Clarkslegal LLP - Solicitors in Reading and London

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Feb
19
2016

Sunday trading rules to be devolved to local authorities
#Employment

In August 2015 we blogged on the launch of the Government’s consultation into whether Sunday trading rules should be devolved to local areas in England and Wales. ...

Feb
19
2016

Redundancy was not a dismissal
#Employment

In the recent case of Khan v HGS Global Ltd, the employment contract of an employee who had opted to take redundancy over relocating was found to have terminated by mutual consent and, as such, there had been no dismissal. ...

Feb
18
2016

Immigration changes: NHS surcharge will be payable by Australians and New Zealanders
#Immigration #Inward Investment #Employment

The Government has announced that from 6 April this year Australians and New Zealanders who spend more than 6 months in the UK will need to pay the Immigration Health Surcharge (IHS)....

Feb
17
2016

The Internet of Things v Privacy: what it means for the workplace
#Employment

The rapid development of the internet of things and monitoring technology in the workplace has brought into focus the tension between employees’ right to privacy and employers’ business interests....

Feb
12
2016

Gender Pay Gap Regulations published
#Employment

The government have today published the draft Gender Pay Gap Regulations and consultation. Below is an initial Q and A....

Feb
12
2016

Starbucks lose disability discrimination claim brought by claimant with dyslexia
#Employment

Starbucks have made the headlines having been found to have unlawfully discriminated and victimised an employee with dyslexia in a judgment issued by the Employment Tribunal this week....

Feb
09
2016

Upcoming requirements for PSC's
#Corporate

New laws relating to companies started to arrive in 2015 and will continue to arrive over the course of this year. Some will even have practical implications for your business at ground level, so all ears (or eyes) please......

Feb
05
2016

Is the winding up route a viable solution for non-payment in construction disputes? – Wilson and Sharp Investments Ltd v Harbour View Developments Ltd [2015]
#Construction #Business Recovery & Insolvency

Cash flow is the life blood of every construction company. Failure to manage cash flow could lead to the demise of the company, which makes getting paid quickly by clients crucial. ...

Feb
05
2016

Warehouse worker with difficulty lifting up to 25kg is disabled says EAT
#Employment

Disability is defined as a physical or mental impairment, which has a substantial and long-term adverse effect on someone’s “ability to carry out normal day-to-day activities” (Section 6(1), Equality Act 2010)....

Feb
05
2016

Failure to deal with hostility towards a union member from rival union members was unlawful detriment
#Employment

In the case of Bone v North Essex Partnership NHS Foundation Trust [2016], the Court of Appeal reinstated a tribunal’s decision that an employer’s failure to deal with hostility towards a union member was unlawful detriment. Workers are protected against suffering a detriment by any act, or any deliberate failure to act, by their employer if the act or failure to act takes place for the sole or main purpose of preventing or deterring them from taking part in trade union activities at an appropriate time....

Feb
05
2016

A Flood of Claims
#Commercial Real Estate

Abigail, Desmond, Frank, and Henry and their relatives have already visited our shores. Their North American cousin, Jonas, has been and gone. ...

Jan
29
2016

Injury to feelings compensation taxable as termination payment
#Employment

The Upper Tribunal, that deals with tax appeals, has upheld a decision that a settlement payment for injury to feelings made in connection with a termination of employment was taxable as a termination payment. ...

Jan
29
2016

Dismissal for delay in reporting bribe was fair
#Employment

An employment tribunal has recently held that an immigration officer, who accepted a bribe and then delayed returning the money and reporting it, was fairly dismissed....

Jan
29
2016

Visa applications – the devil is in the detail
#Immigration #Inward Investment #Employment

In the immigration team we help people who are applying for many different kinds of visa – from students to skilled workers, visitors to spouses. But what do all visa applications have in common?...

Jan
22
2016

Age discrimination for the over 50s: taking into account early retirement costs was direct discrimination
#Employment

The EAT has overruled a tribunal’s decision, holding the fact that employees over 50 were entitled to early retirement benefits under the pension scheme (making their severance costs much higher than for employees aged under 50) was not a "relevant circumstance"....

Jan
22
2016

Big changes to Tier 2 recommended in the Migration Advisory Committee's review
#Immigration #Employment

The Migration Advisory Committee (MAC), which advises the government on migration issues, has published areview of Tier 2. ...

Jan
15
2016

Zero hours contracts: further protections now in force
#Employment

This week, regulations 2015 came into effect making any dismissal of an employee on a zero hours contract automatically unfair, if the principal reason for the dismissal is that the employee breached a contractual provision seeking to prohibit him/her from working for another employer. Such provisions are now unlawful. No qualifying period is required to bring such an unfair dismissal claim....

Jan
15
2016

Are personal emails at work private?
#Employment

The European Court of Human Rights’ Judgment in a Romanian employment dispute has been widely reported in the national press as giving the green light to employers to monitor employees’ personal emails and electronic messages on work systems....

Jan
12
2016

More onerous duties imposed on employers who sponsor employees on Tier 2 visas
#Immigration

UK Visas and Immigration (UKVI) have recently made changes to the Tier 2 and 5 sponsor guidance published on its website. UKVI already imposes onerous obligations on employers who sponsor employees who are from outside of the European Economic Area (EEA) on Tier 2 visas. ...

Jan
11
2016

Getting the Skeletons out of the Closet: Disclosure Letters on Sales of Businesses and Companies
#Corporate

The general position for someone buying a business or a company is summed up by that dusty but succinct old phrase, “Caveat Emptor”, which the stern Victorian novelist, Trollope, once described as “the worst proverb that ever came from the dishonest stony-hearted Rome” (he had probably just bought something that didn’t work and found himself without effective comeback, as there was a distinct lack of consumer protection law in the 19th century). There is, essentially, no obligation on the seller to tell the buyer anything, and the buyer thus needs to “beware”....

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