Blog Articles
A recent discrimination case ruling by an employment tribunal in the UK has overturned the dismissal of, and awarded damages to, a female court worker. This has added an interesting stance to our understanding of workplace discrimination, the Equality Act 2010 and to the growing debate on attitudes towards menopause in the workplace.
There is no law that states that a shareholders’ agreement must be put in place when a business is first formed but there are many reasons why it is advantageous. Nobody can predict whether a business relationship will remain harmonious, everybody hopes it will and, in most instances, they do, but what happens when circumstances do change? At Lawson-West a few of our clients have experienced this, it is never simple to solve, and we want to educate individuals and help to mitigate this risk.
In February 2018, two new Orders were placed before Parliament which are set to change the requirements of information on payslips based on the contents of The Taylor Review, published in July 2017, in which recommendations were made to increase the rights of workers. The Orders placed before Parliament follow the recent response from the government to this Review, which, amongst other items, confirmed that they would be introducing legislation to extend the right to receive a payslip to all workers. This all-encompassing ‘workers’ umbrella includes those on casual and zero-hours contracts.
Major changes to employment status are imminent. It is time to review contracts and assess business position in terms of employment law.
In the requirement to review employment contracts for all, we have reached the next stage in plans for the major shake-up of employment law, which began with the Taylor Review of Modern Working Practices- a review requested by the Prime Minister as a reaction, in part, to the growth of the UK’s gig economy.
The Government have recently stated that they will actively contact all potential claimants who are yet to request a refund on Employment Tribunal fees paid out during the 4-year period from July 2013.
The Employment Tribunal refund scheme opened on the 16th November 2017. The scheme enabled those who were charged fees to take a tribunal to court between the 29th July 2013 and 26th July 2017 to apply for a refund.
Does divorce law need updating?
Divorce Law in England and Wales is now over 50 years old. Couples seeking a divorce must spend at least two years separated or one must blame the other for the breakdown of the marriage citing either the adultery or the unreasonable behaviour of the other. Even if both parties agree that the relationship is over, a divorce cannot be obtained on the basis of “irreconcilable differences” as is often thought. So even in those circumstances if a couple wishes to avoid waiting two years from the date of separation before commencing divorce proceedings, one must blame the other.
Dispelling the myth that Stress, Anxiety and Depression are all the same.
Hosted by the Mental Health Foundation, Mental Health Awareness Week is an annual event held to raise the profile of mental health in an attempt to break the stigmas associated with the matter and encourage people to be more open about it.
This year’s focus is towards tackling stress. By tackling stress, we can go a long way to reduce mental health problems such as anxiety and depression and, in some instances, self-harm and suicide.
Is paying mothers and fathers different rates discrimination?
A recent UK court case has shone a light on the complexities of gender discrimination in the context of employment law. The Hextall v Leicestershire Police case arose when a police officer opted to take shared parental leave following the birth of his child, but was paid only the statutory rate, as opposed to the enhanced rate that a mother receives when taking maternity leave.
It’s recently been announced that HRH Queen Elizabeth II will be gifting her property, York House, to HRH Prince Harry and Meghan Markle as their wedding present. Such an extravagant gift is usually subject to Inheritance Tax, but would this be the case for the Queen? This article explores the ways in which taxation impacts Her Royal Highness.
GDPR harmonises data protection legislation within Europe and will update the current regime, which is over 20 years old.
GDPR introduces new rights, larger penalties and new accountability, which means the data controller is responsible for and must be able to demonstrate that they have complied with the relevant processing principles. There are real consequences if it is wrong.
With regard to making Powers of Attorney, this is best done as soon as possible. If you have not appointed an Attorney and you become unable to look after your affairs through; illness, an accident or old age, then your loved ones will have no legal right to look after you in the way you would like, even if you have informally expressed your wishes without having to make a complex and costly application to the Court of Protection.
A Will is a legally binding document that outlines what you want to happen to your estate when you pass away, who should benefit and how.
Subject Access Requests are nothing new and have been part of the Data Protection Act 1988 (DPA) since it was formed. In line with GDPR going live, from 25 May 2018 a new Subject Access Request regime will come in to force with changes being made to the current format.
With the deadline for submitting gender pay gap reports fast approaching, stories relating to the gender pay gap are featuring heavily in the news, almost daily. For firms that meet the criteria, it is a legal requirement to submit the appropriate data in time. Lawson-West’s employment team can help to advise you on how to submit your data as well as advising on other areas of mandatory reporting you must carry out to protect your organisation against any unnecessary fines.
With the first school holiday of 2018 having already taken place, and the Easter break approaching quickly, many parents may be planning their next holiday with their children. But, when parents have separated this may not be an easy task. Consideration needs to be given to how much time the children will spend with each parent which can often lead to disagreements.
Approaching your employer when you have been suffering with endometriosis is a daunting prospect. Apart from coping with the pain itself, getting across what you are actually suffering from can be difficult, if not impossible.
Starting at the beginning is the best option so you understand the condition and can then help your employer to understand too.
These days, Wills and Estate Planning is about much more than simply ‘who do I wish to inherit once I’m no longer around’. There is a lot to think about, and it can often involve some tough decisions. At Lawson-West, we understand this, and have tailored our Wills and our procedures to what we feel is important to our clients.
So what does having a Will with Lawson-West mean?
MEES (short for Minimum Energy Efficiency Standards) originate from the Energy Act 2011. They help the Government in meeting carbon reduction targets. The better the insulation and heating systems, the less amount of heating and energy will be required and therefore, reducing the carbon footprint.
If you own a business or shares in a business, then you might wish to consider planning now and writing your Will in a tax efficient manner to help minimise Inheritance Tax.
There are several ways you can beat Inheritance Tax by giving away assets, setting up a trust or changing your Will. Make sure you pay close attention to the legal details and tax consequences and if you are unsure of anything, one of Lawson West's Wills and Probate solicitors can help you out.
Britain has been thrown into complete chaos as the 'Beast from the East' together with Storm Emma continues to cause havoc across much of the country. With many people unable to get to work, what impact does the adverse weather have on an employee's rights?
At Lawson-West our Employment team are extremely knowledgeable about employee's rights, so if you need advice about the disruptions the weather has caused you, contact us today and find out how we can help.
The annual update to employment tribunal limits has been released and from 6 April 2018 will increase.
Our employment team at Lawson-West have dealt with many employment tribunals in the past and have a vast amount of knowledge to be able to advise you on how to make a claim successfully.
The latest and seemingly final edition of the long running battle between Gary Smith and Pimlico Plumbers was deliberated in the Supreme Court last week. For a breakdown of the preceding Court of Appeal decision see here: http://www.lawson-west.co.uk/articles/pimlico-plumbers-b0576a93-ee94-4d10-b75c-f58aedc8eb8d. The finding of worker status was based on the lack of an effective right to substitution and the level of control that was exerted by Pimlico.
If you are a tenant in a former council property that has been transferred to housing association ownership, or a council tenant, you may be eligible to purchase your home at a discounted rate. Known as Right to Buy.
By instructing Lawson-West to deal with your divorce or separation you know that you are going to receive the very best legal advice and representation from a team with a combined 50 years’ experience.
At Lawson-West we understand the sensitive nature of divorce and separation, especially when children are involved. Despite a divorce ultimately being between two people, we believe where children are involved they must come first.
Depending on the age of the child, their awareness of the situation and understanding of the outcome is going to vary massively. Trying to get your own head around what is happening might seem difficult enough, but you must remember the children are equally affected by what is going on too and you need to put their needs first.
With most mortgage lenders requiring a minimum of 70 years left on the Lease at the date of completion, you may wish to address the issue of extending your Lease before is becomes a necessity.
Lease terms which have been left to decrease can cause owners severe headaches when they come to sell or mortgage their property. If left until a sale or mortgage is required, the burden of additional costs and time will be added to what is already considered a stressful situation. The sale price of the property is also likely to decrease in line with the risk of purchasing a short term lease.
At Lawson-West we can help you and your organisation to understand the importance of pregnancy and maternity rights within the workplace.
Often individuals suffer from multiple complaints that could in essence be considered as a Disability in accordance with the Equality Act 2010. Recently, colour blindness has been determined within the Employment Tribunal as an impairment, but the Claimant’s red-green colour blindness could not be considered a disability under the Equality Act 2010. Cases such as this could leave many wondering whether or not they have the right to make a disability claim.
A Will is a document that you create, and it details who is to benefit from your estate on your death. A Will is a document that should ideally be drawn up by a solicitor. This is due to the potential complications that can arise from homemade Wills. These include invalidity, unclear instructions and accidental beneficiaries. It is highly recommended that you see a solicitor, especially if you have more than one beneficiary in your Will.
Equal pay for equal work and equal pay for work of equal value. These are the two key concepts that underpin UK legislation in regard to pay equality.
They are things that sound simple, but the latter point about work of equal value is where the controversy and confusion arises. What is work of equal value is a question that is being argued in a number of high profile recent cases, involving such mammoth employers as the BBC, ASDA, Sainsbury’s and Tesco.
A new Government scheme is managing partial refunds to people who were overcharged when paying the registration fee/s for Lasting Power of Attorneys (LPAs) between 1/4/2013 and 31/3/2017.
The breakdown of a relationship isn’t something people really want to think about, but with 42% of marriages ending in divorce, this is a reality for a lot of people.
If the worst was to happen, and you and your partner were unable to reconcile, the next step is seeking advice and finding a solution that is best for you.
Alistair Dobson, head of the Lawson-West Family department, has provided some advice for things to consider before instructing a Solicitor.
The Court of Protection and its powers is an area I am advising clients on more and more. I was recently asked to dispel some common urban myths surrounding the Court of Protection for the benefit of my colleagues, and I realised that there were no urban myths because the Court of Protection was not common knowledge.
In December 2017 the Law Commission announced that one of its consultation areas would be Chancel Repair Liability.
What is Chancel Repair Liability?
It is a legal obligation on some property owners in England and Wales to pay for certain repairs to a local church. Homeowners have found themselves with a large bill to pay for repairs, under a medieval law which dates back to the time of Henry VIII.
The deadline for private and volunteer sector companies with 250 or more employees have until 4th April 2018 to publish their first gender pay gap reports.
The process of making a Will does not have to be as complicated as you may think. Don’t think of it as morbid instead think about it as another insurance policy or as making provision for the future.
Workers who are aged18 and over are entitled to 3 types of break - rest breaks at work, daily rest and weekly rest.
The growing price of property has resulted in 1 in 6 newly divorced couples having to continue living in the same house – a figure that has increased since 2014 when it was 1 in 10.
A recent case that was heard at an Employment Law Tribunal awarded a former restaurant worker nearly £9,000 to compensate for the discrimination she faced at work and the lack of professionalism shown by management when she raised a grievance.
We recently had an enquiry from a client who is a 50% shareholder, director and employee with her business partner in a company. Although the relationship was good when the company was formed two years ago, it has since turned acrimonious, both parties have separate goals and aspirations for the business and are not on speaking terms.
Today (Monday 8th January) is the day coined ‘Divorce Day’ by the media. This essentially means that this is the day people are most likely to make the call to a law firm or carry out internet research in order to find out more about the process of divorcing or separating from their spouse or partner.
The revised Electronic Communications Code, now known as The Digital Economy Act, came into effect on the 28th December 2017, it changes the rights under the Telecommunications Act 1984.
As well as being disruptive, the passenger also reportedly breached the airlines terms. This case highlights the importance of reading the small print and making sure you fully understand any terms and conditions that you have entered into be it in a business transaction or social pursuits.
The amount of paternity pay new fathers are eligible to claim could change forever depending on the result of an Employment Appeal Tribunal. The case is being bought by a father who took paternity leave after his wife was advised to return to work after being diagnosed with postnatal depression after the birth of their daughter.
There is a story in the news today (19/12/17) that has revealed there are properties in certain UK cities and towns that require a fairly low deposit meaning it is easier for first time buyers to get on the property ladder – and one of these places is North West Leicestershire.
The Purpose of a Lasting Power of Attorney (LPA) is to give the legal authority to a person/s of your choice (called your Attorney(s)) allowing them to make important financial decisions on your behalf if you lose capacity and are unable to make these decisions yourself.
A Freedom of Information request to local authorities revealed child employment permit requests have dropped 1/5th in five years. 23,071 were issued in 2016 compared to 29,498 in 2010.
When the former dance partner of a 70 year old Berkshire woman passed away, she expected to receive a large pay out from his Will as they had lived together as ‘man and wife’ for over seven years.
Whether it's Christmas holidays, summer holidays or any other holiday time, for separated parents making arrangements to spend time with their children can prove to be very difficult. It is important to try and make these arrangements as soon as possible in the run up to any holiday period.
Finally the Chancellor spreads some of his pre-Christmas cheer on first time buyers! During yesterday’s 2017 Autumn Budget, the Chancellor Philip Hammond axed stamp duty for first time buyers who are purchasing properties up to £300,000.
