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Jun
09
2017

Territorial Jurisdiction: an objective test
#Employment

In the recent case of Green v SIG Trading Ltd, the EAT held that the question of whether an employee has a sufficiently strong connection to the UK (to give a tribunal territorial jurisdiction to consider a claim) is an objective rather than a subjective test....

Jun
09
2017

Court finds employees don’t have to disclose intention to compete
#Employment

In MPT Ltd v Peel and others, the High Court was asked to grant an interim injunction against two senior employees of MPT who planned to run a competing business after they left MPT and their restrictive covenants had expired. ...

Jun
01
2017

“Mini” strike exposes major pension issues
#Employment

In April workers at BMW’s UK plants started a wave of one day strikes, halting the output of the iconic Mini. This is the first ever walkout by staff at these sites and the cause was BMW’s plan to close a defined-benefit pension scheme and replace it with a contribution-based scheme, a move the Unite union believe will cost workers up to £160,000 in lost income....

Jun
01
2017

Supreme Court determines a pay deduction rate of 1/365 for each day employees participate in lawful strike action
#Employment

In Hartley v King Edward VI College, the Claimants were teachers who participated in a full day of lawful strike action. Their employment contracts permitted pay to be deducted for any days on lawful strikes but did not specify the calculation to be applied. The employer deducted 1/260 of their annual pay, basing the calculation on working days in a year rather than calendar days....

Jun
01
2017

Employer’s belief that a disclosure was not protected was not relevant
#Employment

It is automatically unfair to dismiss an employee on the basis that he or she has made a protected disclosure, more commonly known as ‘whistleblowing’. The Court of Appeal, in Beatt v Croydon Health Services NHS Trust, has made clear that an employer’s belief that a disclosure was not protected is irrelevant in such dismissals....

May
31
2017

Louise Merrell writes for EmploymentSolicitor.com on Great Repeal Bill and its impact on UK employment law
#Employment #Press

A significant amount of UK employment law is derived from EU law so what’s going to happen after Brexit? Louise Merrell, senior solicitor at Clarkslegal takes a look at the laws which may be destined for the chopping board…...

May
30
2017

Is TUPE the next threat to the ‘gig economy’?
#Employment

Recently it has been hard to escape reports about employment status and the ‘gig economy’ with companies like Uber, Deliveroo and Addison Lee attracting much attention....

May
26
2017

EAT re-affirms that three-month gap in series of holiday pay deductions breaks the chain
#Employment

In Fulton and another v Bear Scotland Ltd (No.2) the EAT confirmed its earlier decision that a gap of more than 3 months in a series of deductions, breaks the chain for the purposes of an unlawful deductions claim...

May
26
2017

General Election 2017: Party Manifestos on Data Protection
#Employment

Given the growing importance of data protection to our everyday life, it is unsurprising that the issue is mentioned in the manifestos for the upcoming General Election...

May
26
2017

It’s Good to Talk: The cost of failing to inform and consult on TUPE
#Employment

In the recent Employment Tribunal case of Holden v Spice Valley Restaurants Ltd and others the employer, a restaurant, went into administration. ...

May
19
2017

Conservative, Labour and Liberal Democrat Manifestos – Key Employment & Immigration Law Pledges
#Employment #UK Immigration

With the general election fast approaching, we have set out the key employment law points from the Conservative, Labour and Liberal Democrat manifestos....

May
17
2017

Monica Atwal writes for The Guardian on Theresa May claiming to be the champion of workers
#Employment #Press

Managing Partner Monica Atwal explains in her letter to The Guardian that Theresa May’s 11 pledges on workers’ rights proposes nothing new and are already covered by current legislation and business initiatives....

May
16
2017

Monica Atwal writes for The Telegraph on Zero-hours contracts: what should employers think about?
#Employment #Press

Zero-hours contracts offer pros and cons for workers and small company owners – and there are responsibilities and legal issues to consider....

May
12
2017

The Great Repeal Bill and its impact on Employment Law
#Employment

Employment rights will continue after Brexit as they did immediately before, at least in the short-term! ...

May
11
2017

Positive Discrimination and Brexit
#Immigration #Employment

The impact of Brexit is beginning to be felt by employers. Initial anecdotal evidence about the impact of Brexit leading to a drop in EU applicants applying for and remaining in roles is now beginning to be backed up by statistics in some sectors. The urge for employers is to offer reassurance and support for EU employees to ensure that they retain skilled employees and avoid a higher turnover of staff....

May
05
2017

Message from Paris TAG Alliances conference
#Environment #Corporate #Employment #UK Immigration #Outsourcing & Supply Chain #Clarkslegal

Michael Sippitt, Chairman of UK law firm Clarkslegal LLP, addressed the TAG Alliances conference in Paris this week on a panel of lawyers and accountants from the US and Europe discussing the issues of Brexit, the business impact of President Trump, and the future of globalisation....

May
02
2017

Helen Beech writes for We Are The City on the Gender Pay Gap Regulation
#Employment

Employment partner and HR extraordinaire Helen Beech discusses the Gender Pay Gap Regulation and why the call for information should be just as important to SMEs as it is to large corporations....

May
02
2017

"There will be dire skills shortages" warns Monica Atwal, speaking to Forbes Magazine on Brexit's impact on immigration in the UK
#Immigration #Employment

This week sees Clarkslegal's Managing Partner Monica Atwal discussing why Britain's future of trade will be effected by tougher immigration rules ...

Apr
28
2017

Cyber Security Survey shows need for vigilant approach to data protection
#Employment

The government recently published its 2017 Cyber Security Survey results...

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