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

By | Legal Updates, Probate and Trusts, Wills | No Comments

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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Disability discrimination: knowledge of the employer

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Treating someone less favourably because of their disability is prohibited under the Equality Act 2010. Under the Equality Act “discrimination arising from disability” occurs where both: A treats B unfavourably because of something arising in consequence of B’s disability. A cannot show that the treatment is a proportionate means of achieving a legitimate aim. With this type of disability discrimination claim, it will not succeed if the employer had no knowledge of the disability itself. As to what the consequences…

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Show a little R-E-S-P-E-C-T for your loved ones by making a Will.

By | Legal Updates, Wills | No Comments

You may have seen in the press recently that Aretha Franklin died without leaving a Will.  One can only speculate as to the problems this may cause for those she leaves behind as they seek to distribute her estate, estimated to be in the region of £60 million. Her lawyer has commented that “She never told me, “No, I don’t want to do one.  She understood the need.  It just didn’t seem to be something she got around to”. It…

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Philosophical belief under the Equality Act

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Under the Equality Act it is unlawful to discriminate, harass or victimise workers or job applicants on the grounds of their religion, religious belief or philosophical belief. “Religion or belief” is a protected characteristic under the Equality Act, just like for example age or race, and is defined as follows: “Religion” means any religion, and a reference to religion includes a reference to a lack of religion. “Belief” means any religious or philosophical belief and a reference to belief includes…

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Got a new employee and need a contract of employment? Use our Starter Pack

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Our Starter Pack is ideal if you are employing your first employee or you want to update your contracts of employment. The pack gives you the basic HR and legal documentation you will need for employing your first employee and all at a fixed reasonable price. You will have the following precedents: offer letter a junior employment contract disciplinary procedure grievance procedure health & safety policy It is important to have a contract of employment in place to ensure both…

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