News for the New Year

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News for the New Year MacDonald Oates LLP has undergone an extensive recruitment campaign with 7 new fee earners joining the firm over the past few months and with further recruitment planned to continue into the New Year. This drive is in response to increased demand across the firm at both our offices in Midhurst and Petersfield. Ben Greaves, who previously trained with the firm, has taken up the position as solicitor in the Litigation department in the Petersfield office…

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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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MacDonald Oates Sponsors Glow Ride in Denmead

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We are proud to have sponsored the first ‘Glow Ride’ in Denmead. It was held on Friday 28th December in Denmead to highlight the need for us to be seen on our bikes in the dark and was organised by Terri Bryant of Body Focus. The ride started at Denmead Junior School as they had kindly allowed us to use their grounds and new running track. There was a competition for best dressed bike and rider, a raffle…. ..and then…

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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…

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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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Probate fees are increasing significantly – what do you need to know?

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What is probate and when would I need it? When somebody dies, sometimes it is necessary for you to apply for a grant of representation to be able to deal with the deceased’s assets – this is known as applying for probate. Whether probate is required depends on a number of factors, including: The type of asset – property and shares for example will normally always require probate. How the asset is held – jointly owned property usually passes without…

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Importance of procedure

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When advising small to medium size businesses, it is common for such businesses not to realise how much employment legislation is based around the appropriate procedure having taken place.  It is not just the reason why you do something, but how you do it. This applies throughout employment law and good HR practice, whether it be transferring a part of a business, dealing with sickness absence or dismissing for misconduct. Investigation This is normally the start of any procedure.  It…

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How to choose an executor to administer your estate when you die

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When making your will you need to appoint at least one executor who will be responsible for the important task of dealing with your estate on your death.  Deciding who to appoint is one of the most important decisions you will ever have to make so you need to consider your options carefully.  James Sawers, wills, probate  and trusts lawyer with MacDonald Oates LLP Solicitors in Midhurst, explains what you need to think about. ‘Administering an estate can be a…

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Beware B&B

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The recent case of Bermondsey Exchange Freeholders Ltd v Koumetto (unreported) in the Central London County Court  serves as a useful reminder of the potential risks of certain leasehold properties being listed on Airbnb and other similar sites. In this particular case the Court decided that a long leaseholder had breached the terms of his 999-year lease by underletting his flat for holiday lets via online sites such as Airbnb and granted an injunction preventing him from doing so.  The…

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