March 2021 - Lawson West

How to find a good conveyancer?

Posted on March 27, 2021 by Mike

The Law Society’s Conveyancing Quality Scheme (CQS) is a recognised quality standard for residential conveyancing practices. Lawson West Solicitors Limited is an accredited member of the CQS.

Law firms and conveyancing providers up and down the country can apply to the Law Society to seek accreditation. Accreditation means the conveyancing firm has met the quality standards expected by the Law Society for carrying out quality conveyancing work.

Each firm is initially assessed to confirm they meet the high standards of conveyancing practice
Each firm is re-assessed each year to ensure they maintain the standards expected, together with an annual maintenance assessment on a rolling basis
Each firm appoints a Senior Responsible Officer (SRO) who is responsible for the CQS in the firm and ensures that the firm meets the Core Practice Management Standards
Once re-accredited, all conveyancers and the SRO must complete the mandaory CQS training.

The CQS Client Charter – What clients can expect

A key part of the CQS is the Client Charter – this is a set of standards that the conveyancing firm abides by, these include:

When you contact us to discuss your sale or purchase, we will explain clearly the steps in the process and what you can expect from your solicitor
We will tell you what the costs will be
We will keep you informed of progress in your sale or purchase
We will work in line with the quality standards of the Law Society’s CQS

and to:

treat you fairly
be polite and professional
respond promptly to your enquiries
tell you about any problems as soon as we are aware of them
ask for your feedback on our service.

By selecting a CQS-accredited conveyancer, you can be assured of a quality approach. Lawson West Solicitors has been a member of the CQS scheme for over 12 years. Our Senior Responsible Officer (SRO) is David Heys, Managing Director.

Raising awareness of chronic illness at work – 2021

Posted on March 21, 2021 by Mike

The beginning of Spring is often the chance for several national charities to raise awareness of the people who suffer from restrictive or debilitating health conditions.

Many employees across a spectrum of businesses suffer daily symptoms of a chronic illness or condition and it often affects their ability to do their job well.

Many employees find it hard to cope with day-to-day work activities because of their illness and when their employer is less informed about their condition, whether it is PTSD, endometriosis, epilepsy, dementia, diabetes, mental health or the effects of PMDD or menopause, then performance issues can arise from capability expectations that are too high.

A few of the national health awareness days for 2021 are listed below:

March

29 Mar to 4 Apr

April

17-23 May

18-24 May

18 Oct

Endometriosis – March is Endometriosis Awareness Month

Autism – World Autism Awareness Week

Stress Awareness Month

Dementia – Dementia Action Week

Mental Health Awareness Week – MIND charity

World Menopause Day

If you are finding it difficult to discuss your illness-related performance issues with your employer, or you believe you have been unfairly treated or suffered health discrimination, our employment team of friendly lawyers can provide you with expert guidance.

Violence Against Women and Domestic Abuse Bill – in the news !

Posted on March 16, 2021 by Mike

Sarah Everard murder

The murder case of Sarah Everard hit the headlines last week and shone an important spotlight on the hope for a safer world for women to live in. No.10 has responded with immediate action to provide an additional £25m for better lighting and CCTV as well as a pilot scheme which would see plain-clothes officers in pubs and clubs.

Violence is closer to home for many men and women who suffer domestic abuse on a regular basis.

Domestic Abuse Bill & misogyny – changes are afoot

Also in the news this week, there has been mass demonstrations outside Parliament as on Monday as The House of Lords debated changes to the Domestic Abuse Bill, including the subject of misogyny – the hatred for or prejudice against women.

If passed, there are a number of suggested new changes to the Domestic Abuse Bill including two key changes that campaigners want to include:

Tougher sentencing for acts of misogyny – making this a ‘hate crime’ would allow police to keep improved data on what crimes have misogyny as an aggravating factor; and
The call to have a ‘Stalkers Register’ – where police would potentially have a national database and access requiring stalkers to be registered, monitored and supervised. It would hold details of those convicted of offences such as harassment, stalking and coercive control.

The Domestic Abuse Bill debates include suggested changes such as:

the establishment of a Domestic Abuse Commissioner

to prohibit cross-examination in person in family proceedings in certain circumstances
to make provision about certain violent or sexual offences, and offences involving other abusive behaviour, committed outside the United Kingdom; and for connected purposes

as well as the process of how domestic abuse is reported and cases handled in the UK.

Emma Piff, Head of Family Law at Lawson West Solicitors and Resolution Accredited specialist in Domestic Abuse adds to the debate:

“Amidst the irony that this month saw “International Women’s Day”, a day of celebration about all things female, the month has reminded us of the inherent dangers of being female, and that violence, hatred and abuse do exist.

I see many family members who seek advice about domestic abuse, often at the hands of the people they trust most in the world. They have few options, especially if they have children, few friends, no savings and no family members to turn to. Domestic violence can be a terrifying experience to endure and get away from, safely.

I do hope the Domestic Violence Act* is updated for the better and that misogyny and violent crimes against both men and women can be supported with tougher sanctions and new laws. We wait to hear on the outcome from the second reading and final report.”

For Family Law or relationship issues support please contact Emma Piff, Head of Family Law at Lawson West Solicitors.

Family law legislation and news:

The Domestic Abuse Bill

The Domestic Abuse Bill – discussions in progress

*Domestic Violence, Crime and Victims Act 2004

How should I manage problem employees?

Posted on March 10, 2021 by Mike

Sejal Patel, Employment Solicitor, Lawson West Solicitors, Leicester

Employers need to be cautious when dealing with difficult employees. Where an issue arises due to the differing opinions or beliefs of employees, and those opinions or beliefs are protected by discrimination legislation (e.g. they relate to religion, race, sexual orientation, disability, or any other protected characteristic) employers must be careful not to risk themselves to discrimination and/or unfair dismissal claims.

So, what can employers do to protect themselves?

Investigate apparent personality clashes or disruptive behaviour fully. An employee may be acting out for valid reasons e.g. if they are struggling, suffering with stress, going through personal issues, or being bullied. This may affect what action you take in the circumstances, and how you approach the individuals involved or how you discuss their behaviour with them.

If employees are not getting along, consider inviting them to attend workplace mediation, either with a member of your own HR team or an external HR consultant. This will enable the employees to talk through their issues with a view to finding a practical way forward.

It may be appropriate to relocate Consider internal or external secondments, or a sideways move. Discuss this openly with the employees but be careful not to expose yourself to any allegations of favouritism, marginalisation or having demoted someone. If you do so, you will run the risk of the affected employee resigning and possibly claiming constructive unfair dismissal or alleging discrimination depending on the circumstances.

Ensure you have a well-drafted anti-bullying and harassment policies in place (if you do not already) and operate a zero-tolerance approach. There is often be a fine line between personality clashes and bullying/harassment. Therefore it is crucial to send a clear message to all employees. Also ensure you have well-drafted disciplinary and grievance policies as these provide you and your employees with certainty.

Include the correct notice, termination, payment in lieu of notice, suspension and garden leave clause in your employment contracts. This will give you flexibility to terminate an employee’s employment if appropriate.

Employers are advised to have a performance management procedure in place to monitor the performance and development of their employees on a regular basis. It should be rolled out across the entire organisation and not exclude any individuals regardless of their seniority. The meetings are an opportunity for both the employer and employee to discuss any issues, celebrate success, look ahead and set goals. However any issues relating to the development and performance of an individual should be addressed head on in the first instance, if there is no change and the problems persist, it may become appropriate to take disciplinary action.

If you genuinely believe that there is no other option available but to dismiss an employee because of their personality/behavioural issues, implement a fair dismissal process. Document your reasons for the termination, including how their employment is having (and would continue to have) a significant impact on your business, on your other members of staff, your customers/clients/suppliers, and the general workplace morale. More information on when dismissing an employee can be found here:- https://www.lawson-west.co.uk/for-business/services/employment-and-hr-services/pages/dismissing-an-employee

Finally, if you are unsure seek legal advice before taking any action so as to guard against the risk of a disgruntled employee issuing proceedings against you. This risk should not be underestimated.

Our employment team is able to provide you with the necessary guidance and advice to ensure you follow the correct procedures to protect both yourself as the employer and your employees. It can be a minefield, but we can help you navigate your way through it.

We offer no-obligation initial appointments. You can contact the team directly by calling 0116 212 1000 or complete our online contact form

Month: March 2021