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  • 17 November 2017
  • Employment

Pension scheme did not discriminate workers

In Dr Parker v MDU Services Ltd, the claimant alleged that her employer’s pension scheme indirectly discriminated against workers who had a combination of full and part-time service.
art
  • 17 November 2017
  • Immigration

Government doubles visas for exceptional talented individuals

On Wednesday, the government announced its intentions to double the number of visas to individuals who show promise in the technology, science, art and creative industries. Home Secretary Amber Rudd confirmed that the number of visas available through the Tier 1 Exceptional Talent route will increase from 1,000 to 2,000 a year.
art
  • 17 November 2017
  • Employment

Deliveroo: Late substitution leads to a win against the run of play

The Central Arbitration Committee (CAC) has finally given its decision on whether a particular group of Deliveroo riders - those in the Camden/Kentish Town area of North London who are paid per delivery - are workers of Deliveroo or are independent suppliers of services to Deliveroo.
art
  • 14 November 2017
  • Litigation and dispute resolution

When Can I Refuse To Mediate?

Anyone who has been involved in a legal dispute will have been told to consider engaging in some form of alternative dispute resolution, most often mediation, before the issue of proceedings.

art
  • 13 November 2017
  • Employment

Will Uber work in the area again?

The Employment Appeal Tribunal (EAT) has today upheld the ET decision that when the Uber drivers were in the work area, available for work and with Uber app switched on, they were workers with rights to national minimum wage, sick pay and holiday pay.
art
  • 13 November 2017
  • Commercial Real Estate

Liability For Reduction In Value Of Neighbouring Properties Due To Japanese Knotweed

Japanese Knotweed is a fast-growing invasive species and is a significant problem because it can cause physical damage to buildings and land. It is expensive and time consuming to permanently remove. Clarkslegal was instructed on the sale of a development site which was delayed for over a year when the buyer found Japanese Knotweed on site and insisted that the seller remove it before completion.

art
  • 13 November 2017
  • Employment

Michael Sippitt comments on Uber losing UK legal appeal against drivers’ rights

Taxi-hailing firm Uber has lost its appeal on Friday (10 November) against a ruling that its drivers should be classed as workers rather than self-employed.
art
  • 10 November 2017
  • Privacy and Data Protection

Most organisations failing to inform users about use of their personal data

The ICO has led a global investigation of website privacy communications on behalf of the Global Privacy Enforcement Network (GPEN) and found many organisations’ data protection practices are lacking.

art
  • 10 November 2017
  • Employment

The importance of understanding the economic entity in a TUPE situation

For there to be a business transfer under TUPE there must be an ‘economic entity’ that retains its identity post-transfer.
art
  • 10 November 2017
  • Brexit

Brexit Update: Government Publishes ‘Technical Document’ on EU citizens’ rights

Last night, Theresa May confirmed that the EU Withdrawal Bill would be amended to formally commit to Brexit at 23:00 GMT on 29 March 2019. This comes after the government published a ‘technical document’ on Tuesday setting out further details of how the new settled status scheme for EU nationals and their family members would operate as the UK leaves the EU. The document seeks to reassure the 3 million EU citizens currently living in the UK of their immigration status post-Brexit.
art
  • 08 November 2017
  • Corporate and M&A

Changes to the PSC Regime

Since the PSC Regulations came into effect in June 2016, changes to a company’s PSC information have been filed annually at Companies House on the Confirmation Statement.
art
  • 07 November 2017
  • Construction

Collateral Warranties: What to look for?

Collateral warranties are a key feature of the construction industry, and they enable beneficiaries such as funders, tenants or purchasers of a development to have a contractual link with the project team. Whilst it is possible to utilise the third party rights act, this route is limited, as seen in the case of Hurley Palmer Flatt Limited v Barclays Bank plc and you can read our analysis here.
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