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Nobody to blame? Plans are unveiled to reform Divorce Legislation.

To help overcome an ever increasing ‘blame’ culture in today’s society, isn’t it time that we removed fault from divorce?

The Government has announced plans to reform divorce laws, something that hasn’t been updated in 50 years despite colossal changes in modern society. In the past 50 years there has been a sharp rise in the number of marriages ending in divorce and the process is often unpleasant for those involved.  Considered ‘archaic’ the reform is being welcomed by many.

What is the current divorce legislation?

Under current law, in order to be eligible for divorce, the couple must meet with the one ground for divorce. The marriage has to have broken down irretrievably with no possibility of reconciliation.  In England and Wales an individual seeking divorce must either prove their partner is at fault through adultery, desertion or unreasonable behaviour, or, alternatively if the decision is mutual, they can part after 2 years of separation. If the other party does not consent to the divorce or there is no evidence of fault, the applicants must then wait until they have been separated for 5 years.

What are the proposed changes to the current divorce legislation?

The long-awaited reform of divorce law looks to potentially remove the element of fault from the process along with removing the need to show evidence of the other spouse’s conduct, or a period of living apart.

Justice secretary, David Gauke, has said that couples wishing to divorce should benefit from a less confrontational process. “Marriage will always be one of our most important institutions, but when a relationship ends it cannot be right for the law to create or increase conflict between divorcing couples. That is why we will remove the archaic requirements to allege fault or show evidence of separation, making the process less acrimonious and helping families look to the future.”

A new notification process is also being proposed to allow individuals to inform the court of their intent to divorce, whilst removing the opportunity for the other spouse to contest it.

The consultation will also evaluate the timeframes involved in the process of divorce. At present, once the Decree Nisi has been pronounced a cooling off period of 6 weeks follows and once this time has elapsed only then can the Decree Nisi be made Absolute. The Decree Absolute declares the marriage fully dissolved. An assessment of the minimum timeframe is being ordered because it is deemed a valuable time for couples to reflect on the decision of divorce and allows agreements and arrangements to be reached for the future where divorce is inevitable.

Seeking advice on Divorce and Separation

The consultation is taking place in December, so we have to wait until then to see what happens. However, having remained unchanged for so long, the government is under increased pressure to act and reform the out of date law.

If you would like further guidance regarding Divorce or separation, contact our Family Team who can offer you the support you need. You can visit any of our three offices for an initial no-obligation appointment.

Call 0116 212 1000 to contact our Leicester office, for Market Harborough call 01858 445 480 or 0116 212 1080 for Wigston. Alternatively, complete an online contact form and we will contact you directly.

 

 

 

 

What does the Parental Bereavement (Pay and Leave) Act 2018 mean for the future?

In 2017 the Government published a bill to offer two weeks’ paid leave for bereaved parents. And this week, the Parental Bereavement (Pay and Leave) Act 2018, introduced by Kevin Hollinrake, MP, received royal assent.

What is the Parental Bereavement (Pay and Leave) Act 2018?

The Parental Bereavement (Pay and Leave) Act 2018 will provide individuals who lose a child aged 18 or younger with a right to two weeks’ paid time away from work. The government has said it anticipates introducing the regulation and bringing the act fully into force by April 2020.

This is the first law of its kind in the UK that will support those affected by the tragedy of childhood mortality and it is being recognised as a pivotal turning point in Employment Law.

Childhood mortality is a taboo subject, one that individuals avoid talking about because they simply do not know what to say. Everyone is able to pass on their sympathy, but it is an issue that is difficult to empathise with for those who have not experienced such tragedy and that is why it can be a such difficult matter to address at work.

Kevin Hollinrake, sponsor of the Bill says; “This new law will give employed parents a legal right to two weeks’ paid leave, giving them that all-important time and space away from work to grieve at such a desperately sad time.”

Taking time off from work for Bereavement

Although many do, an employer is not legally required to permit paid time off to grieving parents.  Therefore, by making it a legal requirement it is hoped that the new law will help affected parents to feel supported by their employer when they go through the deeply distressing ordeal of losing a child.

It is not unusual for employers to have a policy for compassionate leave outlined in the employee handbook or contract and it is down to the employer’s discretion whether it is paid or not.

As the law stands currently, all employees are entitled to ‘time off for dependents”. This is a reasonable time off to deal with unforeseen matters and emergencies involving a dependent, including leave to arrange or attend a funeral.

During a period of utter emotional turmoil, this new law will give parents the reassurance of knowing they do not have to worry about work while they grieve in the immediate aftermath.

Supporting employees through Bereavement.

The new law addresses the first two weeks of grieving but employers that have a desire to support staff further need to consider the long-term impact, recognising that losing a loved one creates huge turmoil for individuals.  Offering flexible working solutions, access to counselling and ensuring the workforce are understanding can help individual to adapt or manage their work when they are struggling to cope.

Legal Support for Bereavement at workplace

Lawson West Solicitors can give advice on Bereavement in the workplace and all aspects of leave-taking including time off for dependants. Our Employment Team can support individuals from either an employee or employer perspective and will review your case independently.

If you think you would benefit from receiving Employment Law advice from Lawson West Solicitors, we offer No Win No Fee for clients and a variety of other funding arrangements including Legal Expenses insurance funding. We can assess your case to decide which is the best funding option for you.

With offices in Leicester, Wigston and Market Harborough our employment solicitors and lawyers can discuss your situation at any of our offices.  In addition, we are a national provider of expert employment law advice and welcome a free discussion with you regarding your circumstances and potential claim. Please contact us by telephone on 0116 212 1000 or 01858 445 480, alternatively fill in our online Contact Us form and we will get in touch with you as soon as possible.

 

Miserable Britain; are long working hours the cause?

Working in Britain compared to other countries typically means working long days, carrying out demanding tasks and taking breaks that are few and far between. Working life can be tough, often leaving us feeling exhausted, deflated and lacking in motivation.

Are there certain jobs making us more miserable than others? 

Recent research Fish4jobs carried out has highlighted that a third of Brits (32 per cent) spend half of their annual working hours feeling dissatisfied and unhappy at work. This equates on average to 861 hours and 12 minutes each year and six years and six months in the average lifetime – quite staggering.

The survey was rolled out to include people who are in the public eye to see if they experience the same level of job dissatisfaction compared to the average worker in Britain. The results uncovered some interesting findings. For instance, Boris Johnson spent the equivalent of 72 days unhappy in his role as Foreign Secretary whereas with Teresa May, it would seem, when applying the same formula, she has spent at least two and a half months dissatisfied in the role as Prime minister.

People in the public eye have tough working days like the rest of us however it should be noted that their days-off are unlike ours, they cannot escape the public eye. This undoubtably makes it more stressful for them as they have little privacy in their free time.  

Over 2,000 people working in the UK were surveyed. It found there was a correlation between job dissatisfaction, industry and location.

The four unhappiest places geographically to work are as follows:

  1. Wolverhampton (60 per cent)
  2. Sunderland (50 per cent)
  3. Carlisle (50 per cent)
  4. Walsall (50 per cent)

However, job dissatisfaction varied dramatically depending on the profession. As the list below shows, Customer service roles came out with the highest proportion of dissatisfied workers.

  1. 37% of customer service executives
  2. 34% of hospitality employees
  3. 34% of administrators
  4. 33% of shop workers
  5. 28% of nurses and care workers
  6. 24% of teachers
  7. 24% of van and truck drivers
  8. 16% of construction workers

In the list above, all of professions listed have long working hours and deal with the public in some form or another. Is working long hours a key factor contributing to our unhappiness? Should we be working shorter hours like our continental friends? 

Plans for a Four day week?

The work life balance is becoming more and more difficult to define with greater access to technology working from home is easier than ever.  With flexible working on the rise would individuals be able to readjust and work less?

It is reported that some 1.4 million people now work seven days a week, with 3.3 million working more than 45 hours per week.   

This is as a result of advances in technology that allow us to access work remotely wherever and whenever we want. Instead of leaving work at 5pm and not returning until the following day, many individuals will work from home in the evenings in addition their contracted hours. This type of behaviour is undoubtedly part of the cause for those who noted unhappiness at work in the survey discussed above.

Unions have recently suggested that a four-day working week would be feasible owing to the benefits of new modern technology.  At TUC’s annual conference they called on the government to act to help people work less but get paid the same.  There is a belief that artificial intelligence and robotics could provide a £200bn boost to the UK economy in the next decade and rather than seeing it as having a negative impact on employees we should look at it as a means of freeing up more of our time.

Feeling miserable at work?

Feeling dissatisfied and overworked influences our performance, state of job satisfaction and mental health.  We should all feel comfortable speaking to our employers if something isn’t right without any repercussions.

If you find yourself having issues with your employment and working hours we can help. Please remember there are strict time limits in Employment claims and you should take good free legal advice as soon as possible.

In addition to No Win No Fee, Lawson West solicitors act for our clients on a variety of other funding arrangements including Legal Expenses insurance funding. We can assess your case to decide which is the best funding option for you.

With offices in Leicester, Wigston and Market Harborough our employment solicitors and lawyers can discuss your employment law claim at any of our branches. In addition, we are a national provider of expert employment law advice and welcome a free discussion with you regarding your circumstances and potential claim.

If you believe you have a situation where you require free legal advice, please contact us on telephone 0116 212 1000 or 01858 445 480, alternatively fill in our Contact Us form and we will get in touch as soon as possible.

 

Equal Pay in the Workplace

Is it time to tackle the problem of equal pay for work of equal worth?

It is considered that individuals doing the same job or work of equal value should receive the same or equal pay; but in many cases they do not, despite the law saying otherwise. Shockingly this is the case with the 1,000 current and former employees of Tesco who back in July 2018 lodged claims to the Employment Tribunal for equal pay.

Tesco’s Equal Pay Claims

In this case the claims are about ensuring that the work done across the various departments within Tesco are recognised as being equal. Having nobody manning the shop floor is as detrimental to the organisation as nobody manning the distribution centre, therefore it is believed that the individual’s roles are of equal importance and thus it should be reflected in their earnings.

The claims largely relate to those working on the shop floor being paid a lower wage of £8 per hour compared to those working in the distribution centres that are paid on average £11.00 an hour.  The argument being that both roles play an essential part towards the overall success and running of the business but this is not being reflected in their pay. To add to the complexity of the case, it could be argued that there is an element of gender discrimination involved too because whilst the shop floor comprises of mostly female workers, the distribution centres are male-dominated.

It is believed that one quarter of a million Tesco employees may be eligible to make a claim. With 1,000 claims having already been made, the number of Claimants is only set to rise. It is estimated that if the claims are successful it will potentially cost Tesco £4bn in compensation because the Claimants will be entitled to back payments in addition to the increased wages moving forward.  This will undoubtedly have major consequential affects on Tesco but as a larger employer they may be better placed than others to absorb such an award.  If these circumstances were replicated in a small to medium size company the impact on such a legal decision could be monumental, potentially forcing many companies to close. 

Making an Equal Pay Claim

The law states that employees can compare any terms in the contract of employment with the equivalent terms in a comparators contract.  A comparator is an employee of the opposite sex working for the same employer, doing like work of equal value. The Equality Act 2010 makes it unlawful to prevent employees from having discussions to establish if there are any differences in pay.

If you discover that you are not being paid equally, your employer is breaking the law. To address this issue about being treated or paid fairly, you can talk, or write to your employer to try to resolve the issue. If this doesn’t work, you should then look to make a claim for lost earnings where an Employment Tribunal will establish if there is sufficient ground for compensation to be paid.

Carrie-Ann Randall from our Employment Department is experienced in presenting such claims to the Employment Tribunal.  Carrie-Ann states “Equal Pay can be a difficult process but not one that should be avoided.  We all deserve the right to be paid correctly for the work we do regardless of gender or the misguided believe on the importance of the role within the organisation”

At Lawson West Solicitors our Employment Department can support you with this type of claim. Please remember there are strict time limits in Employment claims and you should take legal advice as soon as possible.

In addition to No Win No Fee, Lawson West solicitors act for clients on a variety of other funding arrangements including Legal Expenses insurance funding. We can assess your case to decide which is the best funding option for you.

With offices in Leicester, Wigston and Market Harborough our employment solicitors and lawyers can discuss your employment law claim at any of our office locations. In addition, we are a national provider of expert employment law advice and welcome a free discussion with you regarding your circumstances and potential claim. Call 0116 212 1000 for more information. We look forward to speaking to you to discuss your helping with your employment claim.