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Legal Updates

Update on reasonable adjustments

By | Employment, Legal Updates | No Comments

Under the Equality Act an employer must take such steps as are reasonable where a provision, criterion or practice (PCP) puts a disabled person at a substantial disadvantage in comparison with those who are not disabled. This reasonableness test is objective and is to be decided by the Tribunal – which is unusual in employment law as Tribunals are not normally allowed to substitute their own opinion. The recent EAT case of Mrs M Linsley v HMRC looked at how…

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How to avoid a dispute arising from bailment

By | Legal Updates, Litigation | No Comments

From the hire of company cars to the shipping of goods, the term ‘bailment’ encapsulates one of the most common forms of legal relationship for those operating a business. Patrick Jenkins, commercial dispute resolution expert in our litigation department, says that ‘bailment is also a term which is often unfamiliar even to those who are unwittingly subject to its rules, that is, until a dispute arises.’  He explains the rules around this unfamiliar term and what can be done to…

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April 2019 employment rates and limits

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Quick reference: Rates and Limits A guide to the current rates and limits. Most of the rates set out below are updated yearly. Maternity, paternity and adoption From 7 April 2019 Statutory maternity, paternity and adoption pay £148.68 per week     Sickness From 6 April 2019 Statutory Sick Pay £94.25   National Minimum Wage From 1 April 2019 Age 21 and upwards £7.70 per hour Age 18 – 20 £6.15 per hour Age 16 – 17 £4.35 per hour…

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Top tips for first-time buyers

By | Legal Updates, Residential Property | No Comments

The number of first-time buyers is at its highest for ten years, accounting for 51 per cent of the market despite rising prices and record deposits according to the Halifax.  If you are thinking about taking that first step onto the property ladder, the legal aspects of ownership may be the last thing on your mind.  However, taking a little time to think about these issues will help make sure your hard-earned money goes as far as possible, Rosie Taylor…

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Whistleblowing – where are we now?

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We take a look at the current protection for workers under the whistleblowing protection The Employment Rights Act prohibits dismissal or detrimental treatment because a worker has raised a protected and qualified disclosure. In order for a worker to gain protection, they need to have made a protected and qualified disclosure which must include: A disclosure of information A reasonable belief that one of the following areas of malpractice has, or is or is likely to take place: Criminal offence…

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Problems entering a neighbour’s land to repair property

By | Legal Updates, Litigation | No Comments

There are many reasons you might need access to your neighbour’s land to repair or maintain your property and it can be difficult to know what to do if your request for access is refused. The general rule is that to go onto someone else’s property you need their permission, but there are exceptions that can be relied on where consent is proving tricky to obtain.  A property disputes lawyer will explain the position in your case and guide you…

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Employer’s knowledge of disability

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In this recent case, Lamb v The Garrard Academy UKEAT/0042/18 , it highlights the complex area of disability discrimination and the knowledge of the employer. Employers should seek medical advice for those employees on long term sickness absence, and cannot claim to not have knowledge if, on the facts, it is clear that they should have known the condition would meet the definition of disability. The law Employers have a duty to make reasonable adjustments for employees who are “disabled”…

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The Christmas party – a note for employers

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It is the season when some businesses are planning their office Christmas party and a time for employers and employees to relax and enjoy themselves.   However, responsible employers will have to give some consideration to their staff’s health and safety, especially where alcohol is to be consumed.   This is because of what is known as “vicarious liability”.  It is where an employer can be held liable for the actions of an employee where they are committed “in the course of…

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The tricky relationship between sick leave and holidays

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When an employee is absent through illness, one thing that can be forgotten is the right to holiday. Firstly, a worker accrues holiday even whilst absent through illness. This is especially important to remember if a worker is absent for a long time. A worker is also able to request to take holiday whilst they are absent due to illness. For those on long term sick, they need to use up their holiday entitlement in the relevant leave year.  It…

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Yet another ‘status’ case…

By | Employment, Legal Updates | No Comments

Addison Lee Ltd v Lange and ors is the latest case looking at status, which is whether someone is self-employed, a worker or an employee. Background Addison Lee Limited is a professional private hire firm, using about 4,000 drivers to service the needs of both commercial and private customers. The three claimants in this case were drivers within the private hire business. They brought claims against Addison for holiday pay and for the the national minimum wage which meant they had…

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