently highlighted in the case of First Tower Trustees Limited and another v CDS (Superstores International) [2017] EWHC B6 (Ch). A misrepresentation claim was made by the Tenant when their prospective Landlord failed to update replies to enquiries. ...
The right to have your personal data erased in certain circumstances, known as the ‘right to be forgotten’, hit the headlines back in 2014 when the European Court of Justice ruled that Google should amend its search results so as not to display certain information; in that case information about a Spanish citizen’s past financial difficulties....
The UK Electoral Commission is facing an ICO investigation after inadvertently releasing details of donors to a pro-union campaign group on its website. ...
This week, hundreds of South Asian highly skilled workers protested outside Parliament claiming they are the victims of the next Windrush scandal. The protest comes after Sajid Javid was appointed Home Secretary after Amber Rudd resigned for misleading the Home Affairs Select Committee over targets for removal of migrants during the Windrush scandal. ...
Data protection rules in the UK are set to be overhauled on 25th May 2018 with the introduction of the General Data Protection Regulation (GDPR) which will be applicable across the EU....
Recently I was asked for my views on the potentials and challenges of BIM in light of the Winfield Rock Report and the new CIC BIM Protocol. This blog summarises some of the key themes....
It is hoped by many that the well-publicised Main Contractor insolvency earlier this year may prove to be a huge catalyst for change in the construction industry. One of the key focus areas is the future of retentions. A private members bill, the Construction (Retention Deposits Scheme) Bill, also known as the “Aldous bill” after Peter Aldous MP, has been picking up traction since its first reading in January 2018. At last count, over 120 MP’s had given the bill their backing. In late April, industry bodies including BESA, representing 355,000 business across the construction industry handed in a petition to 10 Downing St. The petition called for payment and retention reform. Whilst the second reading due on 27 April 2018 was postponed to 15 June 2018, the wording of the bill has now been published. ...
In this video, Hannah Mycock-Overell, Senior Solicitor examines issues surrounding record keeping in construction projects. What records should be kept, and how best to prepare records should a delay or other issue arise to minimise later costs if a dispute occurs. ...
Marine and other insurance policies have a new virtual figurehead to help chart a course through mainly unexplored waters of doing business in an increasingly digital economy....
Whilst the process of assigning a Certificate of Sponsorship (CoS) is straightforward, it’s useful for sponsors to know what validates a CoS. If a CoS is not valid at the time the Tier 2 worker submits their visa application, the application will be refused resulting in delays to start date....
The employees in Abrahall v Nottingham City Council received incremental annual pay rises until March 2011, when the council imposed a two-year pay freeze. The council said that the only alternative was additional redundancies. ...