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Come to Lawson West for ‘Independent Legal Advice’

 

What is Independent Legal Advice?

Independent Legal Advice (ILA) is the advice provided to a client, by a solicitor that is not connected to the transaction in question.

When a party to an agreement will not benefit from the transaction (such as Guarantors), then Lender’s will require those individuals to obtain ILA in relation to the documentation that they will be signing as part of the transaction.

Certificate of Advice

The solicitor providing the advice will need to complete a ‘Certificate of Advice’, confirming to the Lender that they have provided ILA to the relevant individual(s).

The purpose of ILA is to ensure that the individuals know exactly what they are signing.

It is also imperative as part of the ILA process, to ensure that the person signing the documentation has done so without being induced or forced into it by another person (undue influence).

Without obtaining ILA, the agreements in question may not be enforceable by any of the parties that look to rely upon it in the future.

We can provide independent legal advice for the following documents:

  • Personal Guarantees from Directors of a Limited Company (including on mortgages, debentures, loans and bridging loans)

  • Personal Guarantees securing the liability of another individual or company (e.g., of spouses/family members)

  • Joint Borrower Sole Proprietor Mortgages

  • Family Springboard Mortgages

  • Consent to Mortgage by an Occupier (also known as Occupier’s Consent)

 

If you are required to obtain Independent Legal Advice, please do not hesitate to contact Lawson West Solicitors, Dylan Mann, or Nathan Mee. Contact Us.

Euros 2024 Top Tips for Employers: Can I watch the football at work?

Many people will be excited to watch this year’s Euros football spectacle in Germany and follow their team throughout the tournament.

Top Tips and Tactics for Employers

The Advisory, Conciliation and Arbitration Service (ACAS) advises employers to plan ahead and to have agreements in place that would help mitigate them receiving any “penalties” or “unnecessary sending-offs.”

Annual Leave

Employers may wish to look at being a little more flexible when allowing employees time off during this period. This should be done on a fair and equal basis to ensure that employees who are not interested in the Euros are not treated differently and do not suffer a detriment.

Flexibility

Employers may wish to allow their work force to amend their working hours or make an agreement to ensure that time is made up for. ACAS has recommended that allowing staff to listen to the radio or watch the TV may be a further option for employers to take. Employers may also wish to allow staff to swap shifts with others, providing that they have got the permission to do this. Employers should ensure that all staff are treated equally and thus are strongly advised to review policies and procedures when allowing staff to work flexibly.

Use of social media and websites

Many businesses will already have a social media policy in place; however, it is recommended that that employers reiterate their policy and position. Employers may also wish to inform and remind their workforce of the significance of comments on social media during the tournament. This is particularly important if the employee’s social media has links to their work place.

Unauthorised absences and short notice holidays

Due to the unpredictability of a national team’s performance in the tournament, there is a high possibility of employees making short notice requests for holiday. Employers are advised to brief their employees on unauthorised absences and inform of them of any possible consequences.

Drinking in the workplace

Mostly football matches will take place during standard work hours. While it may seem obvious, it is important for employers to remind their workforce that anyone who is caught drinking at work, or is caught to be under the influence in the workplace could be subjected to some form of disciplinary. 

Euros 2024 takes place in Germany between 14 June and 14 July, with no matches scheduled on General Election day, 4th July.

Sejal Patel

Sejal Patel, Employment Law Team 
Lawson West Solicitors, Leicester

“Employers and businesses are under no obligation to allow their workforce to watch the football. However, employers are advised to inform their employees of their policies and implement a clear and fair way to implement the employees’ preferences about the Euros 2024.”

Can I watch the Euros Football during working hours?

But how do you juggle watching all of the games and work? 

Can I demand time off from my manager?

The simplest answer is NO however, there are a few options you could consider in order to get the time off.

You have every right to request the time off as holiday, but this must be done in line with company procedures. If the rules are that you must give six weeks’ notice, then this rule will still apply unless the employer decides to make an exception, but this is completely at their own discretion.

Another potential option could be to swap shifts. This is only a possibility if you work a shift patter and again is in line with the company policy. 

If flexi-hours are permitted at work, staying late, working through your lunch or arriving early could build you enough overtime to be able to leave at a suitable time to watch an awkwardly timed match. 

If you do request flexible working hours, this is something an employer must consider legally. The only issue with this is that the request must be genuine and whether an employer deems football as a genuine reason is very subjective. 

However, as the saying goes ‘if you don’t ask, you’ll never know’.

Could I take a day off ‘sick’ to watch a Euro game?

This is definitely a less favourable approach but certainly not uncommon. If for some unknown reason your employer hasn’t got the tournament on their radar, then you may get away with this but that is highly unlikely. If you are known for a good bill of health and a high attendance record, having days off will be obvious particular if they correlate with certain matches.

When you do have a day off sick many employer’s request information from you about this however, if the time you are off for is less than seven days you do not need to disclose any of this information nor provide a sick note. The problem here is if you are genuinely poorly and there is any doubt surrounding this.

If you were found to have been dishonest this will be noted and may have further consequences in the future. With this in mind it is safest to be open about your intentions and find out what your employer is happy to allow in relation to Euros football.

Some employers might take this as an opportunity to build work morale and encourage productivity with incentives such as time off to watch the final for the employee who generates the most sales in a week. Others may choose to have the games on in the office whilst people are working. All of this is down to the employer and what they are happy to allow.

Juggling work may be a concern to you, however some people will have no interest at all, it is therefore down to the employer to set out the rules and offer the right balance.

Where can I get more information about my rights as an employee?

If you have any questions or concerns about your rights as an employee, speak to Lawson West’s employment team for further advice and guidance. We are national providers of Employment Law advice and have experienced a real variety of claims in the past. With offices in Leicester and Market Harborough, a member of the team can meet you at the office most convenient to you for a free initial meeting. Call 0116 212 100 or 01858 554580, alternatively complete our Contact Us form online and we will contact you directly.

‘Learning and Disability Week’

‘Learning and Disability Week’ is an annual event that takes place during the third week of June. This year’s theme is “Do you see me?” It aims to challenge the barriers faced by people with learning disabilities and to celebrate the valuable contribution they make to society and the workplace.

The campaign seeks to promote greater awareness and understanding of those with learning disabilities.  It is an opportunity for people with learning disabilities to share their experiences and to shine a light on their potential and value which all too often is overlooked.

Head of Employment Law, Kate Lea, explains…

“I was saddened, but not entirely surprised to read on the Mencap website that just 26.7% of adults with learning disabilities are employed, yet 86% of unemployed people with learning disabilities want a paid job. The campaign offers an opportunity to ask why this is and consider what can be done to address this injustice.

I have experience advising clients with a range of learning difficulties.  All of them have shared their desire to work and contribute to society.  All of them have shown how, with appropriate understanding and support, they are able, not just to deliver but excel in their job roles.  However, all too often the understanding and support of their employer and coworkers is lacking, exposing them to unjustified criticism in relation to their conduct and performance and giving rise to the increased threat of disciplinary action and dismissal.

A campaign such as this, which serves to increase awareness of those with learning disabilities to allow them to fully participate in working life gets my backing.

As an experienced employment lawyer, I provide support and guidance to individuals and employers to help them navigate challenges, overcome barriers and help them to achieve their desired outcome, whether that be a return to a safe work environment, a negotiated exit or litigation.

Whatever your aim, my colleagues and I at Lawson West are here to help and support you.”

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