Clarkslegal LLP - Solicitors in Reading and London

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Jan
18
2019

Building connections: the Internet of Things and construction
#Information Technology #Construction

There is a lot of talk about the “Internet of Things”, or IoT. But what does that actually mean – and what does that mean for the construction industry...

Jan
18
2019

Renewing your Certificate of Sponsorship (CoS) allocations for this year
#Immigration #Inward Investment

It is that of time of the year when most sponsors would have either received an email from UK Visas & Immigration (UKVI) asking them to renew their CoS allocations or would have qualified for auto-allocation. ...

Jan
18
2019

Genuine substitution does not always rule out employee status
#Employment

For many years, the law has been clear that an unrestricted right to appoint a substitute is not consistent with employee status. ...

Jan
18
2019

Iceland in Minimum Wage Dispute
#Employment

Iceland have been accused by HMRC of underpaying their staff by £3.5 million a year for the last 6 years....

Jan
15
2019

EU Settlement Scheme #Brexit
#Immigration #Inward Investment

The UK is anticipated to leave the EU on 29 March 2019 (unless the two-year notice period is extended by agreement between the UK and EU). The new EU Settlement Scheme fully opens on 30 March 2019....

Jan
15
2019

What happens if there is no deal? – EU Citizens in the UK #Brexit
#Immigration #Inward Investment

The last few days of Parliament have not provided anyone with any certainty on Brexit. A key group of stakeholders of Brexit are the EU citizens in the UK and those intending to come here post-Brexit. So, what happens if there is no deal before 29 March 2019 and the UK crashes out of the EU?...

Jan
11
2019

EU Settlement Scheme – Public Test phase rolls out 21 January 2019
#Immigration #Inward Investment

The EU Settlement Scheme is now entering its first public test phase from 21 January 2019. The scheme, which is scheduled to fully open on 30 March 2019, has undergone private testing phases with employees in the higher education, health and social care sectors....

Jan
11
2019

The meaning of ‘Practical Completion’
#Construction

The term ‘practical completion’ is not defined in many industry standard forms of building contract, such as the JCT, which can lead to uncertainty and disputes as to whether works are in fact practically complete. Very often therefore, project specific definitions are incorporated by amendments to the standard forms. There have been two very recent cases on the meaning of ‘practical completion’ and we now consider the key issues arising....

Jan
11
2019

‘What counts as sexual harassment? New BBC Three documentary asks young adults’ – Monica Atwal comments for i News
#Employment #Press

Lawyers say they understand the widespread disagreement over sexual harassment because the boundaries of appropriate behaviour have shifted...

Jan
10
2019

CEO to median pay ratio reporting: HR implications
#Employment

New executive pay ratio reporting regulations came into force this month (in the Companies (Miscellaneous Reporting) Regulations 2018)....

Jan
10
2019

When should you provide a written statement of employment terms to new employees?
#Employment

In the recent case of Stefanko and others v Maritime Hotel Ltd, the Employment Appeal Tribunal held that any employee engaged for a month or more is entitled to a written statement of terms in accordance with Section 1 of the Employment Rights Act 1996....

Jan
10
2019

Seven months down the line and many are still unaware of their GDPR requirements
#Data Protection #Employment

The EU’s Data Protection pride and joy, GDPR, came in a little over seven months ago. Despite this, many workers are still not compliant and, worse still, are unaware that they are doing anything wrong. ...

Jan
08
2019

Right to Work check changes from 28 January 2019
#Immigration #Employment #Inward Investment

On 13 December 2018, the Government laid before the Parliament the Immigration (Restrictions on Employment) (Code of Practice and Miscellaneous Amendments) Order 2018 and an updated Code of practice to prevent illegal working....

Jan
08
2019

AI to make our life better? 2019 may be the year!
#Information Technology

The continued increases in AI and blockchain development and advances in hardware have impacted on all areas of life and industry and as we start 2019 one can only imagine what the next decade holds....

Jan
08
2019

Post-Brexit public procurement arrangements
#Public Procurement

The government has published its draft Public Procurement (Amendment etc.) (EU Exit) Regulations 2019 which are intended to come into force on exit day. The draft Regulations are based on the assumption that the UK will become party to the World Trade Organisation’s Government Procurement Agreement (GPA) in its own right – currently the UK is only party to the GPA in its capacity as an EU member state. ...

Jan
04
2019

Out of the frying pan and into the fire for the UK restaurant sector in 2019?
#Food and Restaurants #Entrepreneurs & Start-Ups #Real Estate

It has been a difficult 2018 for all of us and with increased uncertainty over what the future holds in Europe consumers seem to have tightened their belts and spent less on eating out. ...

Jan
04
2019

Increase in Immigration Health Surcharge from 8 January 2019
#Immigration #Inward Investment

The Immigration Health Surcharge (IHS) will double on 8 January 2019. The IHS is a charge paid by temporary migrants to the UK. This increase means that most visa applicants (from outside the EU) will now pay £400 per year up from £200 per year. Student and Youth Mobility visa applications will have to pay £300 per year up from £150 per year....

Jan
04
2019

Advantageous treatment not the same as unfavourable treatment.
#Employment

At the end of 2018 the Supreme Court considered whether advantageous treatment, that had the potential to be even more advantageous, would constitute ‘unfavourable’ treatment within the meaning of the Equality Act....

Jan
04
2019

Court of Appeal reverses High Court Judgment that dividend payment was actually salary
#Employment

In Global Corporate Limited v Hale the Court of Appeal overturned an earlier High Court decision that dividend payments made to company director-shareholders were actually salary. ...

Jan
03
2019

Powers of Attorney and Corporate Transactions
#Corporate #Commercial #Construction

The recent Judgment of the High Court in Katara Hospitality (a company incorporated in Qatar) v (1) Gerard Guez and (2) Jacqueline Rose [2018] EWHC 3063 (“Katara Hospitality”) highlights the importance of ensuring the proper and valid execution of an instrument and also serves as a timely reminder of the importance of ensuring that the scope of an instrument is expressly set out if it is to be successfully relied upon....

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