Clarkslegal LLP - Solicitors in Reading and London

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Oct
06
2016

Elected Union Officials were agents under the Equality Act
#Employment

The Employment Appeal Tribunal has decided that two elected workplace union officials, despite not being the union’s employees, were its agents and therefore the union could be held liable for their acts of discrimination against an employee....

Oct
06
2016

Is the ‘gig’ up for Britain’s self-employed delivery workers?
#Employment

Long gone are the days when the postman delivered every parcel. Nowadays, we don’t bat an eyelid when the person knocking at the door is a courier in an unfamiliar uniform. But while it might not make much of a difference to customers, opening up the delivery market has an impact on workers....

Sep
30
2016

Directors duties and Pyrrhic victories – what are the ingredients for a successful claim?
#Dispute Resolution #Directors Duties

The defection of directors to a competing company is often a matter of concern for their former employer. ...

Sep
30
2016

Whistleblowing detriment claims
#Employment

In the recent case of McTigue v University Hospital Bristol NHS Foundation Trust the EAT clarified that agency workers can bring detriment claims against end users provided the end user (on its own or in conjunction with the agency) has substantially determined the terms of the worker’s engagement....

Sep
30
2016

To award costs or not to award costs?
#Employment

It used to be the case that recovering costs within the employment tribunal was an exception rather than the rule, and whilst the threshold for recovering costs still remain high, it seems that there has been somewhat of a shift....

Sep
30
2016

Attention: Changes to the National Minimum Wage
#Employment

Compliance with the National Minimum Wage is a legal obligation, make sure you are in the know and don’t fall foul of the law. ...

Sep
30
2016

Apprenticeship levy update
#Employment

In November last year we reported on the government’s plans to reform apprenticeships and introduce a levy of 0.5% for employers with a total payroll bill in excess of £3m. Those plans have now come into fruition with confirmation that the levy will be in force in April 2017, (silencing rumours that the implementation date would be delayed)....

Sep
29
2016

The Battle of the Forms Continues
#Commercial #Information Technology

Those involved in ordering goods and services or putting contracts together will know that, unless individually negotiated, it can sometimes be difficult to know whose terms are incorporated into the final contract. The circumstances giving rise to this are frequently referred to as the Battle of the Forms. ...

Sep
23
2016

No appeal rights for Extended Family Members of EEA Nationals
#Immigration #Inward Investment

In the case of Sala (EFMs: Right of Appeal) [2016] UKUT 411 (IAC) the Upper Tribunal has held that there is no right of right of appeal against the Home Office’s decision not to grant a Residence Card to the Extended Family Member (“EFM”) of an EEA national. ...

Sep
23
2016

Business Immigration Update: Changes to Tier 2 Intra-Company Transfer (ICT) Route
#Immigration #Inward Investment #Employment

Following the Migration Advisory Committee (MAC)’s review of the Tier 2 visa route this January, the Home Office announced significant reform to the Tier 2 (Intra-Company Transfer) visa category....

Sep
23
2016

Applicant X – avoiding bias and discrimination in recruitment
#Employment

Most UK employers are well aware that the law protects job applicants from unlawful discrimination - for example because of their sex, race or age. ...

Sep
16
2016

Failing to comply with a subject access request may impact the fairness of a dismissal
#Employment

In the recent employment tribunal case of McWilliams v Citibank, the Claimant had been suspended following allegations that she had breached client confidentiality. The Claimant subsequently submitted an extensive subject access request (SAR) to her employer in respect of her disciplinary proceedings, which was refused on the grounds of proportionality. The SAR’s scope was consequently reduced but was again refused....

Sep
16
2016

Council and their contractor sued over alleged national minimum wage breach
#Employment

In the news this week it was announced that seventeen homeworkers are to sue both Sevacare and Haringey Borough Council over an alleged failure to pay national minimum wage....

Sep
13
2016

The personal guarantee dilemma: Should a director succumb to a personal guarantee?
#Directors' Duties #Construction

There are two fundamental principles in company law. First, every company has its own legal personality, meaning that it has its own legal identity, which is not the same as the identities of its shareholders and directors. Secondly, in the case of limited companies, which make up the vast majority of companies in England, the liability of shareholders is limited: shareholders are liable to pay for their shares, but they are not liable for the company's debts....

Sep
13
2016

Cracking down on corporate crime
#Directors' Duties #Dispute Resolution

The government has announced its latest policy to combat so-called boardroom excess. ...

Sep
09
2016

Right to work checks – do you have a statutory excuse?
#Immigration #Inward Investment #Employment

All employers regardless of whether they hold a Sponsor Licence or not, are expected to carry out prescribed document checks on all employees before they start work. Provided that an employer has carried out the appropriate checks, it will have a statutory excuse against liability for a civil penalty if it later comes to light that any worker has been working illegally in the UK....

Sep
09
2016

“Systematic Failings” on Data Protection leads to a £15,000 fine
#Employment

Following on from the case reported last month on data protection (”Failing to anonymise – the cost”), a nursing home in Northern Ireland has received a fine of £15,000 from the Information Commissioner’s Office (“ICO”), following the burglary of the home of one of its staff members....

Sep
09
2016

No TUPE where activities provided for own commercial gain and not for the client
#Employment

The EAT has held that TUPE does not apply where a new provider ceases to carry out services “on the client’s behalf.”...

Sep
09
2016

Directors’ duties and dilemmas in real estate
#Directors' Duties #Real Estate

From a director of a property management company to a real estate director with a developer, all in such a position will routinely grapple with dilemmas such as reconciling conflicts of interests, managing shareholders expectations, choosing between business strategies, or trying to rein in an overbearing CEO....

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