Clarkslegal LLP - Solicitors in Reading and London

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Oct
27
2017

A much-needed win for vulnerable and exploited domestic workers
#Employment

As we have previously blogged, UK law does not do enough to protect migrant domestic workers in the UK from abuse, exploitation and modern slavery....

Oct
27
2017

Greek government falls short with discriminatory height requirement for police
#Employment

The ECJ has held in Ypourgos Ethnikis Pedias kai Thriskevmaton v Kalliri that a minimum height requirement of 170cm imposed by the Greek Government for men and women wishing to join the police force, amounted to indirect sex discrimination and could not be objectively justified....

Oct
27
2017

Government announces start of tribunal fees refund scheme
#Employment

Following the Supreme Court’s ruling this summer that Employment Tribunal fees were unlawful, the government has announced its fees refund scheme: individuals will be refunded their original fee along with an interest of 0.5% calculated from the date of the original payment up until the refund date....

Oct
24
2017

Clarkslegal's Michael Sippitt chairs panel discussion at TAG Alliances Conference
#Clarkslegal #Press

Clarkslegal partner Michael Sippitt chaired a discussion at meeting in Quebec City of the TAG Alliances,...

Oct
20
2017

Tier 2 Sponsor Duties: Record Keeping
#Immigration

Tier 2 sponsors are required to fulfil certain duties throughout the duration of their sponsor licence. Failure to comply with any of the sponsor duties, is likely to lead to a licence being suspended or in a worst-case scenario revoked and sponsored workers seeing their leave curtailed....

Oct
13
2017

Mental Health Week 2017: tackling the stigma of mental health in the workplace
#Employment

The 10th October marked World Mental Health Day and this year’s theme was ‘mental health in the workplace’....

Oct
13
2017

Postal staff threaten strike action over Pensions
#Employment

Since March 2017, under the Trade Union Act, strikes require a turnout of at least 50% of all eligible voters. In the first large scale vote since the legislation came into force, postal workers represented by the Communications Workers Union (CWU) have voted to strike with a turnout of 73.7% easily passing this 50% threshold. Of those who voted an overwhelming 89% backed the strike....

Oct
13
2017

Tier 2 Sponsors: Preparing for a UKVI Compliance Visit
#Immigration

Sponsor licence holders are all too familiar with the challenges of maintaining compliance with UKVI requirements. All sponsors should expect a compliance visit at some point and any visit should be taken very seriously!...

Oct
13
2017

Modern Slavery: is your organisation doing all it should to comply?
#Employment

The Modern Slavery Act requires all businesses with an annual global turnover at least £36 million to produce a modern slavery statement each year. It should include details of what (if anything) the business is doing to combat modern slavery and human trafficking within its business and supply chain – both in the UK and abroad. This should be published within six months of the end of their financial year. This statement must be published on the business’ website, with a link to it in a prominent place on the homepage....

Oct
13
2017

GDPR: the ICO attempts to clarify obligation to report serious data breaches
#Employment

Faced with misleading press stories, the ICO has been addressing misconceptions about the GDPR by publishing myth busting blogs, including on the new requirement to report serious breaches of personal data....

Oct
10
2017

EIS and SEIS – what are these and how can you benefit?
#Commercial

The Enterprise Investment Scheme (EIS) and Seed Enterprise Investment Scheme (SEIS) are schemes run by the government offering generous tax breaks to encourage SME growth and investment in such companies....

Oct
06
2017

What’s the beef? TUPE regulations apply even where large part of job becomes automated
#Employment

In Anglo Beef Processors v Longland and Meat & Livestock Commercial Services, Mr Longland had been employed as a carcass service officer for Meat & Livestock, manually classifying carcasses in an abattoir....

Oct
06
2017

Addison Lee drivers get the green light to be treated as workers
#Employment

In another important ruling relating to the gig economy, London Central Tribunal has held that drivers of Addison Lee are not self-employed, but are in fact workers. Drivers brought their case to the Employment Tribunal in July supported by the trade union GMB, who has supported similar claims by Uber drivers....

Oct
06
2017

Up to 20% of minimum wage workers are underpaid
#Employment

The Low Pay Commission, which advises the government on minimum wage levels, has released its annual report. The report stated that as many as 20% of workers may not receive the National Living Wage (the variant of National Minimum Wage for those aged 25 or over) immediately after a rate rise. This means that between 305,000 and 580,000 workers may not receive the wage they are entitled to by law. After a period of between three and six months, this drops to 13%....

Oct
06
2017

Real estate fraud – help us help you to eliminate the risk
#Real Estate

One of the biggest benefits of the digital and information age has been the increased agility in carrying transactions – these are now able to take place almost instantaneously. This increased agility has brought with it the problem of increased vulnerability – especially to the risk of fraud....

Oct
06
2017

Business and Property Courts open for business
#Dispute Resolution

The Business and Property Courts (B&PC) opened on 2 October 2017. The B&PC is an umbrella for several specialist business courts and encompasses the Commercial Court, the Technology & Construction Court and what was previously the Chancery Division, covering intellectual property, insolvency and financial services disputes. ...

Oct
03
2017

Off-Site Goods and Materials: Legal Issues
#Construction

There is no doubt that off-site manufacture is being embraced by the industry. The key legal issues to address in a contract where off-site manufacture is contemplated are legal ownership of the goods manufactured off-site prior to delivery and risk of damage when those goods are in storage or transit. Whilst paying for the off-site goods or materials may be necessary, it may put the purchaser/employer at risk if the supplier/contractor becomes insolvent and the goods are not then delivered. Also, who will be responsible for damage caused to the goods or materials whilst they are in storage or during transit. Another issue is quality control and monitoring progress during the manufacturing process which should be addressed in the supply contract. These risks need to be addressed when drafting the contract....

Oct
03
2017

A victory for common sense - actual cost relevant to compensation event assessment
#Construction

A defining principle of the NEC3 is that the parties should deal with issues as they arise and not save these up to the end. Hence the provision in the standard form contract allowing for forecast assessments of compensation events. However, this principle can get forgotten when the parties fail to comply with the contractual machinery and timeframes or the compensation events are disputed. A case from earlier this year in the Northern Ireland courts has looked at the question of whether actual costs are relevant to the assessment of compensation events: Northern Ireland Housing Executive v Healthy Buildings (Ireland) Limited (2017)....

Sep
29
2017

Award winning Indian restaurant in Wales re-opens following immigration raid
#Immigration

An award winning Indian restaurant in Wales has re-opened after being temporarily closed down by immigration officers. Yasmin’s, which has won various curry awards over the years, was shut down last week following an immigration raid which found the owners had failed to carry out the prescribed right to work checks....

Sep
28
2017

Michael Sippitt writes for Thomson Reuters on: Migration and Modern Slavery
#Outsourcing & Supply Chain #Press

Until lawyers start to pursue high-profile negligence cases, the status quo is likely to remain unchanged....

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