Clarkslegal LLP - Solicitors in Reading and London

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Feb
13
2018

Further Guidance published by the ICO on Demonstrating Compliance with the GDPR
#Data Protection

The ICO have recently published further guidance on the upcoming GDPR and the records organisations (both data controllers and processors) need to keep of their processing activities, and lawful basis for such processing....

Feb
13
2018

Minimum Energy Efficiency Standards (MEES) – A guide for commercial buildings
#Real Estate

From 1 April 2018 the Energy Efficiency (Private Rented property) (England and Wales) Regulations 2015 impose a new legal standard for minimum energy efficiency which will apply to rented commercial buildings. From this date it will be against the law for a landlord to grant a new lease of commercial property with an EPC Rating of F or G. This will also prevent the granting of new subleases and lease renewals....

Feb
13
2018

What does it mean when the Land Registry title to my property says that mines and minerals are excepted?
#Real Estate

In parts of England and Wales it is quite common for the title of a property to contain a reference to the mines and minerals being excluded from the surface owner’s ownership and excepted and or reserved to another party, although it may not be shown who owns them. ...

Feb
09
2018

Whistleblowing: can a worker claim post-termination losses caused by pre-termination detriments?
#Employment

The Claimant in the case of Wilson Solicitors LLP and others v Roberts was a solicitor and member of the LLP. He was also Managing Partner and held several compliance roles. A complaint of bullying was made against one of the Senior Partners and the Claimant was appointed to investigate it. ...

Feb
09
2018

Government response to Taylor Review
#Employment

We reported on Matthew Taylor’s review of modern working practices last year. The Government has now published its full response to that report and has launched four consultations into the following areas:...

Feb
09
2018

Tick tock, have you renewed your CoS?
#Immigration #Inward Investment #Employment

Tier 2 sponsors should have by now received an email from UK Visas & Immigration reminding them that the CoS annual allocation process will soon begin and any unused unrestricted CoS in the SMS will expire on 5 April 2018. Sponsors should start thinking about how many unrestricted CoS they’ll need from 6 April 2018 to 5 April 2019....

Feb
09
2018

Injury to Feelings Payable in Working Time Detriment Claims
#Employment

A worker has the right not to be subjected to a detriment for refusing to comply with a requirement that breaches the Working Time Regulations 1998. ...

Feb
09
2018

A snapshot of the Sex Discrimination Law Review
#Employment

The Fawcett Society recently published its analysis of the efficacy of sex discrimination law in the UK (“the Report”). Whilst acknowledging the efforts made in this area to date, the Report goes on to identify a number of areas in which significant reform is still required. We identify the points likely to be of most interest to employers below. ...

Feb
07
2018

Managing Risk in Construction Projects Seminar – Key Points
#Construction

On 31 January 2018 and 7 February 2018 we hosted a Managing Risk Seminar covering the following topics....

Feb
07
2018

Retention in construction contracts under review
#Construction

The government consultation to review the 2011 changes to the Construction Act 1996 and the practice of cash retentions in construction contracts closed on 19 January 2018. In light of well publicised Main Contractor insolvency, the review of retentions has been thrust into the spotlight....

Feb
02
2018

Sponsoring students under Tier 2 work visas – new rules
#Immigration #Inward Investment #Employment

Tier 2 sponsors will be pleased to hear that rules which came into effect from 11 January 2018 now allow Tier 4 Students on non-PhD courses to switch to a Tier 2 General visa when they have completed their course....

Feb
02
2018

Caution: Non-renewal of fixed term contract was unfair dismissal
#Employment

The recent case of Royal Surrey County NHS Foundation Trust v Drzymala serves as a reminder to employers that the non-renewal of a fixed term contract will be a dismissal and that the usual principals governing unfair dismissals will apply. ...

Feb
02
2018

‘UK businesses seek opportunities in China after Brexit’- Michael Sippitt comments on CNBC
#Commercial #Press

British Prime Minister Theresa May brought along a 50-strong business delegation to China. Deals worth an estimated $12 billion are expected to be signed. As the terms of a Brexit remain uncertain, United Kingdom businesses are looking to tap into the Chinese market, more so than ever....

Feb
02
2018

Personal motivation required for whistleblowing detriment
#Employment

In the case of Malik v Cenkos Securities Plc, the Employment Appeal Tribunal (“EAT”) found that for there to be a causal link between a protected disclosure and detrimental treatment, the individual accused of the detrimental treatment must be personally motivated by the disclosure. ...

Feb
01
2018

GDPR: UK leading the field?
#Data Protection

A recently reported survey carried out by data cleansing specialist, W8 Data, has found that the UK is significantly more confident than other EU countries that it can comply with the GDPR when it comes into force in May this year. ...

Feb
01
2018

Public procurement: will my bid remain confidential?
#Public Procurement

One of the concerns bidders often have when submitting tenders for public contracts is whether other bidders will be able to obtain access to their confidential pricing information and other commercially sensitive information. ...

Jan
26
2018

Restricted CoS crisis – now doctors are blocked from entering UK
#Immigration #Inward Investment

A few weeks ago we wrote about how the Home Office’s Restricted CoS limit was reached in December and many employers saw their applications refused. ...

Jan
26
2018

Monica Atwal comments in Metro on ‘What should you do if you’re sexually harassed at work?’
#Employment #Press

The last 12 months have seen a monumental cultural change, particularly for women. With the #MeToo movement, people are able to call out sexual abuse and harassment in ways that wouldn’t previously have been possible....

Jan
25
2018

Creative attempt by union to expand the scope of statutory recognition fails
#Employment

As we predicted, the Central Arbitration Committee (CAC) has rejected an application by a trade union for statutory recognition to negotiate directly with the University of London on behalf of a group of workers who work at the university but who are employed by Cordant Security, a facilities management company. ...

Jan
25
2018

Whistleblowing claim against co-workers knows no boundaries
#Employment

In the recent case of Bamieh v EULEX Kosovo and ors, the Employment Appeal Tribunal (“EAT”) found that an employee could bring whistleblowing detriment claims against co-workers for events which allegedly took place whilst on secondment in Kosovo. ...

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