Clarkslegal LLP - Solicitors in Reading and London

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Mar
12
2014

Maintaining legal privilege over your documents
#Dispute Resolution

It is a fundamental principle of the English legal system that certain documents recording legal advice or prepared for the purpose of anticipated legal proceedings are inadmissible as evidence in Court proceedings. Such communications are protected by what is known as legal privilege...

Mar
11
2014

Clarkslegal closes corporate deals for Chatterbox Labs and Lion Apparel
#Corporate

Clarkslegal`s corporate team, headed by partner Ashan Arif, recently advised London-based language processing technologies company, Chatterbox Labs, on a restructuring of its shares....

Mar
10
2014

Knightsbridge sets the standard
#Construction

The recent High Court case of 199 Knightsbridge Development Ltd v WSP UK Ltd deals with the standard of care owed by professionals...

Mar
07
2014

Abolition of statutory discrimination questionnaires from 6 April 2014
#Employment

The Order that abolishes the Equality Act`s statutory discrimination questionnaires has now been published. This will mean that individuals won`t be able to obtain information from their employers using the prescribed questionnaire procedure where the discriminatory acts complained of take place on or after 6 April 2014. The procedure can still be used for acts occurring before this date though....

Mar
07
2014

ACAS early conciliation mandatory from 5 May 2014
#Employment

ACAS early conciliation for tribunal claims comes into force on 6 April 2014. It will be mandatory from 6 May 2014, meaning that from that date, all employment tribunal claims, with very few exceptions, must first go through ACAS conciliation before the claim can proceed. Transitional provisions cover the period between 6 April and 5 May 2014 during which the new early conciliation procedure will be available to prospective claimants, although not mandatory.The prohibition on issuing proceedings without an early conciliation certificate may apply if a prospective claimant commences early conciliation in the period beginning 6 April 2014 and ending on 5 May 2014, and presents a tribunal claim on or before 5 May 2014....

Feb
28
2014

Buddy update - flexible working
#Employment

We recently reported that the new changes surrounding an employee`s right to request flexible working arrangements had been delayed. The new rules were due to come into force on 6 April 2014, however, the government has since announced a new implementation date of 30 June 2014....

Feb
28
2014

Failure to make reasonable adjustments was a continuing act
#Employment

In the recent case of Secretary of State for Work and Pensions (Jobcentre Plus) v Jamil and others the EAT held that an employer`s failure to make reasonable adjustments was a continuing act and not a one-off omission meaning that the three month time limit to bring a claim did not start running from the date of the initial failure. Under the Equality Act 2010, if a disabled person is put at a s...

Feb
28
2014

A person`s name is personal data
#Employment

An individual (data subject) has the right to access personal data about them from anyone who may hold this (data controller) and can write to the data controller to request sight of this data.  This can be done as a data subject access request or, where the request is made of a public authority, a freedom of information request.  Personal data is defined as data which relates to a living indivi...

Feb
27
2014

New tribunal award limits set to increase from 6 April 2014
#Employment

The limits on employment tribunal awards and other amounts payable will increase on 6 April 2014. See our updated HR Facts & Figures. In cases involving dismissal, the new limits will apply where the effective date of termination falls on or after 6 April 2014....

Feb
25
2014

Illegal worker succeeds in sexual harassment claim against employer
#Immigration #Inward Investment

In the case of Wijesundera v Heathrow 3PL Logistics Ltd the EAT held that a Sri Lankan national who was working without a work permit was able to bring a claim of sexual harassment. On applying for work with the Respondent, the employee informed them that she required a visa to lawfully work in the UK. In the months before she started work she visited the Respondent`s offices to discuss work and...

Feb
25
2014

Flooding and Property Insurance
#Real Estate

The ongoing floods, following the wettest winter on record, have affected almost everyone in some way and have dominated the headlines over the past few weeks. This crisis has come against the backdrop of an already challenging situation with regard to insurance for properties in areas liable to flood....

Feb
21
2014

ACAS early conciliation: comes in from 6 April 2014 and is mandatory from 6 May 2014
#Employment

The ACAS early conciliation (EC) procedures for tribunal claims will come into force on 6 April 2014. Transitional provisions cover the period between 6 April and 5 May 2014 during which EC will be available to prospective claimants. EC will be mandatory for claims presented on or after 6 May 2014. Other points to notes are that following some changes to the draft rules, as an alternative to su...

Feb
21
2014

Update on union sweetheart deals and breach of European Law
#Employment

On 31st January 2013 we reported on a recent High Court case in which it was held that recognition agreements with ‘sweetheart unions` which effectively ‘block` statutory recognition from being sought are in breach of Article 11 of the European Convention of Human Rights. The High Court withheld its final order in this case and gave the union involved - the Pharmacists` Defence Association Union...

Feb
21
2014

Over 1 in 3 working fathers offered no flexibility by their employers
#Employment

According to a survey by My Family Care, reported by the BBC today: 22% of men questioned wish they had looked after their children rather than returning to work (approximately the same for women) Over 33% told researchers that they worked full-time and were offered no flexibility at all by their employers The survey was commissioned to help launch the Work and Family Show, which begins in...

Feb
21
2014

Dismissal fair despite employer`s failure to follow independent panel`s decision on appeal
#Employment

The EAT has found that an employer who had dismissed an employee for gross misconduct was not required to follow the decision of an independent panel, who had heard the employee`s appeal and which overturned the employer`s decision to dismiss. The fact that the employer did not implement the panel`s decision did not render the dismissal unfair. Importantly, the tribunal had found that the empl...

Feb
14
2014

Is an end user liable for act an of discrimination committed by a subcontractor?
#Employment

Unlawful acts (other than criminal offences) committed by employees in the course of their employment are treated as also having been done by their employer for discrimination law purposes. An employer may therefore be vicariously liable for an employee`s act of race discrimination, whether or not it was done with the employer`s knowledge or approval. But what about contract workers? The Court o...

Feb
14
2014

Tribunal fees: UNISON legal challenge fails but fees may be recovered from respondents.
#Employment

UNISON`s attempt to challenge to the introduction of fees in the employment tribunals and EAT by way of judicial review in the High Court has failed. The High Court found that the fundamental difficulty with the case was that it had been brought prematurely and that, as a result, the robust evidence needed to persuade it to overturn the fees regime had been absent. However, the Court made it clea...

Feb
14
2014

Controversy over student visas and fraudulent English test providers
#Immigration

UK immigration continues to be a controversial issue. The BBC`s Panorama programme has recently highlighted alleged abuses of the student visa system, including cheating in English tests and falsifying documents in order to provide illegal entry to the UK. Footage shows "fake sitters" with perfect English taking speaking and listening exams in the place of candidates, as well as the invigilator r...

Feb
11
2014

Why Step-In to a Construction Contract?
#Construction

If you are funding a development, or your development is being funded by others, you will, most likely, have come across the phrase "step-in rights". What are step-in rights and why do development funders want them?...

Feb
07
2014

The holiday pay time bomb? Help the CBI to lobby the Government
#Employment

In view of some recent cases involving UK employers and interpretation of the EC Working Time Directive, particularly in the European Court of Justice (ECJ), employers may be significantly underpaying holiday pay. The Directive regulates not just working hours and holiday entitlement. It also regulates, according to the ECJ, the calculation of holiday pay, even though the Directive does not spell that out....

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