Clarkslegal LLP - Solicitors in Reading and London

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Jan
19
2018

Compensatory rest must be truly equivalent
#Employment

Under the Working Time Regulations a worker is entitled to a 20 minute rest break if they work over six hours. ...

Jan
18
2018

Tier 2 Sponsors: Role of the Authorising Officer
#Immigration #Inward Investment #Employment

Businesses with sponsor licences have a huge responsibility to ensure that the points based system is not abused. The role of the Authorising Officer is to effectively manage the licence and ensure the employer is not in breach of its sponsor duties. ...

Jan
15
2018

Your questions answered - ICO publishes FAQs
#Data Protection

With the General Data Protection Regulation (GDPR) deadline growing closer, the Information Commissioner’s Office (ICO) has published 12 ‘frequently asked questions’ about the regulations....

Jan
12
2018

Lack of GDPR preparation among 2.1million SMEs
#Data Protection

With 5 months to go until the General Data Protection Regulation (GDPR) kicks in, research conducted by The Data Compliance Doctors suggests an alarming amount of SMEs could be at risk of breaching the GDPR the day it comes into effect if they do not take action soon....

Jan
12
2018

New DBS application procedure introduced in England and Wales
#Employment

Basic criminal records checks provide details of an individuals’ convictions and conditional cautions considered to be “unspent” under the Rehabilitation of Offenders Act 1974....

Jan
12
2018

Perceived disability claim upheld by the EAT
#Employment

In The Chief Constable of Norfolk v Coffey the EAT held that an employer’s belief that an employee’s hearing problem may become a disability in the future amounted to direct perceived disability discrimination....

Jan
11
2018

Michael Sippitt writes for World Finance on 'Trade threats and opportunities ahead'
#Press

Despite the amount of geo-political upheaval; the business reality is that economic growth remains robust. The future may appear littered with threats, but opportunities remain plentiful...

Jan
09
2018

UKVI confirms Restricted CoS limit reached in December
#Immigration #Inward Investment #Employment

For the first time since July 2015, the Home Office’s monthly Restricted Certificate of Sponsorship (CoS) limit was reached and many employers saw their applications refused. Data published on the government’s website shows that 1,527 applications were granted. Successful applications had to score a minimum of 55 points as opposed to the usual 21 points (see data for previous months)....

Jan
09
2018

Data protection – have you got consent to use and store personal data?
#Data Protection

Under current rules for data protection, businesses are allowed to implement “opt-out” and pre-checked boxes when it comes to obtaining an individual’s consent to collecting and using personal data....

Jan
08
2018

Public procurement: does failing a pass/fail question = disqualification?
#Public Procurement #Dispute Resolution

Shortly before Christmas the judgement in the case of MLS (Overseas) Ltd v The Secretary of State for Defence [2017] EWHC 3389 TCC was released, containing important lessons for bidders and contracting authorities involved in public procurement....

Jan
08
2018

Michael Sippitt writes for City A.M. on ‘The glass is full of opportunity when it comes to global trade’
#Press

Despite President Trump’s America First philosophy, the UK’s bumbling (though still unclear) exit from the EU, or any number of other “glass half empty” stories that dominate the news, the reality for business generally is that life goes on and deals can and must be done....

Jan
05
2018

Protected conversations – an exception to the protection…
#Employment

Pre-termination discussions between employer and employee are protected and cannot usually be referred to by either party in a subsequent unfair dismissal claim....

Jan
03
2018

FIDIC launches new Red, Yellow and Silver Books
#Construction

In December 2017, FIDIC launched new editions of the following contracts to replace the 1999 editions:...

Jan
03
2018

The name is Bond… On-demand Bond
#Construction

A brief insight into the most used form of security in the construction industry, bonds and guarantees, after the recent judgment of Autoridad del Canal de Panamá v Sacyr, S.A. & Ors put these forms of security instruments back in the limelight....

Jan
02
2018

Top tips on how to save money when taking a commercial lease.
#Commercial Real Estate

Most potential commercial tenants will budget for what they expect to be the usual costs of taking a lease, such as the main rent, legal fees and any rent deposits required by the landlord, but often there are some hidden or unexpected costs that also need to be considered....

Jan
01
2018

Monica Atwal comments in Metro on ‘What happens if your job makes you take a drugs test and you fail?’
#Employment #Press

It’s the morning after the night before, and you’ve done something that really wasn’t a good idea. And it just so happens that today is the one day in your career that your boss has decided to randomly drug test some of the workers....

Dec
22
2017

Criminal conviction for Loss Adjustors who used illegally obtained data
#Employment #Data Protection

With the constant risk of fraud, investigating claims is a priority for many insurance firms. However, a recent case has shown how this can lead to a breach of data protection legislation and criminal sanctions. ...

Dec
22
2017

Ghosts of Christmas Past: using Christmas bonus to bypass collective bargaining comes back to haunt employer
#Employment

Earlier this year we reported on the Tribunal decision in Dunkley and others v Kostal UK Ltd, involving an attempt to induce staff to give up their collective bargaining rights by informing them directly that failure to agree terms would lead to “no Christmas bonus”. ...

Dec
15
2017

Tier 2 & 5 Priority Service for Sponsors
#Immigration #Inward Investment #Employment

Last year, UK Visas & Immigration launched the Tier 2 and 5 priority change of circumstances service for business sponsors. UKVI’s current processing time for requests via the SMS is 18 weeks – which as our clients know is 18 weeks too long....

Dec
15
2017

Home Office fines show the true cost of not carrying out immigration checks
#Immigration #Inward Investment #Employment

The Home Office has recently published its quarterly figures for the number of illegal workers identified between April and June 2017. The figures show that illegal workers are not just isolated cases....

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