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Legal Updates

Are you GDPR ready?

By | Employment, Legal Updates | No Comments

You will recall in January we highlighted how employers needed to get ready for changes to data protection law that comes into force on 25th May 2018. We have already, in our previous update, provided you with some helpful links and the Information Commissioners website continues to provide updated guidance to help businesses. Is your business ready? If not, don’t panic. It is better to start now rather than bury your head in the sand. Here some tips for putting…

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Online divorce now available

By | family, Legal Updates | No Comments

Online divorce is now available on the HM Courts and Tribunal Service website, which is a huge step forward. However, just making the application online does not change anything: ALWAYS get some advice first, even if you conduct the divorce yourself afterwards. When, how and by whom the divorce is started can all have significant implications, and there are certainly hidden pitfalls: putting the form online does not suddenly make it easy. You can see more information about divorce here….

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Woman imprisoned for 7½ years for torturing and starving her boyfriend

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This case involves a 22 year old man was isolated from his family and friends and subject to frequent, horrendous physical and mental abuse. Fortunately the neighbours eventually called the authorities and the ambulance and A&E staff realised what was happening. Otherwise apparently he was 10 days away from being dead. He did not truly realise what was happening was wrong, let alone that it was abuse. It sounds terrible but what is truly shocking is that this is not…

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Update on Shared Parental Leave case

By | Employment, Legal Updates | No Comments

This update follows our update in July last year regarding Mr Ali’s claim of sex discrimination because he was not paid enhanced pay whilst on Shared Parental Leave like those on maternity leave. Capita, the respondent and employer in this case, took this to the Employment Appeal Tribunal (the EAT).  The EAT has upheld their appeal. It stated that the decision of the original Tribunal was based on an incorrect finding that the purpose of maternity leave and pay is…

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The end of “Meal Ticket” divorce settlements

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In 2012 Kim Waggott was awarded £9.76 Million and £175,000 per year maintenance for life. However she applied to increase the amount, and her former husband challenged the original award. The result was the court not only refused to increase the maintenance, but provided for it to end in March 2021. Therefore she lost her lifetime maintenance (and incurred a very large legal bill). Whilst press coverage has been rather lurid, in fact this should not have been a surprise:…

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April updates in Employment Law

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It is the time of year which sees the statutory rates for payments such as maternity pay and sick pay increase, as well as the national minimum wage. See here for our pdf setting out these changes. Employers considering using settlement agreements should also note the changes to the taxation of termination payments. On 6 April 2018, all payments in lieu of notice, even where there is no contractual pay in lieu of notice (PILON) clause, will be subject to…

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When is cancer protected under the Equality Act 2010?

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This case below of Lofty –v- Hamis (EAT) deals with the question of when under the Equality Act 2010 does cancer become automatically deemed as a disability. The Equality Act currently has a Schedule 1 which lists those illnesses and diseases which are automatically deemed to be a disability, therefore attracting protection under the Equality Act. Mrs Lofty was a café assistant and following a biopsy of a blemish on her cheek, she was found to have lentigo maligna which…

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I’m going through a difficult separation: why not share it on facebook?

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On the whole, social media is a useful and effective tool for sharing information between friends, businesses and the world generally. For most, it is a very positive and welcome innovation, which has developed enormously over the past 10 years or so. As the use and range of social media increases, however, so does the tendency to blur the distinction between private and public information. This is an issue that arises frequently in family law, as very few people are…

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Employers get ready for GDPR

By | Employment, Legal Updates | No Comments

On 25 May 2018 the General Data Protection Regulation (GDPR) will come into effect in the UK.  This  is aimed at strengthening and harmonising data protection laws across the European Union.  It is planned that the UK will retain the GDPR following Brexit and has introduced a Data Protection Bill to replace the Data Protection Act 1998. Only last week the Government was encouraging businesses to get ready for GDPR. Likewise, employers would be wise to familiarise themselves with GDPR…

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Pension Attachment Orders – New Rules Bringing New Opportunities and New Threats

By | family, Legal Updates | No Comments

A pension attachment Order is one of the tools available to a Judge dealing with a Divorce, civil partnership dissolution and some other family court proceedings. They were introduced in 1995 and essentially allowed a Court to order that part of someone’s pension be diverted to the other party when it came into payment. That included not only a monthly pension amount on retirement, but also lump sums and some death benefits. Pension attachment Orders were never widely used and…

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