News & Events

Protection for employees who “Blow the Whistle”: changes for 2013

By on June 13, 2013 in Legal Updates

Following a number of scandals in the 1980’s and 1990’s such as the Maxwell scandal and the Piper Alpha explosion, it was decided that protection was needed for those workers who previously were too scared to ‘blow the whistle’ on the wrongdoings of their employers. 

This led to the Public Interest Disclosure Act 1998 (PIDA).   This gives workers protection from being dismissed for making what is referred to as a ‘protected disclosure’. They are also protected from being subjected to a detriment i.e. being treated unfavourably because they have made a protected disclosure.  If an employee makes such a claim in the Employment Tribunal it is known as a ‘whistle blowing claim’.

There are a number of hurdles a worker must overcome to secure this protection and one more has been added as of 25 June 2013 by the Enterprise Regulatory Reform Act 2013 (ERRA).  This is the requirement that the disclosure must be ‘in the public interest’.   This is not currently required and so an employee could argue that a breach of a legal obligation (a possible qualifying disclosure under PIDA) could be a breach of their own contract of employment.  It was deemed by Parliament that this was not what was intended by PIDA, hence the new requirement that the disclosure is in the public interest.  How Tribunal’s interpret ‘in the public interest’ remains to be seen.   It’s worth noting that a protected disclosure could still be a breach of the employee’s contract of employment if it is in ‘the public interest’. 

Other amendments to the ‘whistle blowing’ legislation are:

  • The disclosure must no longer be made in ‘good faith’ but if the Tribunal believes it was made in bad faith, compensation can be reduced by 25%
  • Employers can be liable for acts by its employee where that employee subjects a fellow employee (A) to a detriment because A blew the whistle. This is known as vicarious liability and it is due to come into force in summer 2013, later than the above changes.

‘Whistle blowing’ claims by employees against their employers are not the most common type of claim. However, since employees now need two years’ service to bring a claim for unfair dismissal (if employed after 6th April 2012) some employee’s may try to circumvent this barrier by introducing whistleblowing claims as there is no service requirement in order to bring such a claim. Further, there is no cap on compensation for whistleblowing claims.

The ERRA 2013 brings in a whole host of other changes to employment legislation, including changes to the Agricultural Wages Board.

If you have any concerns about employment issues in your workplace or you are an employee concerned with how you are being treated, please feel free to give us a call so we can have an initial chat to see how we can help you.  You can contact Linda Wilson or Simon Arneaud in the Petersfield office on 01730 268 211.

Agricultural Workers Board to be abolished: What should employers consider?

By on June 13, 2013 in Legal Updates

The abolition of the Agricultural Wages Board (AWB) on 25 June 2013 means agricultural workers will be treated the same as other workers.

The Agricultural Wages Board currently sets minimum wages and other terms for agricultural workers in England and Wales.   The Enterprise Regulatory Reform Act 2013 (ERRA) will abolish the Agricultural Wages Board with effect from 25 June 2013.  This will mean the current Agricultural Wage Order, which sets the minimum wage and other terms and conditions, will remain in place until 1 October 2013.  After this date, agricultural workers will be covered by the National Minimum Wage (NMW) and further legislation will be passed to bring the agricultural workers within the remit of the Working Time Regulations (WTR). The WTR cover matters such as rest breaks and currently agriculture workers can be exempted from some of the regulations.

If you employ agriculture workers you should consider the following:

  • After 1 October 2013 you and your workers will still be bound by any contractual arrangements you may have provided those contractual terms give your worker the minimum provided in the legislation e.g. not less than the NMW. For new workers after 1 October 2013 you are likely to require new or amended contracts of employment.
  • Be aware of the NMW and the Working Time Regulations and assess your current working arrangements

We can help reassure you: perhaps you just want to know where you stand with regard to these forthcoming changes, or you need some new contracts of employment?  If you have any queries regarding this, please call Linda Wilson on 01730 268 211.

Breakfast Briefing – “Managing a Fair Dismissal”

By on June 12, 2013 in Announcements, Events

Cox Manning in conjunction with MacDonald Oates LLP will hold a Breakfast Briefing in Petersfield Festival Hall on Tuesday 9 July.

For more information and to reserve your place please click on the link below:-

Managing a Fair Dismissal

 

 

 

 

 

Success for MO Cyclists at Charity Ride

By on June 12, 2013 in Charity

 

The MacDonald Oates Team stay together

MacDonald Oates Cyclists took part in LiDBA Charity Bike Ride at the weekend and crossed the finishing line in a magnificent 7th place, every member of the team having ridden the 25 mile course in a little over one hour.

 LiDBA is a very successful annual Charity Bike Ride and one of the many Charity Events that MacDonald Oates is proud to support.

 

The MacDonald Oates Team

Disclosure and Barring Service: New Update Service

By on June 10, 2013 in Legal Updates

The Disclosure and Barring Service (which replaced the Criminal Records Bureau and Independent Safeguarding Authority at the end of 2012) has launched its new Update Service available from 17th June 2013.

Normally employers are restricted in asking job applicants about spent convictions, but for certain jobs that need a DBS check this rule doesn’t apply. DBS checks may be needed for jobs such as working with children or in healthcare.

Job applicants will pay a fee of £13 a year, in exchange for which prospective employers can carry out a free ‘update’ search to check their DBS certificates remain valid/up to date.  This is cheaper and quicker for employers but the employee bears the cost.

For more detailed guidance, do visit the DBS website which also has helpful employer and applicant guidance.

Employee successful with victimisation claim after 7 tribunal claims

By on June 10, 2013 in Legal Updates

We take a look at the recent case of Woodhouse v West North West Homes Leeds.

Mr Woodhouse is black and over a number of years he lodged ten grievances and brought seven employment tribunal claims against his employer.  Many of these complaints were found to be “empty allegations without any proper evidential basis or grounds for his suspicion”.

Eventually the employer dismissed Mr Woodhouse because of a breakdown in trust and confidence.  Mr Woodhouse claimed victimisation i.e. he was treated unfavourably because he had done a protected act, that being claiming race discrimination. The Employment Tribunal held this was not victimisation because the employer would have dismissed any employee who had acted in the same way.

Mr Woodhouse appealed and the Employment Appeal Tribunal agreed with him.  The grievances and tribunal claims were ‘protected acts’.  He was dismissed because he made those protected acts.  There was no suggestion of bad faith which would have prevented the grievances amounting to protected acts.  Since he was dismissed for making protected acts, his victimisation claim succeeded.

This case highlights that an employer cannot dismiss an employee who makes misguided complaints about discrimination.

If you feel your business and managers would be benefit from some training on discrimination, delivered by a specialist employment lawyer, please call Linda Wilson on 01730 268211 at our Petersfield office and she would be happy to discuss your requirements.

Why you should register your unregistered land after 12 October 2013 and how we can help now

Posted on June 4, 2013 in Legal Updates

England and Wales currently have two systems of how land is held: registered land and unregistered land. If your land is registered, the title to your land is held electronically at the Land Registry. If your land is unregistered, the title to your land will be in deeds dating back several years.

The Land Registry is in the process of ensuring all land in England and Wales is registered. When a trigger event occurs (e.g. a sale) then the land must be compulsorily registered.

You can voluntarily register your property at any time. There are many advantages to this including:

  • Security for you as registered title is guaranteed by the state. There is also no need to worry about deeds being lost.
  • Any defects or issues with your deeds will be brought to light on first registration and can be dealt with now. This is much better than trying to deal with them during a sale.
  • The extent of your property will be shown clearly on a plan.
  • It is much simpler to prove your title as you can download it electronically from the Land Registry.
  • Registered land offers more protection against squatters as it is harder to claim adverse possession against registered land than unregistered land.
  • The conveyancing transaction can take longer if unregistered land is involved. Many buyers solicitors now request first registration by a seller prior to exchange of contracts.

Changes in the law regarding chancel repair liability (a liability on some property owners to fund church repairs) mean that is it advisable to send the first registration application to the Land Registry after 12 October 2013. Once the first registration has occurred, this will ensure that a notice cannot be put on your title regarding chancel repair liability. We can prepare all the documentation now and then hold it in readiness to send to the Land Registry after 12 October 2013.

If you wish to speak to someone regarding registering land then please call either 01730 268211 (Petersfield) or 01730 816711 (Midhurst) and ask to speak to a member of the conveyancing team

Will Aid 2012 – Wills, Trusts and Probate team at MacDonald Oates

By on May 3, 2013 in Announcements

The Wills, Trusts and Probate team at MacDonald Oates LLP took part in the nationwide Will Aid campaign again in 2012. Under this scheme, the specialised team at the firm prepared Wills for clients in the month of November in exchange for donations to Will Aid. This campaign supports a broad range of charities, both in the UK and overseas, including Action Aid, Save the Children, Trocaire, Sightsavers, NSPCC, Age UK, SCIAF, British Red Cross and Christian Aid.

Having raised almost £20,000 for Will Aid since 1998, MacDonald Oates LLP raised a total of £2,970 in 2012 while preparing Wills in both the Petersfield and Midhurst Offices in exchange for client donations.

The Wills, Trusts and Probate team provide clients with a tailored and dedicated service and this year’s campaign allowed our valued clients to make vital provision for those closest to them having received personalised advice from the team at MacDonald Oates LLP. The team includes members of nationally recognised STEP (The Society of Trusts and Estate Practitioners) and SFE (Solicitors for the Elderly), ensuring that the highest level of legal service and up to date advice are available.

Many new clients visited the offices of MacDonald Oates LLP to take part in the scheme and the staff were pleased to be able to share the firm’s culture of professionalism coupled with social responsibility when supporting the Will Aid campaign once more.

We have a number of specialists who can assist clients in the preparation of Wills, Powers of Attorney, Elderly Client and Probate work and if you wish to know more about our services please refer to the Wills, Trusts and Probate team or call 01730 268211 (Petersfield) or 01730 816711 (Midhurst) to speak to one of our team.

Employment Law Retainer: MacDonald Oates offer a fixed cost solution to cover your Employment law and HR needs

By on March 14, 2013 in Announcements

We are pleased to introduce our Employment Law Retainer as a valuable, reassuring and cost effective solution for our business clients.

For a fixed cost each month your business will be able to contact the solicitors in our Employment Department to assist with employment law advice and HR queries. Employment Law is constantly evolving and so keeping on top of your rights and responsibilities as an employer can seem like an impossible task. With the Employment Law Retainer our specialist employment solicitors can help remove this burden.

Kevin Smith, Partner and Head of the firm’s Company Commercial department, says  “We aim to tailor our services for our commercial clients and foresee that this new service will prove a popular option as the client need not worry about the time incurred. Further, for many of our small to medium-sized clients who do not have specific HR personnel, it will help save them time and worry when queries arise”

For further details on our Employment Law Retainer, please click here or please contact Linda Wilson on 01730 268211 and she would be happy to have a chat about how the Employment Law Retainer could work for your business.

Legal update: Increase to Parental Leave on 8 March 2013

By on March 12, 2013 in Legal Updates

On 8 March 2013 the amount of Parental Leave increased from 13 weeks to 18 weeks.

The Maternity and Parental Leave etc Regulations 1999 (SI 1999/3312) give employees the right to unpaid Parental Leave. It is aimed at allowing employees leave from work for the purpose of caring for a child.

The right to Parental Leave only applies to employees who have been continuously employed for one year and who have, or expect to have, responsibility for a child. The 18 weeks leave is in respect of each child.

The leave can be taken up until the child’s 5th birthday, or up until the child’s 18th birthday if the child is entitled to disability allowance. Similar provisions apply for adopted children.

Employers need to be aware this right exists in case employee’s request to take leave, as employees can take a claim to the Employment Tribunal if the employer prevents or unreasonable postpones the leave. An employee is also protected from being subjected to detrimental treatment due to, for example, having requested parental leave. If an employee is dismissed because they took the leave, this would be an automatic unfair dismissal.

Employers can set out their own Parental Leave scheme provided it complies with the minimum requirements set out under the default scheme under the Regulations. In the default scheme, for example, an employee may take up to four weeks Parental Leave in each year and must take it in blocks of one week.

Employers should note that there are a variety of rights to time off and leave that employees, and some workers, could be entitled to. Those that are unpaid, like Parental Leave, are less popular for employees so it is unlikely that this increase will cause a problem for most employers.

Watch this space!: Look out for forthcoming changes which aim to share statutory maternity leave and pay with the father allowing parents to choose who stays at home to look after the baby. It is called ‘share parental leave’ and the Government is currently consulting on how this should work ( see  https://www.gov.uk/government/consultations/consultation-on-the-administration-of-shared-parental-leave-and-pay ). It is planned to be introduced in 2015.

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