Articles

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.

At Lawson-West our Family Law team deal with a variety of cases that vary in complexity and cost. The following case study is based on a separation where one party earns considerably more than the other, it looks at what factors are important when considering the division of matrimonial assets and in this case, how they are divided.

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.