Clarkslegal LLP - Solicitors in Reading and London

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Oct
30
2019

Covert recording of employees: No breach of human rights
#Employment

In López Ribalda and others v Spain, the Grand Chamber of the European Court of Human Rights (ECtHR) has held that it was not a breach of Article 6 (right to a fair trial) or Article 8 (right to respect for a private life) of the European Convention on Human Rights, to covertly record employees as part of an investigation into suspected theft and for the recording to be used at trial....

Oct
30
2019

How to apply for Judicial Review
#Immigration #Judicial Review

Judicial Review is an important remedy and is used to challenged decisions made by public bodies, or those made on their behalf. In immigration cases, it can be used to challenge decisions which do not provide a statutory right of appeal....

Oct
29
2019

Let’s break it down: Euro Temporary Leave to Remain (Euro TLR)
#Immigration

The government released its Statement of Changes to the Immigration Rules on 24 October 2019 and finally shed some light on the ambiguous Euro Temporary Leave to Remain (Euro TLR). The following are key features of the new Scheme:...

Oct
25
2019

Briefing paper on UK’s future immigration system published
#Immigration

The House of Common’s library has published a briefing on UK’s future immigration system. The paper gives an overview of why the immigration system is changing, and what changes to expect. ...

Oct
25
2019

Belief in sanctity of copyright not a philosophical belief
#Employment

In the recent case of Gray v Mulberry Company (Design) Ltd, the Court of Appeal has dismissed an employee's claim that her belief in "the statutory human or moral right to own the copyright and moral rights of her own creative works and output” was a philosophical belief under the Equality Act 2010. ...

Oct
24
2019

Challenge against Immigration exemption to GDPR fails
#Immigration

The High Court in the case of R (Open Rights Group & the 3 million) v Secretary of State for the Home Department [2019] EWHC 2562 (Admin) has dismissed a challenge against the Immigration exemption to data protection rights in the General Data Protection Regulations (‘GDPR’)...

Oct
24
2019

And a vindaloo visa please…
#Immigration

Priti Patel had recently announced the introduction of the ‘vindaloo visa’, which came into effect on 6 October 2019. But what exactly is this visa? ...

Oct
24
2019

Christian doctor dismissed for refusal to use preferred pronouns for transgender individuals loses in the Employment Tribunal
#Employment #Discrimination

In the case of Mackereth v The Department for Work and Pensions and another, the Claimant was a doctor who refused to use transgender individuals’ preferred pronouns and titles as he claimed it went against his Christian beliefs. ...

Oct
23
2019

Applying for naturalisation? Be wary of this important requirement!
#Immigration

Naturalisation is the process of becoming a British citizen for adults. This process has various requirements which include a minimum period of previous residence, knowledge of life and language in the UK among others....

Oct
22
2019

The EU Exit: ID Document Check is now available for iOS
#Immigration

The EU Exit: ID Document Check is an app by the Home Office which is used to verify the identity of anyone applying under the EU Settlement Scheme. The app provides a quick way of applying under the scheme, without the need to send your physical documents to the Home Office for verification. ...

Oct
18
2019

New Guidance on the use of Confidentiality Agreements
#Employment

NDAs have long been a popular subject in the media. Seeking to clarify its position on their use in employment matters, the Equality and Human Rights Commission has issued new guidance. ...

Oct
18
2019

Judges entitled to whistleblower protection
#Employment #whistleblowing

The Supreme Court has ruled on the Gilham v Ministry of Justice case and held that while judges could not be classed as workers, it would be a violation of their human rights to exclude them from whistleblowing protections. ...

Oct
16
2019

EU Settlement Scheme Family Permit: What comes next?
#Immigration

Many non-EU family members are under the false impression that once they have been granted a Family Permit, they have indefinite leave to remain in the UK. This is definitely not the case....

Oct
15
2019

More details emerge on the Graduate Immigration Route
#Immigration

We previously covered the possible return of the Post-Study Work (PSW) Visa. We now understand that the revamped version will be known as the Graduate Immigration Route, and the government has provided further details of this new visa....

Oct
14
2019

Clarkslegal features strongly in Chambers and Partners 2019-2020
#Clarkslegal #Construction #Employment #Real Estate #Litigation

Clarkslegal is pleased to announce that Chambers and Partners has recognised the firm for the following practice areas; Construction, Employment, Litigation and Real Estate....

Oct
11
2019

What is the difference between Permanent Residence and settled status?
#Immigration

Brexit. A term that is currently riddled with uncertainty. There are many questions about the difference between Permanent Residence (PR) and Settled status in a post-Brexit Britain. Therefore, this article will seek to answer some of those questions. ...

Oct
11
2019

Little white lies: not giving the true reasons for dismissal pointed to discrimination
#Employment

This week, in Base Childrenswear v Otshudi, the Court of Appeal confirmed that not being honest about the reason for dismissal can show that the employer has a discrimination case to answer. ...

Oct
11
2019

Striking a Balance – Activism and the Workplace
#Employment

In the wake of September’s Global Climate Strike, protests previously confined to the personal sphere are now spilling over onto the streets and taking place during the working day. ...

Oct
11
2019

IR35: control comes at a £920,000 cost
#Employment

As the April 2020 IR35 changes loom ever larger, there is a lot of attention on challenges under the current system to the tax arrangements of consultants providing work through their own personal service companies. ...

Oct
10
2019

Rethinking workplace wellbeing in times of uncertainty
#Clarkslegal #Press #Employment

Every year an estimated 17 million work days are lost to stress, anxiety and depression. Clarkslegal's Monica Atwal highlights ways in which employers can raise their game to help....

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