In Ali v Torrosian and others (t/a Bedford Hill Family Practice) the EAT confirmed that when determining a claim for unfavourable treatment arising in consequence of a disability, Tribunals must consider whether the employer’s pursued legitimate aim could be achieved by less discriminatory means. Discrimination arising from disability (“unfavourable treatment”) was a new ground of claim created under the Equality Act 2010. ...
We are often asked by landowner clients whether there is any legal right to go on to a neighbour’s land to carry out repair and maintenance works where it is not possible to carry out such works from the landowner’s own property and there is no legal right in place allowing access to the neighbour’s land. If the Party Walls legislation does not apply to the site in question, the Access to Neighbouring Land Act 1992 (“the Act”) may be of assistance. ...
EU Directive Security of Networks & Information Systems (NIS) was a response from the EU to concerns about cyber security impacts on key infrastructure within the EU and the impacts that this would have on its citizens....
The Introduction of GDPR and the new Data Protection Act 2018 has already been the subject of many an article and discussion....
Immigration rules are to be relaxed by the Home Office today with the introduction of a new ‘UKRI Science, Research and Academia’ scheme which allows non-EEA researchers, scientists and academics to come to the UK for up to 2 years. The new scheme will be added to the Tier 5 (Temporary Worker – Government Authorised Exchange) visa route. ...
The NHS turned 70 yesterday. During that time, there have been huge scientific breakthroughs including the discovery of DNA structure, huge advances in transplant surgical techniques and the development of IVF – to name just a few!...
As we have previously blogged, if an employee fails to produce evidence of his right to work in the UK, it will not necessarily be fair for an employer to dismiss on the basis that it would be illegal to continue to employ the employee. However, dismissal in these circumstances can still be fair if the employer has a reasonable and genuinely held belief that it would be illegal to continue to employ them and has followed a fair process....
If an employee is dismissed for gross misconduct just short of 2 years service, s/he cannot add on statutory minimum notice so as to qualify to bring an unfair dismissal claim, found the Employment Appeal Tribunal (EAT) in Lancaster & Duke Limited v Wileman....
We took another step forward yesterday in the move towards driverless transport. ...
In case you missed our seminar on 20 June 2018 in Reading with BESA (The Building Engineering Services Association), here is our summary of what was said, and the key take-away points from the event. ...
We are pleased about the completion of the first project funded by the Bangladesh UK Environmental Foundation (an initiative connected with Clarkslegal, via the Commonwealth Environmental Investment Platform – The CEIP), which we helped to set up with Bangladeshi diaspora community links in the UK. This is the installation of a water treatment plant, which allows 150 families to collect safe drinking water. It is anticipated that 300-400 families will benefit from this service in the future....
Hannah Mycock-Overell explains how good record-keeping practices will help if disputes later arise...
It will not have escaped organisations’ attention that data protection laws have undergone significant reforms lately. The GDPR came into force on 25 May 2018, however we also have a new Data Protection Act 2018 (DPA 2018) which is now in force, thanks to some last-minute prompt progress through Parliament....
The proposal for a ‘golden thread’ should be extended to all buildings, argues Hannah Mycock-Overell....
Clarkslegal, led by real estate lawyer Simon Ralphs, advised Chef Emily Roux on all of the property aspects of her new venture Caractère....
In a recent ruling by the Employment Tribunal, Hermes couriers have been deemed to be workers. This is the latest in a long line of decisions about the gig economy, including Pimlico Plumbers, Uber, Citysprint and Deliveroo, in which the general trend has been that those working in the gig economy have been found to have greater rights than the company may have envisaged....
The UK Government has announced changes to the immigration rules that will come into effect on 6 July 2018. Many of the changes are positive and will bring welcome news to those looking to work or invest in the UK. Below is a summary of the main changes....
In Kilraine v London Borough of Wandsworth the Court of Appeal has confirmed that to be protected under whistleblower legislation, disclosures need to be more than mere allegations and have sufficient factual content and specificity of a relevant failure set out in the Employment Rights Act 1996. ...
Losing a tender is never a welcome experience, especially when significant time and money has been expended on preparing your bid. In some cases, there may be good reasons to challenge the outcome legally. But what are the possible outcomes of challenging the award of a public contract? ...
In the UK construction industry, payment is usually made at intervals during a project, often by way of a monthly application by the party seeking payment....