Clarkslegal LLP - Solicitors in Reading and London

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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

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. ...

Jan
25
2018

Union correspondence was not disclosable
#Employment

In Dhanda v TSB Bank Plc, the claimant had been dismissed for gross misconduct. ...

Jan
19
2018

Covert surveillance breaches right to privacy and data protection law
#Employment #Data Protection

Covert surveillance at work was found to be in breach of the right to privacy and data protection law by the European Court of Human Rights(ECtHR) in Lopez Ribalda & Ors v Spain....

Jan
19
2018

Compensatory rest must be truly equivalent
#Employment

Under the Working Time Regulations a worker is entitled to a 20 minute rest break if they work over six hours. ...

Jan
18
2018

Tier 2 Sponsors: Role of the Authorising Officer
#Immigration

Businesses with sponsor licences have a huge responsibility to ensure that the points based system is not abused. The role of the Authorising Officer is to effectively manage the licence and ensure the employer is not in breach of its sponsor duties. ...

Jan
17
2018

Your client is insolvent – six practical steps
#Construction

As contractor, subcontractor or consultant, the nightmare scenario of your client/main contractor entering insolvency might be unavoidable. This might happen despite thorough pre-contract checks and risk protection measures. It’s important to remember that the type of insolvency will influence the likely outcome: Whilst the purpose of administration is to rescue the business or achieve a better realisation of assets, the purpose of liquidation is to realise assets for creditors. This article identifies six things to consider....

Jan
15
2018

Your questions answered - ICO publishes FAQs
#Data Protection

With the General Data Protection Regulation (GDPR) deadline growing closer, the Information Commissioner’s Office (ICO) has published 12 ‘frequently asked questions’ about the regulations....

Jan
12
2018

Lack of GDPR preparation among 2.1million SMEs
#Data Protection

With 5 months to go until the General Data Protection Regulation (GDPR) kicks in, research conducted by The Data Compliance Doctors suggests an alarming amount of SMEs could be at risk of breaching the GDPR the day it comes into effect if they do not take action soon....

Jan
12
2018

New DBS application procedure introduced in England and Wales
#Employment

Basic criminal records checks provide details of an individuals’ convictions and conditional cautions considered to be “unspent” under the Rehabilitation of Offenders Act 1974....

Jan
12
2018

Perceived disability claim upheld by the EAT
#Employment

In The Chief Constable of Norfolk v Coffey the EAT held that an employer’s belief that an employee’s hearing problem may become a disability in the future amounted to direct perceived disability discrimination....

Jan
12
2018

Perspective on the Commonwealth as a Trade and Investment Bloc
#Clarkslegal

Michael Sippitt on 12 January attended a meeting in London organised by the Commonwealth Enterprise and Investment Council, the High Commission of India and the Federation of Indian Chambers of Commerce and Industry, addressed by Mr Suresh Prabhu, Minister of Commerce and Industry of India....

Jan
11
2018

Michael Sippitt writes for World Finance on 'Trade threats and opportunities ahead'
#Press

Despite the amount of geo-political upheaval; the business reality is that economic growth remains robust. The future may appear littered with threats, but opportunities remain plentiful...

Jan
10
2018

Ten years, ten lessons...
#Outsourcing & Supply Chain #Supply Chain Governance

Ten years ago, I moved to the Middle East as a co-founder of FSI Worldwide. Although I am no longer a director of the company and no longer live in the region, our mission was and remains, to try to improve the conditions under which migrant workers are recruited and employed. ...

Jan
09
2018

UKVI confirms Restricted CoS limit reached in December
#Immigration

For the first time since July 2015, the Home Office’s monthly Restricted Certificate of Sponsorship (CoS) limit was reached and many employers saw their applications refused. Data published on the government’s website shows that 1,527 applications were granted. Successful applications had to score a minimum of 55 points as opposed to the usual 21 points (see data for previous months)....

Jan
09
2018

Data protection – have you got consent to use and store personal data?
#Data Protection

Under current rules for data protection, businesses are allowed to implement “opt-out” and pre-checked boxes when it comes to obtaining an individual’s consent to collecting and using personal data....

Jan
08
2018

Public procurement: does failing a pass/fail question = disqualification?
#Public Procurement #Dispute Resolution

Shortly before Christmas the judgement in the case of MLS (Overseas) Ltd v The Secretary of State for Defence [2017] EWHC 3389 TCC was released, containing important lessons for bidders and contracting authorities involved in public procurement....

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