Five Fair Reasons

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When an employer is considering ending an employee’s employment, it is vital that regardless of their length of service the employer considers their reasons for dismissing that employee.  Although most employment protection with regards to unfair dismissal requires two years of service, employees, and workers, have other protection under the law from day one. Under employment legislation there are five fair reasons for dismissing an employee and these are as follows: Conduct Capability Redundancy Breach of statutory obligation Some other…

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Why should you be careful if you are moving house?

By | Residential Property | No Comments

There have been many warnings not to give away too much information on social media websites, such as Facebook or Twitter as fraudsters are combing them for details. Property sales are targets for scammers and a type of fraud now known as ‘Friday afternoon frauds’ have become big business for them.  This involves fake emails asking for a deposit and other money to be transferred to the criminal’s account.  Fraudsters have intercepted email exchanges between solicitor and client, then just…

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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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Sexual harassment in the workplace

By | Employment, Legal Updates | No Comments

Last year we saw a raft of high profile sexual harassment allegations being made against celebrities and politicians alike. More recently the EHRC has highlighted that they will be getting involved as far as their powers allow to tackle sexual harassment in the workplace, with recent letters sent to several high profile organisations such as Asda, the BBC and some City law firms. With the removal tribunal fees and the increase in media attention, it will be interesting to see…

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Employment law: what to look out for in 2018

By | Employment, Legal Updates | No Comments

We take a look at what we can expect from an employment law perspective in 2018. Legislation Gender pay gap reporting. The Gender Pay Gap Reporting Regulations came into force on 6 April 2017.   It requires certain employers to publish information about the overall gender pay gap within their organisations. The first gender pay gap reports for large private and voluntary sectors must be published by 4 April 2018. Employment Tribunal fees The fee refund scheme is now open, following…

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New Specialist Divorce Financial Courts

By | family, Legal Updates | No Comments

Until now, cases about the financial side of a divorce or civil partnership dissolution have been decided by District Judges with a variety of expertise, not always in matrimonial finances. This has led to frustration being expressed by the judges as well as the parties involved; a great deal of preparation is often undertaken in the lead up to a hearing and, particularly for those involving complex and high net worth assets, it can be unnerving for a case to…

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Holiday pay claims – an update

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Background Under the Working Time Regulations 1998 (WTR) holiday may only be taken in the leave year in respect of which it is due (regulation 13(9)). A worker must therefore take their holiday within the leave year or it is lost (with some exceptions for workers on certain kinds of leave, such as long term sick leave). If an employee or worker has a holiday claim they can do the following: ·         Bring a claim under the WTR to be…

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Cohabitation Awareness Week

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This year the family lawyers organisation Resolution are trying to raise awareness of the issue of cohabitation and the absence of any laws to protect those who are cohabiting but not married or in a civil partnership. The simple and unpleasant fact is that there is no law in place that protects someone who is “just” cohabiting (as opposed to being married or in a civil partnership), no matter how long you have lived together. There is quite literally no…

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Living Wills

By | Legal Updates, Wills | No Comments

You may have heard people talk about “living wills”.  Whereas a standard Will deals with who inherits your money and property on your death, a living will can be used to make decisions in advance about your wishes regarding particular medical treatment or care whilst you are still living, in case you are unable to make the decision when the time comes.  For this reason, living wills are often known by lawyers as “advance decisions”. The most common reason to…

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