Clarkslegal LLP - Solicitors in Reading and London

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Sep
01
2017

Tribunal fees: should you prepare for a deluge of claims and what happens next?
#Employment

It has been a tumultuous few years for the Conservative party and the recent Supreme Court ruling has added to the party’s list of woes. The government will now have to repay £32m to parties following the Court’s unanimous decision that the tribunal fee regime was unlawful....

Sep
01
2017

Top London Curry House Re-Opens following Immigration Raid
#Immigration

One of London’s top curry houses, Tayyabs, has re-opened following a 48 hour shutdown by immigration enforcement officers for allegedly employing illegal workers. Family owned Punjabi restaurant Tayyabs closed on Tuesday following an immigration raid which found some of its 40 employees did not have the correct permission to work in the UK....

Aug
31
2017

Directors’ & Officers’ Liability Insurance
#Corporate #Commercial #Directors Duties

We are often asked by directors (both exec and non-exec) of clients about whether their company should have D & O liability insurance in place, and what it does and does not cover....

Aug
30
2017

Home Office admits error in British born Shane Ridge case
#Immigration

This afternoon, the Home Office confirmed that Shane Ridge, the Lancashire born joiner, is indeed a British citizen and they had incorrectly refused his application for Right of Abode. Shane Ridge’s case made headlines this week when it was discovered that despite being born in the UK and spending his entire life here, he was required to leave or face a £5,000 fine or prison sentence. ...

Aug
25
2017

Food industry expresses workforce concerns in landmark Brexit survey
#Immigration

This week, the Food & Drink Federation (FDF) warned that over a third of its members businesses would become unviable without access to EU labour, as 47% of EU workers consider moving away from permanent and seasonal roles....

Aug
18
2017

TalkTalk fined by ICO for subcontractor’s abuse of personal data
#Employment

Following complaints from customers of scammers calling with personal details such as account numbers, TalkTalk’s investigators found that 3 employees...

Aug
18
2017

Would following in Norway’s footsteps help address the UK’s gender pay gap?
#Employment

In Norway, details of individuals’ net income, net assets and amount of tax paid are all accessible to the general public. An individual may simply use their national ID...

Aug
18
2017

Passport to Supreme Court for Pimlico Plumbers
#Employment

Last week in Gascoigne v Addison Lee an Employment Tribunal decided that a cycle courier was a worker and not self-employed. Following the pattern emerging from other similar cases, the Tribunal ...

Aug
18
2017

Claimants no longer need to “shift the burden of proof” in discrimination claims
#Employment

Section 136 of the Equality Act 2010 is headed “the burden of proof”. It has long been considered that in discrimination cases the claimant has to show a ‘prime facie’ ...

Aug
18
2017

Home Office Updates Guidance on Right to Work Checks
#Immigration

This week, the Home Office published new guidance for employers setting out the right to work checks required to establish or retain a statutory excuse....

Aug
11
2017

Call for Evidence: EEA workers in the UK labour market
#Immigration

Last month, the Government commissioned the Migration Advisory Committee (MAC), with the purpose of conducting a study about and advising upon the economic and social impacts of the United Kingdom’s exit from the European Union. Following the Home Secretary's commissioning letter last week, the MAC has released a Call of Evidence, from anyone with relevant knowledge, expertise or experience to aid the MAC response. ...

Aug
11
2017

Tribunal Fees: Resurrecting rejected claims?
#Employment

The Supreme Court decision on 26 July 2017 that Employment Tribunal fees were unlawful was expected to have wide-ranging repercussions ...

Aug
11
2017

Pre-winding up settlement with director set aside
#Restructuring & Insolvency #Dispute Resolution #Directors Duties

For a short time, Officeserve Technologies Limited (OTL) made a big impact in the ‘lunch at work’ market. Its director and majority shareholder, CAM, oversaw a rapid expansion to an estimated value of £40 million. However, OTL was unable to pay the instalments due on two businesses it had acquired and in October 2016 was served with a winding-up petition. ...

Aug
10
2017

BSRIA Soft Landings Conference 2017: delivering value through Soft Landings - findings
#Construction

Soft Landings is a process that helps to produce a building that delivers the operational goals that were set for it at the inception of the design and delivery project. To paraphrase, it helps make the building “do what it says on the tin”. ...

Aug
09
2017

David Rintoul writes for Construction News on Soft Landings Framework: The contractual issues
#Construction #Press

The BSRIA Soft Landings Framework has become widely used in the industry on many different kinds of contracts – but what issues should contractors be aware of?...

Aug
08
2017

Overhaul of data protection laws to give individuals more control over personal data
#Commercial #Corporate

Details of the Data Protection Bill were revealed yesterday. The Government announced that the new laws will provide people with more control over how their personal information is used and ensure that people can withdraw consent to use their data just as easily as they can grant it....

Aug
07
2017

Protected Business Leases: Holding Over Under the Landlord and Tenant Act 1954 – What Rights and Obligations Does the Tenant Have?
#Real Estate

A “Protected Lease” is a lease that has the benefit of security of tenure under the Landlord and Tenant Act 1954 (“the 1954 Act”). Only a lease which has security entitles the tenant to remain in its business premises when its lease expires and “hold over” and, except in certain circumstances, obliges the landlord to grant the tenant a new lease on updated, but generally no more onerous terms than the old lease. This note applies only to Protected Leases....

Aug
07
2017

Are your contractual design obligations fit for purpose? – important new law
#Construction

The Supreme Court ruling in Mt Højgaard v E.On last week held that a “fitness for purpose” obligation in a schedule to a construction contract should be given its natural meaning and effect, so confirming an earlier decision of the Technology and Construction Court (TCC) that there was a fitness for purpose obligation which required the contractor to produce foundations which would last for 20 years. ...

Aug
04
2017

Voluntary overtime included in holiday pay...
#Employment

In Dudley Metropolitan Borough Council v Willetts and others the EAT has ruled that payments for voluntary overtime should be included in holiday pay calculations....

Aug
04
2017

Does the duty to collectively consult employees regarding redundancies apply to employees based outside the UK?
#Employment

The EAT has determined in Seahorse Maritime v Nautilus International that the duty to collectively consult in a redundancy situation can extend to employees working outside of the UK, but cautioned each case will depend on its own facts. ...

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