News, articles & legal updates

Latest news and legal updates

6 October 2022 is World Cerebral Palsy Day

What is Cerebral Palsy? Cerebral Palsy is a description of a group of permanent movement disorders arising as a result of damage to part of the brain. The impact of cerebral palsy can vary hugely with each individual and it can range from mild to severe. Some cases involve significant...

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Employment Matters

September 2022 This September, employers faced several challenges following the news of the death of Queen Elizabeth II, including in impromptu bank holiday to mark the funeral of Her Majesty and in all likelihood staff’s low morale during the national period of mourning. In this month’s issue, we consider the...

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Government’s Growth Plan: Off-payroll working rules to be repealed

Summary On 23 September 2022, the government revealed its Growth Plan and confirmed that the off-payroll working rules will be repealed for both public and private sector organisations with effect from 6 April 2023. From that date, where an individual in the UK provides services through an intermediary (usually a...

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Bereavement in the workplace

In September, the UK mourned the death of Queen Elizabeth II. Staff are likely to have been affected by the Queen’s death in different ways. The loss of a loved one, such as a family member, is likely to have an even more profound effect on an individual’s life as...

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New ACAS guidance on suspending staff

New guidance was published by ACAS at the beginning of September to assist employers who are considering suspending staff, specifically during an investigation procedure. The guidance explains the considerations employers should have when deciding to suspend someone including the process for suspension, how to support an employee’s mental health during...

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Changes to Right to Work Checks from 1 October 2022

Summary Temporary adjustments to right to work checks were introduced on 30 March 2020 in response to the onset of the Covid-19 pandemic which made it considerably more difficult to conduct in person checks. The adjustments essentially made it permissible to check scans or photographs of an individual’s identification documents...

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Impressive results for Clarke Willmott in 2023 Legal 500 guide

Clarke Willmott has been recognised as a Top Tier firm in the latest Legal 500 guide which ranks the UK’s top lawyers and organisations. We received prestigious Top Tier rankings for 11 of its specialist practice areas, up one from last year’s results, with a total of 60 recommendations across...

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Can you rely on a dispute resolution clause in a contract?

What is a dispute resolution clause? Over the last twenty years, dispute resolution clauses have become more common in contracts. A dispute resolution clause usually provides for a protocol for the active resolution of disputes prior to litigation being issued. It is common to see provisions that initially provide for...

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Our staff survey results

What is it like working at Clarke Willmott? Our people are the heart of our decision making and listening to how our people feel about working at Clarke Willmott is core to that. Roughly every six months we run a survey so we can understand what our staff enjoy about...

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Clarke Willmott acts on acquisition of two residential homes

Our corporate team has acted for a first-time buyer of two residential care homes in Devon. The deal was led by Kirill Bingham, head of the firm’s corporate team in Taunton, assisted by senior associate Tom Potts, employment partner, Paula Squire and the firm’s specialist commercial property team. Summercourt in...

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Clarke Willmott acts on acquisition of Cumbrian care home

Our corporate team has advised on the acquisition of a Cumbrian care home by a care group that owns and operates homes across the North. Croft Avenue Care Home in Penrith – which provides nursing and personal care for up to 30 people aged over 65 and has specialist services...

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Strong results for Clarke Willmott

Clarke Willmott  has reported another year of positive results from 2021/22, with revenue of £59.6 million – up 12 per cent on the prior year on the back of strong results across the firm’s teams and sectors. The firm remains committed to the long-term growth of a diverse commercial and...

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Clarke Willmott’s social housing team appointed to multi-million pound housing panel

Our social housing team have been reappointed to serve on a panel of leading housing specialist law firms as part of an estimated £30 million legal services framework agreement. Clarke Willmott is among a group of law firms named by the Housing Associations’ Legal Alliance (HALA), a collaborative partnership between...

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Keeping the status quo: the Government confirms that it will not reform the law on employment status

The Government has published a response to its 2018 consultation on the UK’s current employment status framework. The Government’s response confirms that it will not reform this complex area of the law. Businesses must therefore continue to use the current framework to determine the correct employment status of individuals providing...

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Court of Appeal overturns High Court decision on Tesco ‘fire and rehire’

The Court of Appeal has allowed an appeal from Tesco against the previous decision of the High Court which granted an injunction preventing it from ‘firing and rehiring’ employees in order to force a change to terms and conditions of employment. Background Between 2007 and 2009 Tesco reorganised its distribution...

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Gender critical beliefs are protected in the workplace

Case summary The claimant, Maya Forstater, believes that biological sex is unchangeable and is separate from gender identity. She worked for CGD Europe (CGD) as a Visiting Fellow but, after she expressed her “gender critical” belief on social media and in the office, CGD decided not to renew her Visiting...

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Employers must ensure that the “punishment fits the crime” when considering disciplinary sanctions

A reminder of some of the basics when considering disciplinary sanctions When a disciplinary officer has heard all the evidence at a disciplinary hearing, they must decide whether it is appropriate to impose a disciplinary sanction. This could be anything from a first written warning to dismissal without notice. When...

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Wealth, Health and Inheritance Briefing

August 2022 edition To begin this issue, I would like briefly to celebrate our flourishing Private Capital team that due to an increase in workflow has increased in size by 40% over the last decade. We introduced our first Private Capital team in our Manchester office in 2018 led by...

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Social Housing Newsletter

Summer 2022 Welcome to the latest edition of our social housing newsletter! We are gearing up for a busy Autumn, including the return of CW Housing Week in October. Please keep an eye out for an invitation and full agenda early September. In the meantime, if there are any topics...

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Referrals to Domestic Abuse Perpetrator Programme have ceased

Families wait for a beneficial new programme to be introduced The Ministry of Justice recently decided to replace the existing Domestic Abuse Perpetrator Programme (DAPP) with a beneficial new programme that will better meet the needs of affected families. While current contracts will not end until 31 March 2023, referrals...

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