Clarkslegal LLP - Solicitors in Reading and London

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Feb
14
2017

Roses are red, violets are blue, if love is in the office air, what should you do?
#Employment

Most of us are likely to be spending Valentine’s Day at work and, although many people will be separated from their partners, those looking for love may not need to look any further than across the office or shop floor. Whilst good working relationships are important for a successful business, it is not uncommon for these relationships to stray beyond the boundaries of a professional working relationship and into the realms of romance....

Feb
13
2017

Conflicts of Interest, Fiduciary Duties and Formula 1 Acquisition
#Corporate

Conflicts of interest issues can arise under a variety of circumstances, even in corporate transactions where parties may have alternative motives to complete the deal. To mitigate the risk of a conflict of interest arising and avoid breaching ethical or fiduciary duties, companies should strive for transparency....

Feb
10
2017

Another blow to the ‘gig economy’ - plumber wins Court of Appeal case
#Employment

Today the Court of Appeal has handed down its decision in a case brought by plumber Gary Smith against Pimlico Plumbers. The Court upheld an earlier Employment Tribunal decision that Mr Smith was a worker and not self-employed....

Feb
10
2017

Free immigration advice for employees?
#Immigration

It’s being reported that Starbucks in the US is offering employees and their families free immigration advice from Ernst & Young following President Trump’s controversial ‘travel ban’. A spokesperson for the coffee chain told the website Buzzfeed that the service is helping staff “navigate through this confusing period”....

Feb
09
2017

Holyoake v Candy- Sweet news for data controllers dealing with SARs
#Employment

In a notable judgement, the High Court refused an application to order compliance with a subject access request (SAR) on the basis that searches had been reasonable and proportionate and legal professional privilege was properly claimed....

Feb
09
2017

Trade union rep potentially fairly dismissed for not so picture perfect activities
#Employment

In the case of Metroline RATPDEV Ltd v Morris, the EAT held the Claimant’s activities of storing, using or disseminating confidential information did not amount to ‘trade union activities’ and did not, therefore, attract the protection of automatic unfair dismissal....

Feb
07
2017

In good faith? Refusal of holiday for employee wanting to attend religious festivals was not discrimination
#Employment

It is accepted that attendance at religious festivals can constitute a manifestation of religious belief giving rise to indirect discrimination claims, however, the EAT in Gareddu v London Underground Ltd held that the employee’s request must be genuine....

Feb
07
2017

Room for one more? The new ACE Professional Services Agreement 2017
#Construction

The recent wave of updated industry standard contracts may seem hard to keep up with at times, but we continue to post regular updates ...

Feb
06
2017

Gross negligence can constitute gross misconduct
#Employment

Clarkslegal - Specialist employment law solicitors, Reading, London and throughout the Thames Valley...

Feb
06
2017
Feb
02
2017

Brexit White Paper – what the Government says about immigration
#Immigration #Employment

Government's Brexit white paper lays out 12 principles...

Feb
02
2017

Stronger workplace protection for new and expectant mothers on the horizon?
#Employment

Clarkslegal specialist employment lawyers in London, Reading and throughout the Thames Valley...

Feb
02
2017

Government publishes guidance on apprenticeship funding
#Employment

We reported last year (Apprenticeship levy update) on the government’s plans to introduce an apprenticeship levy of 0.5% for all employers with a total annual payroll bill in excess of £3m. The start date for the new scheme, (6 April 2017), is almost upon us which has prompted the government to publish guidance on how the levy will actually work in practice. ...

Feb
02
2017

Redundancy shortly after TUPE was for an ETO reason
#Employment

In Davies v Droylsden Academy, the claimant was a lettings manager at a company which provided property services to Droylsden Academy. ...

Feb
01
2017

Forgiven Not Forgotten? Fair dismissal despite employer’s reliance on expired warning
#Employment

In Stratford v Auto Trail VR Ltd the EAT found a dismissal to be fair despite the employer’s reliance on earlier expired warnings....

Jan
31
2017

Can directors be disqualified for employing illegal workers?
#Immigration #Employment

The Immigration, Asylum & Nationality Act 2006 (“IANA 2006”), makes employers responsible for preventing illegal working in the UK. Section 35 of the Immigration Act 2016 allows the Home Office to commence criminal proceedings against employers who know or have reasonable cause to believe that they are employing someone illegally....

Jan
30
2017

Rostering is part of statutory negotiations with a trade union
#Employment

Recognition of Trade unions in the workplace ...

Jan
27
2017

Overseas Domestic Worker visa – a route which tolerates abuse and slavery?
#Immigration #Employment

Migrant domestic workers are vulnerable to trafficking, exploitation, and abuse. ...

Jan
26
2017

Construction in 2017 (Part 2): Looking Ahead
#Construction

January is almost behind us and has certainly provided its fair share of interesting developments. Having recently published an article on what key themes we expect to see in 2017, we now highlight some of the significant developments to keep an eye out for over the remaining 11 months....

Jan
25
2017

Is VAT Payable on the Surrender of a Lease or the Exercise of a Break Clause?
#Commercial Real Estate

On the surrender of a Lease, it is always necessary to consider whether any VAT will be payable on any payment made by either the Landlord or the Tenant....

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