With the GDPR coming into force in only 6 months, organisations (who haven’t already) should be starting their preparations....
The Tier 5 visa route enables international students from outside the EEA to undertake temporary work experience, internships or approved training in the UK during or after their studies. Here, we consider the Government Authorised Exchange (GAE) and Youth Mobility schemes under Tier 5 of the Points Based System. Both routes allow a student/graduate to live and work in the UK for 12-24 months....
In Dr Parker v MDU Services Ltd, the claimant alleged that her employer’s pension scheme indirectly discriminated against workers who had a combination of full and part-time service....
On Wednesday, the government announced its intentions to double the number of visas to individuals who show promise in the technology, science, art and creative industries. Home Secretary Amber Rudd confirmed that the number of visas available through the Tier 1 Exceptional Talent route will increase from 1,000 to 2,000 a year....
The Central Arbitration Committee (CAC) has finally given its decision on whether a particular group of Deliveroo riders - those in the Camden/Kentish Town area of North London who are paid per delivery - are workers of Deliveroo or are independent suppliers of services to Deliveroo....
Anyone who has been involved in a legal dispute will have been told to consider engaging in some form of alternative dispute resolution, most often mediation, before the issue of proceedings. ...
Japanese Knotweed is a fast-growing invasive species and is a significant problem because it can cause physical damage to buildings and land. It is expensive and time consuming to permanently remove. Clarkslegal was instructed on the sale of a development site which was delayed for over a year when the buyer found Japanese Knotweed on site and insisted that the seller remove it before completion. ...
The Employment Appeal Tribunal (EAT) has today upheld the ET decision that when the Uber drivers were in the work area, available for work and with Uber app switched on, they were workers with rights to national minimum wage, sick pay and holiday pay....
The ICO has led a global investigation of website privacy communications on behalf of the Global Privacy Enforcement Network (GPEN) and found many organisations’ data protection practices are lacking. ...
For there to be a business transfer under TUPE there must be an ‘economic entity’ that retains its identity post-transfer....
Last night, Theresa May confirmed that the EU Withdrawal Bill would be amended to formally commit to Brexit at 23:00 GMT on 29 March 2019. This comes after the government published a ‘technical document’ on Tuesday setting out further details of how the new settled status scheme for EU nationals and their family members would operate as the UK leaves the EU. The document seeks to reassure the 3 million EU citizens currently living in the UK of their immigration status post-Brexit....
Taxi-hailing firm Uber has lost its appeal on Friday (10 November) against a ruling that its drivers should be classed as workers rather than self-employed....
Since the PSC Regulations came into effect in June 2016, changes to a company’s PSC information have been filed annually at Companies House on the Confirmation Statement....
Collateral warranties are a key feature of the construction industry, and they enable beneficiaries such as funders, tenants or purchasers of a development to have a contractual link with the project team. Whilst it is possible to utilise the third party rights act, this route is limited, as seen in the case of Hurley Palmer Flatt Limited v Barclays Bank plc [2014] and you can read our analysis here....
recent decision in the Technology and Construction Court has prompted the industry to once again reflect on the well-documented cases of ISG v Seevic and Harding v Paice, from which the phrase “Smash & Grab” was born. ...
Very soon a Norwegian court will hear a case based on environmental concerns against the issue of oil exploration licences. The case is helpfully reported in The Economist (Nov 4-10th)....
Since the Supreme Court’s decision on 26 July 2017 that the existing scheme of Employment Tribunal fees was unlawful, the future for employment claims has been in a state of flux. In our article in September 2017 ...
We reported on the EAT’s decision in Royal Mail v Jhuti back in the summer. Unhappy with the EAT’s decision, Royal Mail appealed to the Court of Appeal. The Court of Appeal restored some sense by confirming that employees cannot claim they have been automatically dismissed for making a disclosure if the decision-maker was unaware of the protected disclosure(s)....
At the TAG Alliances conference recently held in Quebec City a plenary session on climate change was moderated by Michael Sippitt, Chairman of UK law firm Clarkslegal LLP and of the a Commonwealth Environmental Investment Platform (CEIP)....
Some international students from outside the EEA are allowed to work in the UK, depending on the conditions of their visas. Where they are permitted to work, students can work part time during their studies, full time during vacation periods and any period of time between completing their studies and the expiry of their student visa. Employers wishing to take on such students should be aware of the additional right to work checks required....