March 2022 - Lawson West

Employment: P&O Ferries looks to ‘compensation packages’

Posted on March 29, 2022 by Mike

The Ferry Company P&O is facing significant reputational and financial damage in the Courts after they dismissed 800 members of staff with immediate effect on 17th March 2022.

It has been reported that P&O Ferries has dismissed staff and replaced them with agency workers.

It appears that the company is trying to avoid the need to renegotiate terms with existing members of staff and their representatives.

The 800 staff members which have been dismissed are eligible to pursue claims for unfair dismissal should they wish to.

What is the law for group dismissal?

When dismissing more than 100 members of staff at once an employer must carry out a minimum of 45 days collective consultation with trade unions/elected employee representatives. If an employer fails to carry out such consultation, then staff can take the matter to the Employment Tribunal. If the employee is successful, the employer would have to pay up to 90 days full pay for each employee.

The failure to follow the consultation process, it is highly likely that the members of staff who were dismissed will succeed in their Employment Tribunal claims as the dismissal would be found to be procedurally unfair.

What will the dismissed staff do next?

P&O Ferries has said that those who have been dismissed will be compensated for the lack of notice with enhanced “compensation packages” in order to compensate them for the lack of warning and consultation. If the package offered by P&O Ferries is equivalent to 90 days pay on top of their redundancy package and notice, this is what the staff would be awarded before an Employment Tribunal should they succeed in their claims. Therefore, employees will need to make serious consideration as to whether it will be worthwhile accepting the enhanced terms or whether they should pursue the matter before the Employment Tribunal.

An end to Fire and Re-hire Schemes? Read more about the:
Employment and Trade Union Rights
(Dismissal and Re-engagement) Bill and
Government’s second reading of the Bill in the House of Commons

Vaishali Thakerar, Director and Head of Employment
Lawson West Solicitors, Leicester

“P&O Ferries obviously had their reasons for making the redundancies at this time and thinking it was acceptable to do so in the manner in which they carried them out. The fall-out of the way in which the dismissals were made and announced has clearly been reputationally catastrophic for the business, a business which has been operating for over 180 years in ferry travel and recognised for putting customers at the heart of everything they do. When the government steps in and says the workers’ treatment was “wholly unacceptable”, you have to ask yourself why a different approach was not adopted.”

At Lawson West we are experienced employment lawyers acting for small, medium-sized and large businesses. If you need any advice on redundancies, consultation or enhanced packages/settlement agreements, then please do contact Lawson West Solicitors on 0116 212 1000 and we would be more than happy to give you specialist advice in this area.

Living with Covid: employers and employees get to grips with Covid in the workplace

Posted on March 25, 2022 by Mike

With the legal requirement to self-isolate having ended, employers will once again have to create and apply new rules to their workplaces. Rather than legislation, voluntary guidance now simply “advises” people with COVID-19 not to attend the workplace. Employers should therefore consider how they create and apply these new policies in a fair manner, which is also safe for staff members and visitors, especially anyone that is clinically vulnerable.

Due to the existence of these new rules, there is the risk of presenteeism arising – presenteeism is the culture of employees continuing to work, despite having reduced productivity. In this instance, and many others, the main cause of this reduced productivity is illness. Since the beginning of COVID-19, there has been a general drop in presenteeism as a result of employees being forced to self-isolate and remain home if feeling unwell. It appears generally that attitudes to calling in sick have changed.

Employees tend to be inclined to attend work whilst unwell as a result of financial pressures. The current statutory sick pay is £96.35; this means that for many people in England, taking sick leave may mean bringing home less, or sometimes no, money whatsoever. With the removal of the requirement to self-isolate, the government has, alongside this, removed the COVID-19 provisions for statutory sick pay and employment and support allowance regulations. In addition, anyone that voluntarily decides to self-isolate, but cannot work from home, will in the majority of cases end up with a loss in pay. This is concerning as people will no longer be financially supported to stay at home if they are ill.

Employers will also face issues with having to develop their own health and safety policies. The Health and Safety at Work Act 1974 states that employers are responsible for ensuring “as far as reasonably practicable” that both employees and non-employees are protected from workplace risks. The Equality Act 2010 also requires employers to make “reasonable adjustments” for disabled employees to protect them against discrimination

Presenteeism is not beneficial for the unwell employee, neither is it beneficial to an employer’s company. Outbreaks of COVID-19 in the workplace pose risks to the running of a business, along with an impact on the operation of services due to sickness absences. To counter this, employers should consider implementing policies across their companies to encourage self-isolation and a fair rate of pay when employees are infectious with COVID-19. If this is not possible, any particularly vulnerable employees should undergo individual occupational health risk assessments, which look into putting in place reasonable adjustments. Examples of this could include minimising/capping the amount of employees present in the workplace at the same time, making sure that any workspaces are properly ventilated, and considering the usage of face masks where appropriate.

Employers will also need to think about things such as whether their employees are vaccinated. Whilst the majority of UK adults have had both of their COVID-19 vaccinations, around one in three adults have not come forward for a booster vaccine.

Data has shown that boosters are key to reducing the risk of serious illness from COVID-19, as well as hospital admissions. Employers will have to work alongside their employees in order to encourage the uptake of the COVID-19 vaccination. However, this is not easy, especially with the government having reversed their policy of healthcare workers being compulsorily vaccinated in order to remain in employment. It is suspected that COVID-19 levels will remain tolerable during spring and summer of 2022. Yet by winter it is expected that there will be a seasonal increase in respiratory viral infections, coinciding with decreased population immunity, increasing the risk of COVID-19.

Losing the progress which had been made in respect of presenteeism will not only be a step back generally, but will also place those who are most vulnerable at a greater risk. Mandatory self-isolation having ended, with financial support packages being removed at the same time, means that the government is not properly supporting people in protecting themselves and others from COVID-19.

We look with interest to see what happens with Covid as 2022 unfolds, especially if cases are starting to rise again from the BA.2 Omicron variant and people are no longer wearing face masks.

Satinder Kaur, Employment Team
Lawson West Soliciters, Leicester

Our Employment Solicitors are available to provide the appropriate advice and guidance in relation to any aspect of Covid or employment law.

Please contact us on Tel: 0116 212 1000 or 01858 445 480, alternatively complete the free Contact Us form here and we will get in touch as soon as possible.

15 Memorial Ideas: ashes and beyond

Posted on March 25, 2022 by Mike

Losing a loved one is difficult, and sometimes one may find that the small things may be just as distressing as the initial loss: the loss of someone on the other end of the phone, the loss of a friendly face to meet with at the weekend. The loss felt when your loved one is missing from the Christmas table, or their seat at the big game.

It is often helpful for the grieving process to memorialise your loved one. Below are a few ideas on how to do so:

1. Grave / Headstone

The traditional burial or cremation of a body deserves a headstone or plaque. A cremation does not halt a burial place, as ashes can be interred in the ground, leaving a visiting place for relatives to go and remember all the good times. Graves and Headstones come in all shapes and sizes and can be as elaborate (or as classic) as desired.

2. Scattering

Scattering of ashes is also a well-known option, and there are so many options available now for places to scatter. Favourite places may include your garden, your relative’s favourite park (check you have permission from the landowner first) or the ocean. Other, more unusual ideas, include scattering ashes during a skydive, scattering ashes outside a plane, launching ashes into space, or even sending ashes to the Moon!

3. Plant a Tree

Planting a Tree in memory of a person is a lovely idea, especially to see the plant blossom as the years progress. Ashes of your loved one can even be placed in a bio-urn to feed the tree as it grows. Alternatively, bio-pods also exist for those who do not wish to be cremated, allowing the continuation of this beautiful tradition.

4. Travel the world with ashes

You are allowed to travel with human remains, and you may wish to complete your bucket list with your loved one literally with you.

5. Memorial Bench or Plaque

Memorial benches or plaques in a loved one’s name are a great way to remember them, whilst also offering a place to visit for family members. Many charities will offer plaques for long-standing donors to their cause, or following a legacy left in their Will.

6. Portrait / Sculptures

Ashes can be intertwined with different mediums to create various art forms: perhaps you would like the ashes mixed with paint to create a portrait of your loved one, or resin to create a sculpture.

7. Vinyl Record

Following on from the mixing of ashes into mediums, you can even have ashes mixed with the plastic used to create vinyl records – a must for a music lover!

8. Stained Glass

Amongst the other various options, ashes can even be mixed into glass to create a beautiful stained-glass window for your home.

9. Tattoo

Ashes can also be mixed in with tattoo ink to create an everlasting memory of your loved one, to always remain with you. This is a great idea if you only have a small amount of ashes, or perhaps if all the family wish to get a small memorial tattoo.

10. Jewellery

Another common idea is to create diamonds and precious gems with ashes in, to be displayed or worn as jewelry.

11. Reefs

For the sea-loving loved ones, ashes can be mixed with cement to create man-made reefs on which coral will grow and maintain and house marine life.

12. Fireworks

Should your loved one wish to ‘go out with a bang’, ashes can even be placed into fireworks, and shot into the sky for a beautiful display and memorial shindig.

13. Memory Bears

A keepsake memory bear can be made from a loved one’s clothes or from material that is sentimental to you and is a unique way to remember someone special.

14. Yearly Gathering

Family and friends might like to gather once a year to remember your loved one, providing the chance to celebrate the life of your loved one every year.

15. Scrapbook/Memory Box

When your loved one passes, you may find yourself with hundreds of photographs, and be wondering where to put them. A scrapbook or memory box can be the ideal place to store these photographs, and keeping it nearby means you can relive the memories at any moment that suits you.

As you can see, there are various ways to remember a loved one. If you’ve recently lost someone and need advice on the next steps to take, please do not hesitate to Contact Us.

Whilst all the above are lovely options, if you want something more unique, the idea of Mike Tolkien leads the way…

The Story of the Tolkien Brothers

On the 28^thJanuary 2015, Mike Tolkien, one of the great grandsons of the famous writer J.R.R Tolkien, passed away. Having grown up on the stories of their great-grandfather, in the years prior to his death, Mike and his brother Royd, set out to use the time they had left to explore the world. After Mike passed, it became apparent he had produced a bucket list of 50 tasks for his brother, Royd Tolkien, to complete.

Having received the bucket list after Mike had died, Royd set out to complete the tasks set by his younger brother. The tasks included various tests, including getting a tattoo and bungee jumping, whilst also challenging Royd to trip over at Mike’s funeral, a task he completed successfully.

The trials and tribulations in completing this bucket list are documented in the book “There’s a Hole in my Bucket: A Journey of Two Brothers”, and after reading, you may find yourself inspired to do something similar.

Memorials in the News

Williams Collins‘ giant memorial in Sheffield built without permission.

Fixtures, fittings and chattels – what is the difference and why do they matter?

Posted on March 21, 2022 by Mike

What are Fixtures and Fittings in property?

The term “fixtures and fittings” is often used when buying, selling or leasing property and knowing the difference is vitally important so as to not cause contractual issues during a sale or when returning a property to a Landlord at the end of a Lease and for tax purposes.

Where there are items on the land, these will either be classed as fixtures or fittings (chattels). However, it is not always easy to determine whether an item is a fixture, fitting or part of the land itself.

Why do they matter? Avoiding a property dispute

To avoid disputes, parties should take care in clarifying those items that they are to remove in a sale as early as possible to make clear what will be left and what is included in the purchase price.

Understanding the difference between fixtures and chattels is important when it comes to repairing obligations in a lease as, a commercial lease covenant for the Tenant to keep the Landlord’s fixtures and fittings in good repair and condition means the tenant may have to spend money on maintaining, and even replacing, them.

Issues can also arise where a tenant is exercising a break clause in their lease, if the Tenant doesn’t remove all their items they may not have complied with the conditions of their break clause and will be stuck in their lease and/or face a dispute with their Landlord.

So, what is a fixture or a chattel?

Fixtures

The general presumption is an item “attached” to the land or a building on the land, is a fixture and, therefore, part of the land or building itself. However, this will depend on:

The degree to which an item is annexed/affixed to the premises – how firmly is it attached? Would it be easy to remove the item without destroying it entirely?
Why it was annexed – was this done for a temporary reason or a permanent one? Was the item attached to enhance the land or building (usually making it a fixture), or for the benefit of the occupier of the land or building as opposed to for the benefit of the land or building itself (usually making it a chattel)?

Examples of fixtures include light fittings, radiators, integrated appliances, sinks and plug sockets.

Fittings and Chattels

Chattels are anything that is not classed as a fixture – these are items which may be attached to the property but can be moved and are not treated as being part of the land. They are also referred to as “contents” and that’s a more helpful way to think of them. Although the phrase “fixtures and fittings” is commonly used, strictly speaking, the word “fittings” has no legal meaning and “chattel” is used instead. Examples of chattels or “fittings” are shelves, pictures and free-standing furniture.

Part and parcel of the land itself

Items which have become an integral part of the building and are completely part of the land, or part of the structure are considered to be part of the actual land itself Examples of this are doors or windows etc.

How does this work in practice?

There have been lots of cases on this issue. Some of the more interesting decisions made by the courts have been as follows:

If an item is securely fixed to the property (for example, by screws or nails), it is presumed to be annexed to the property and you have to consider the reason it was annexed.
Items not fixed to the property/land but rest on their own weight are presumed to be chattels. However, if the item in question is integral, it may be a fixture – both the item and property/land will need to be looked at to determine which category the item fits into. The following have all been held to be chattels: paintings, fitted carpets, a bottle rack fastened by a screw to two wall hooks, and transformers weighing in the region of 100 tonnes (that rested on their own weight), advertising boards, alarm system, lifts and video door systems.
Skylights, locks, doors, bars and key bolts, have all been held to be part and parcel of the land.

What action needs to be taken?

Our expert property lawyers will always discuss this with you to make sure that the documentation clearly sets out what is included in any sale, purchase, or tenancy of a property. We are happy to advise on you on whether an item is a fixture, fitting or chattel.

Rebecca Beswick, Head of Commercial Property, Solicitor
Lawson West Solicitors, Leicester

This article is a brief introduction to chattels, fixtures and fittings and is not intended to be legal advice and cannot be relied upon or applied to any set of circumstances. For further guidance, please contact Lawson West Solicitors Limited.

Month: March 2022