Clarkslegal LLP - Solicitors in Reading and London

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Jul
17
2019

Disability discrimination: No constructive knowledge where claimant had suppressed information
#Employment

The Claimant was dismissed by the Respondent due to poor attendance. This poor attendance arose as a consequence of the Claimant’s disabilities. ...

Jul
16
2019

AI and Data Protection - Is Fair and Transparent Privacy Possible?
#Information Technology #Data Protection

We live in a digital world. Every facet of daily life is governed to some degree by phone, web or some form of connected technology. There is no question that advances in technology improves communication. The rate of information exchange now as compared to 10 years ago is staggering. Artificial Intelligence or AI and machine learning are revolutionising the way in which we interact with each other and conduct business, But are these advances compatible with the principles of fairness and transparency under the General Data Protection Regulations (GDPR)?...

Jul
16
2019

Use of e-gates at the UK border increases by 1 million
#Immigration

The Government has revealed that more than one million passengers from seven additional countries have used e-gates to enter the country. ...

Jul
15
2019

Transferring employees to the UK: The Tier 2 ICT visa
#Immigration

The Tier 2 (Intra Company Transfer) is designed for global companies and finds its equivalent in the immigration rules of various other countries. The route allows the quick transfer of key employees, often to plug an important gap in resources for a limited period....

Jul
12
2019

September Climate Strike: How to respond to striking staff
#Employment

Climate crisis protesters are urging the UK workforce to follow their student counterparts and take part in a worldwide strike, starting on 20 September 2019. ...

Jul
12
2019

An employee who posted racially offensive imagery on Facebook was not regarded as having acted in the course of his employment
#Employment

Employers can be held legally responsible for acts of discrimination and harassment carried out by their employees, provided that the conduct took place in the course of their employment. ...

Jul
11
2019

Employee Ownership Trusts
#Complex Contracts

Do you want to realise the value in your business, but concerned about the time and cost issues surrounding finding a buyer, talking to competitors and engaging in lengthy due diligence? Employee Ownership Trusts may just be the answer!...

Jul
11
2019

Covertly recording a meeting can amount to misconduct
#Employment

The claimant was a financial accountant for a charity called Phoenix House. She claimed that she was being improperly treated by her company during a large restructuring....

Jul
11
2019

Applying for a visit visa to come to the UK: FAQs
#Immigration

The UK immigration system divides visitors to the UK in two categories, those requiring a visa prior to their departure (known as visa-nationals) and those who do not need a visa (non-visa nationals). The visit visa process for visa nationals can often be a tedious process and if not done correctly, it can lead to a refusal....

Jul
10
2019

Posted Workers and the Van Der Elst provision
#Immigration #Setting up in the UK

The Posted Workers directive or the Van Der Elst provisions have been an important mechanism for EU-based companies in posting employees to provide services across Europe. These provisions despite their importance are not widely known, and with Brexit looming, they may not be available for long....

Jul
10
2019

GDPR Enforcement Breaking News: ICO issues second intent to fine in two days
#Data Protection #Corporate #Commercial

Just one day after the ICO delivered a notice of intent to fine British Airways £183 million for alleged personal data breaches, it has delivered another, this time to global hotel group, the Marriott International....

Jul
10
2019

The Cheese Bar to open Pick & Cheese, the UK’s first cheese conveyor belt restaurant with the help of the Clarkslegal Food and Restaurants Team
#Food and Restaurants #Real Estate #Clarkslegal

Pick & Cheese will launch next month in Covent Garden and offer more than 25 different cheeses to guests at the new KERB street food market in Seven Dials....

Jul
10
2019

GDPR Enforcement: ICO intent to fine British Airways
#Data Protection #Commercial #Corporate

The Information Commissioner’s Office has issued a notice of intent to fine British Airways under the new Data Protection Act 2018 (DPA)....

Jul
08
2019

Taking and enforcement of charges over shares in English companies
#Corporate #Commercial

Charges over shares of companies incorporated under English law are not uncommon, often as part of a group banking facility, where subsidiary company shares are charged by the borrowing parent company in favour of the lender....

Jul
08
2019

Rights to remain at term end: TFS v BMG (Ashford) Ltd
#Real Estate #Commercial

The default position for a tenant occupying commercial premises is that when the contractual term expires, the tenant has a statutory right to a new lease even if the landlord is unwilling to grant a new lease on a voluntary basis. ...

Jul
05
2019

Restriction against holding any ‘interest in’ a competing business was too wide but could be severed
#Employment

In Tillman v Egon Zehnder Ltd, the Supreme Court held that a restrictive covenant which prevented a business executive from being directly or indirectly engaged, concerned or interested in any competing business for six months after the termination of her employment was too wide to be enforceable. However, it was possible to remove the wider wording from the clause to leave a narrower, and enforceable, restriction. ...

Jul
05
2019

Christian Claimant dismissed because of the way he expressed his beliefs and not the beliefs themselves
#Employment

In the recent EAT judgement in Page v NHS Trust Development, the Claimant’s appeal was dismissed finding that the Trust had not discriminated when removing the Claimant from office. ...

Jul
05
2019

Direct discrimination based on perceived disability upheld by Court of Appeal
#Employment

In the first perceived disability case to be heard by the Court of Appeal, the court has upheld the decision that a police officer with marginal hearing loss suffered direct discrimination when she was turned down for a transfer to the Norfolk Constabulary....

Jul
05
2019

Depression does not affect exclusively one part of cognitive functioning
#Employment

In the recent case of Mr D Wilkinson v Emovis Operations Leeds Ltd: 1809825/2018, the Employment Tribunal did not accept that depression impacts only one part of an individual’s cognitive functioning. ...

Jul
04
2019

How is technology affecting construction disputes?
#Information Technology #Construction

Technology is affecting the way claims are made and dealt with in many different ways. It is making it easier not only to find out relevant information but also to present it to those who need it, whether that be lawyers, experts, commercial decision makers, or adjudicators/judges....

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