Clarkslegal LLP - Solicitors in Reading and London

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Apr
12
2019

Holiday pay reference period to increase to 52 weeks from April 2020
#Employment

Back in December we blogged on the government’s Good Work Review by Matthew Taylor....

Apr
11
2019

Brexit delayed, again: The EU agrees to extend exit date to 31 October 2019
#Immigration #Inward Investment

The UK has obtained its second extension to extend its exit date to 31 October 2019. This follows the earlier extension which extended the UK’s withdrawal to 12 April 2019 from 29 March 2019. This further extension, however, has various conditions attached to it....

Apr
11
2019

Court of Appeal guidance on Practical Completion
#Construction

The Court of Appeal has provided useful guidance on the meaning of Practical Completion in Mears v Costplan (2019). We wrote about the first instance decision in this case in our previous article available here....

Apr
10
2019

Burberry, Alexander McQueen, Stella McCartney: The Tier 1 Exceptional Talent route is open for fashion
#Immigration #Inward Investment

The Home Office opened the Tier 1 Exceptional Talent route for the fashion industry on 6 July 2018; finally recognising the need for highly skilled and innovative fashion designers as well as appreciating the art of fashion. This was much needed considering the fashion industry brought £32 billion into the UK economy last year and therefore is highly valuable for not only the British culture but also the economy. ...

Apr
10
2019

Top 5 tips when looking for restaurant premises in the UK
#Food and Restaurants #Setting up in the UK #Real Estate #Franchising

Often the hardest part of opening a restaurant in the UK is finding the perfect premises and location for your venture but once you are in then you also need to make it a success. Here are our top 5 tips to help this process run smoothly....

Apr
10
2019

Changing the way we build
#Construction

The construction sector is changing. The Hackitt Report and subsequent “Building A Safer Future” Implementation plan, digitisation, BIM and off-site manufacturing are all influencing methods and approaches to new building....

Apr
09
2019

Landowner & Developer Agreements – Option, Promotion or Hybrid?
#Real Estate

We are often asked by landowners what the best way is to fully realise the development value of their property where there is a possibility of planning permission being granted. What needs to be done to unlock the development potential and then obtain the maximum amount of the uplift in value on the subsequent sale of the property to developers?...

Apr
09
2019

Setting up business in the UK – Key considerations regarding staff
#Setting up in the UK #Employment

When it comes to setting up business in the UK one of the key things you need to think about is who is going to operate that business for you. Your staff are crucial to the successful operation of your business and it’s important to ensure they are properly recruited and engaged and that you have the correct framework and procedures in place to manage your relationship going forward. ...

Apr
09
2019

Are liquidated damages recoverable in the event of termination?
#Construction #Dispute Resolution

In construction projects it is not uncommon for an employer to terminate the contract before the works are completed. In Triple Point Technology Inc v PTT Public Co Ltd [2019] EWCA Civ 230, the Court of Appeal reviewed the law on liquidated damages provisions in relation to delay and considered whether liquidated damages are recoverable in the event of termination. ...

Apr
09
2019

Importance of good corporate governance is the take-home message of Stobart Group V Tinkler
#Directors' Duties #Corporate

Director’s duties are paramount to good corporate governance, as outlined by the go-to definition produced by the Cadbury Committee in 1992: "Corporate governance is the system by which companies are directed and controlled. Boards of directors are responsible for the governance of their companies. The responsibilities of the board include setting the company's strategic aims, providing the leadership to put them into effect, supervising the management of the business and reporting to shareholders on their stewardship.”...

Apr
05
2019

GDPR – A year on
#Data Protection

It is almost a year since one of the largest scale reforms of data protection law has taken place. In the run up to May 2018 employers across the country were frantically preparing vast amounts of new documents in light of the impending implementation of the General Data Protection Regulations (GDPR)....

Apr
05
2019

High Court rejects strike injunction
#Employment

The High Court has refused an application made by Birmingham City Council for an injunction to prevent strike action by Unite and Unison. ...

Apr
05
2019

Recommendation in employer’s policy likely to be a reasonable adjustment
#Employment

In Linsley v Commissioners for Her Majesty's Revenue and Custom, the Employment Appeal Tribunal (EAT) has given guidance on how a Tribunal should approach the issue of reasonableness in cases relating to reasonable adjustments for disabled employees. ...

Apr
02
2019

Legal and property experts call for mandatory Indoor Air Quality (IAQ)
#Construction #Real Estate #Environment #Press

A group of lawyers, property professionals and environmental consultants called for indoor air quality measures to be made legally enforceable during a roundtable discussion chaired by the Building Engineering Services Association (BESA)....

Mar
29
2019

The new Innovator Visa & Start-up Visa routes are officially open
#Immigration #Inward Investment

The government announced the closure of the Tier 1 (Entrepreneur) and Tier 1 (Graduate Entrepreneur) routes on 7 March 2019. In their statement of changes to the Immigration Rules, these routes are to be replaced by the Innovator Visa and the Start-Up Visa. ...

Mar
29
2019

Professional Sportsperson redefined
#Immigration #Inward Investment

The new definition of a ‘professional sportsperson’ has caused chaos as it widens the definition of activities which fall within this prohibition. The government announced the amendment to the definition of a ‘professional sportsperson’ on 7 March 2019. ...

Mar
29
2019

Bias, without a non-discriminatory reason, amounted to discrimination
#Employment

Tywyn Primary School v Aplin concerned a gay primary school Head Teacher who had sexual relations with two 17-year-old males he had met on Grindr....

Mar
29
2019

Like for like comparison required when relying on a hypothetical comparator
#Employment

In Sutton Oak Church of England School v Whitaker, the employee was a gay male teacher. He was found in a classroom alone with, and offering sweets to, a male year 5 pupil during a lunchtime break, in breach of guidelines issued to him 13 years prior as part of an earlier disciplinary outcome. He was dismissed....

Mar
28
2019

Can disciplinary proceedings continue alongside a police investigation?
#Employment

In North West Anglia NHS Foundation Trust v Gregg, the Court of Appeal overturned an injunction that had prevented an employer from continuing with disciplinary proceedings pending the outcome of police enquiries....

Mar
22
2019

Suspension will not breach trust and confidence if there is a reasonable and proper cause
#Employment

We previously blogged on the High Court case of Agoreyo v London Borough of Lambeth, in which the High Court held that the suspension of a teacher was a “knee jerk reaction” which breached the implied term of trust and confidence (enabling Ms Agoreyo to resign and claim constructive dismissal)...

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