Clarkslegal LLP - Solicitors in Reading and London

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Jun
14
2019

Clarkslegal LLP Immigration Team support K-POP star in her European Tour
#Immigration #UK Immigration #Clarkslegal #Media & Entertainment

The Immigration Team at Clarkslegal LLP have successfully supported the European tour of a well-known K-POP star. ...

Jun
13
2019

Breaking News: Court of Appeal overturns EAT decision on trade union inducement!
#Employment

In December 2017 we blogged on the case of Kostal UK Ltd v Dunkley and others. ...

Jun
12
2019

Trade unions and the contractual incorporation of collective agreements
#Employment

It is well understood that a recognised trade union can negotiate terms and conditions of employment, and that the outcome of negotiations is recorded in a collective agreement applicable to all staff in the trade union’s bargaining unit. However, the EAT has held that the terms of a collective agreement need to cover the same factual circumstances in an employee’s contract in order to be successfully incorporated....

Jun
12
2019

'Workers’ voluntary overtime should be included in holiday pay, Court of Appeal rules' - Helen Beech comments for People Management
#Employment #Press

Judgment in favour of ambulance workers could have wider implications, say employment lawyers. Voluntary overtime for ambulance workers should be factored into holiday pay allocations, providing such overtime is sufficiently regular to form part of a normal remuneration package, a court has ruled....

Jun
12
2019

Calling all International Students: Coming to the UK on a Tier 4 visa
#Immigration

Moving to a different country can be an exciting idea, and done right, it can reap its benefits. Universities in the UK feature at the top-end of University rankings, and with easy access to Europe, studying in the UK can be a life-changing decision....

Jun
10
2019

EY’s 2019 UK Attractiveness Report
#Corporate #Setting up in the UK

According to EY’s 2019 UK Attractiveness Report the UK has retained its position as the number one destination for Foreign Direct Investment (“FDI”) projects in Europe while Northern Ireland has recorded a 74% year-on-year increase in FDI projects. Although the report may seem, on the surface, indicative of the UK’s robust ability to still attract investment despite the overwhelming uncertainty of Brexit, there are some key caveats to an optimistic outlook. ...

Jun
10
2019

Changing trade patterns good for environment but may be bad for jobs
#Supply Chain Governance #Environment #Outsourcing & Supply Chain #Employment #Education #Information Technology #Corporate

We now hear much of trade wars and tariffs. However, whatever President Trump and other world leaders do about their respective trade interests, there are also significant underlying trends that will before long cause major disruption to traditional trade and jobs. We should focus more on these trends and not just on the daily news round....

Jun
07
2019

Succession Planning – Are you ready for the future?
#Employment

If one of the key individuals in your company, such as a manager or someone with technical skills, was to resign tomorrow morning, would you be able to identify their successor? This is a question that many businesses struggle to answer, with companies more likely to recruit from outside the business when vacancies arise, than look for a suitable replacement among their existing staff. ...

Jun
07
2019

Public procurement: does abandoning a tender defeat a bidder’s claim?
#Public Procurement #Dispute Resolution

Under the Public Contracts Regulations 2015, bidders who are successful in establishing that a public body has breached its duties in the running of a regulated tender are entitled to recover damages. Other remedies may also be available, depending on whether a contract has been entered into or not by the public body....

Jun
07
2019

The use of medical aids, including contact lenses, when assessing disability
#Employment

The recent case of Mart v Assessment Services Inc has brought the question of disability and medical treatment to the forefront once again. The Equality Act 2010 offers special protection to individuals who are disabled. ...

Jun
07
2019

Immigration Update: Brexit
#Immigration #Setting up in the UK

The UK government is to expect its third Prime Minister in July in the 3 years since the EU Exit Referendum took place. The new leader is likely to define the course of Brexit negotiations, and its outcome. As thing stand, the UK is set to leave the EU on 31 October 2019....

Jun
07
2019

Failure to pay sum offered during cross-examination was not victimisation
#Employment

This is according to the recent EAT decision in Aston v The Marlet Group. The EAT dismissed the claimant’s victimisation claim, considering the law on the judicial proceedings immunity and paying particular attention to the Supreme Court decision in P v Commissioner of Police in the Metropolis. ...

Jun
05
2019

Avoiding the pitfalls of positive action
#Employment

In Furlong v Chief Constable of Cheshire Police an employment tribunal unanimously found that a police force’s recruitment process directly discriminated against a white, heterosexual, male applicant in the first decided case on the use of positive action under s.159 of the Equality Act 2010. ...

Jun
04
2019

A useful reminder of what happens to an underlease when the headlease is surrendered, forfeited or disclaimed?
#Real Estate

The headlease is surrendered If this happens then the tenant under the headlease falls away and the tenant under any underlease becomes the direct tenant of the superior landlord and the premises will continue to be occupied by the undertenant on the terms of the underlease....

Jun
03
2019

Tracking your employees – Is this a(i) step too far?
#Employment #Information Technology

It has been revealed that hundreds of UK business are using artificial intelligence to monitor staff activity. Is this an innovative way to analyse productivity or a stressful scrutinisation of individuals’ activity?...

May
31
2019

Retirement age upheld at Oxford University
#Employment

A former Oxford professor lost his Employment Tribunal claim against the University after it was held their employer-justified retirement age (EJRA) was justified. Oxford University introduced a retirement age of 67 for academics, and allowed applications for extensions only in exceptional circumstances, such as to maintain continuity in projects or to complete work....

May
31
2019

MAC Report: Shortage occupation list needs significant expansion to meet skills gap
#Immigration #Setting up in the UK

The Migration Advisory Committee in its latest report, published this week, recommends a major review of the SOL so that includes almost 9% of jobs in the labour market, a significant increase from the current 1%. The Migration Advisory Committee or otherwise known as MAC offers government advice on its immigration policy, and on the Shortage Occupation List (SOL). ...

May
30
2019

Court of Appeal clarifies failure to pay enhanced shared parental pay to match enhanced maternity pay is not sex discrimination
#Employment

We previously reported on the cases of Ali v Capita Customer Management Ltd and Hextall v Chief Constable of Leicestershire Police which left us with competing judgments on whether a failure to increase statutory parental pay to match enhanced maternity pay would be discriminatory on the grounds of sex. We now have appellate authority from the Court of Appeal in these cases (which were joined). ...

May
24
2019

Favouritism, micromanaging and poor instructions – the errors managers continue to make
#Employment

New research shows that nearly 50% of employees have at some point resigned as a direct consequence of their poor working relationship with their boss. Process management firm Process Bliss undertook the research, conducting an online survey within the UK of small to medium sized businesses. ...

May
24
2019

Decision not to allow employee to take up overseas placement due to concerns over risk to his health not discriminatory
#Employment

In the recent case of Owen v AMEC Foster Wheeler Energy Ltd and another, the Court of Appeal held that withdrawing the offer of an international placement due to concerns arising from the Claimant’s medical assessment did not amount to disability discrimination. The Claimant was in poor physical health and suffered from hypertension, kidney disease, ischaemic heart disease, type 2 diabetes and morbid obesity....

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