Clarkslegal LLP - Solicitors in Reading and London

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Sep
03
2015

Visit India on an e-visa - welcome news for Britons travelling to India for business or pleasure
#Immigration #Employment

As of last month, UK passport holders wishing to visit India can apply online for an “e-Tourist visa”. Applications can be made online through the Government of India’s website, which enables applicants to upload documents, pay the fee of $60 (£39) and track their application. Once an application is submitted, visa entry documents should arrive by email within 4 days....

Sep
02
2015

Support us in the Reading Legal Walk!
#Clarkslegal

On Monday 21st September, Clarkslegal will be participating in the #ReadingLegalWalk to raise funds for advice agencies in Reading and the Thames Valley....

Aug
28
2015

Criminal record checks for Tier 1 and Tier 2 migrants
#Immigration

The government is introducing a new requirement for criminal record certificates to be provided as part of the visa application process....

Aug
28
2015

‘Right to be forgotten' enforced against Google
#Employment

The UK’s data protection authority - the Information Commissioner’s Office (ICO) - has issued Google with an enforcement notice requiring it to remove links to certain news stories....

Aug
28
2015

Does the six year limitation period for breach of contract apply in tribunals?
#Employment

Under the Employment Tribunals Extension of Jurisdiction Order 1994 (“the Order”) an employment tribunal may hear a breach of contract claim from an employee if it is one that ‘a court in England and Wales would under the law for the time being in force have jurisdiction to hear and determine’ and it arises or is outstanding on termination of the employee’s employment. ...

Aug
28
2015

Considerations for employers in the lead up to the Rugby World Cup
#Employment

The Rugby World Cup 2015 is being hosted by England and takes place between 18th September and 31stOctober 2015....

Aug
24
2015

Controlling Abusive Behaviour by Ex-Employees
#Dispute Resolution

The growth of the internet and the readily accessibility of platforms for public comment have made it easier than ever for disgruntled or vindictive ex-employees to make disparaging comments about their former employer and colleagues. ...

Aug
21
2015

Northern Ireland: new approach to lifting the suspension?
#Public Procurement

In a recent decision, the Northern Irish High Court has lifted the automatic suspension in a procurement challenge brought by Allpay against the Northern Ireland Housing Executive. This is interesting because in recent years the Northern Irish courts have appeared to adopt a more contractor-friendly approach to applications to lift the suspension, unlike the English courts where upholding the suspension is rare. However, the facts of the particular decision go some way to explain why the court decided against the contractor in this instance....

Aug
21
2015

Employee entitled to companion from an external organisation at disciplinary investigation
#Employment

In the recent case of Stevens v University of Birmingham, the High Court has held that the University of Birmingham breached the implied term of trust and confidence by not allowing one of its Professors to be accompanied to a disciplinary investigation meeting by a companion of his choice (Stevens v University of Birmingham [2015] EWHC 2300)....

Aug
21
2015

High Court refuses to order compliance with data access request where search is unreasonable and disproportionate
#Employment

Under the Data Protection Act 1998 (DPA) an individual can make a request to an organisation to find out what personal data it holds on them (often referred to as a subject access request)....

Aug
17
2015

What is the Gender Pay Gap and how do we measure it?
#Employment

The Government is committed to ensuring that every person realises their full potential and considers that gender equality will help achieve this. The consultation came as a surprise as it was not expected that a Conservative government would pursue gender equality as a priority. However, on reading the consultation and the background research undertaken by the Women’s Business Council, it becomes clear that the economic benefits of increasing the engagement of women at work are the driving force of the Government’s strategy in this area....

Aug
17
2015

Drive-through supermarkets – convenience gone mad?
#Real Estate

It was recently announced that Amazon are proposing to test a new drive-through grocery store concept in the USA. The venture would possibly be an extension of Amazon Fresh which delivers groceries to restaurants and individuals on a same day order to door basis. ...

Aug
14
2015

Defamation under a pseudonym
#Dispute Resolution #Crisis Management #Education

The long running case of Tardios & St John’s Preparatory and Senior School –v- Pammela Linton (aka Patricia Carpenter) raised a number of interesting issues both from an education and defamation perspective. ...

Aug
14
2015

Fair dismissal following historic derogatory comments on Facebook
#Employment

Employees should by now be aware of the dangers of venting their frustrations with employers on Facebook. Recent cases have demonstrated that derogatory comments can lead to fair dismissals even where the comments were made years ago or where a deliberate search was undertaken by the employer to find further comments....

Aug
14
2015

Government considering devolving Sunday trading rules to local authorities
#Employment

The government has opened a consultation on whether it should devolve Sunday trading rules to local areas, such as cities run by elected mayors and/or local authorities. This would give them greater control of their local economy and could mean significant disparities in Sunday trading rules affecting employees across different parts of the country....

Aug
14
2015

Immigration crack down in construction, care and cleaning sectors as first modern slavery claims made
#Immigration #Inward Investment #Outsourcing & Supply Chain #Supply Chain Governance

Six Lithuanians are suing Kent-based gangmaster operation DJ Houghton Catching Services in the High Court, for whom it is alleged that they were trafficked from Lithuania to work, in the first ever case of a UK firm being taken to court for modern slavery-related claims. ...

Aug
11
2015

Warranties, Representations and Indemnities
#Commercial

You may well see references to a party “warranting” something, or “indemnifying” another party in relation to something or perhaps not making a “representation” about something in commercial agreements, such as for the sale of goods and services, businesses or shares....

Aug
07
2015

Supply chain reporting: many more companies will be caught as turnover threshold for compliance reduced to £36m
#Employment

Following consultation, the government has decided not to limit the new reporting requirements of the Modern Slavery Act affecting supply chains just to very big companies. Speaking on his tour of south east Asia, prime minister David Cameron has now confirmed: “From October we will also require all businesses with a £36 million turnover or above to disclose what they are doing to ensure their business and supply chains are slavery free. He went on to say...

Aug
07
2015

Permanent employees can be redeployed to replace agency staff
#Employment

The EAT has upheld a tribunal's decision that the scope of regulation 13, Agency Workers Regulations 2010 is limited to providing agency workers with a right to be informed of vacancies within the end user company. It rejected the claim that agency workers were entitled to be afforded equal status with comparable permanent employees in being considered for a vacancy....

Aug
07
2015

Government proposes £95,000 cap on public sector exit payments
#Employment

The government has issued a consultation document on proposals to introduce a cap of £95,000 on the total value of exit payments made to public sector employees. Any waiver of the cap would require consent from the relevant Minister, or from the full council in the case of local government exit payments. The consultation closes on 27 August 2015....

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