Resolving workplace disputes: Settlement Agreements

By | Employment, Legal Updates | No Comments

We have previously highlighted that Workplace Mediation can be one way of resolving disagreements in the workplace. However, in some cases, a Settlement Agreement may be one sensible option for both parties to consider and they are commonly used by employers. What is a Settlement Agreement? A Settlement Agreement (formerly known as a Compromise Agreement) is a legally binding agreement between an employer and an employee under which the employee agrees to settle their potential claims and in return the…

Read More

What special rights do pregnant employees have in the workplace?

By | Employment, Legal Updates | No Comments

We take a look at some of the rights pregnant employees have in the workplace. The starting point is that a pregnant employee has the same rights as any other employee with the same length of service, such as unfair dismissal and a right not to be discriminated against on the grounds of any of the “protected characteristics” under the Equality Act.  Those protected characteristics include, for example, age, race and sex. The employee does not need two years service…

Read More

Mallorca challenge for MacDonald Oates’ cycle team

By | Events, Sponsorship | No Comments

The Mac Oates sponsored cycle team has had a great few days in Mallorca. They have just returned from a four day trip where they rode over 230 miles and climbed over 14,000 feet, taking on some of the epic climbs on the island.   Regular weekly rides are organised during the spring and summer each Thursday from our Petersfield office and so do get in touch if you want to join us for a more sedate ride around the…

Read More

How do you get your spouse or partner out of the house if you split up?

By | family, Legal Updates | No Comments

Splitting up is tough, but being forced to live in the same house with the person you have just split up with can make it all the worse. However, what do you do if they will not move out? The answer is not straightforward: the law in England and Wales tends towards preventing people from being forced out of their home. However, there are a number of options. If there is domestic violence or abuse, the law can remove the…

Read More

Multiple choice test was disability discrimination

By | Employment, Legal Updates | No Comments

We take a look at the case of The Government Legal Service v Brookes where a multiple choice test for applicants placed a woman with Asperger’s at particular disadvantage and was not justified. Broadly speaking, applicants who have a disability should not be treated less favourably or put at a disadvantage by any provision, criterion or practice (PCP) unless it can be objectively justified (although direct disability discrimination cannot be objectively justified). Employers also have a duty to make reasonable…

Read More

TUPE update

By | Employment, Legal Updates | No Comments

We take a look at some recent cases on this area around service provision changes. The definition of Service Provision Change (SPC) is found at Regulation 3(1)(b) of TUPE and is as follows: (i) activities cease to be carried out by a person (“a client”) on his own behalf and are carried out instead by another person on the client’s behalf (“a contractor”); (ii) activities cease to be carried out by a contractor on a client’s behalf (whether or not those…

Read More

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

By | Legal Updates, Wills | No Comments

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…

Read More

April 2017: Increase to statutory rates, NMW and compensation limits

By | Uncategorized | No Comments

It is that time of year again when its all change! Out with the old, in with the new. Our quick reference guide here helps you keep up to date with the changes to: Statutory maternity pay and Statutory sick pay National Minimum Wage  (NMW) A weeks pay for redundancy payments and compensation limits at the Tribunal If your business would like to provide your clients with an update in employment law via a seminar or breakfast meeting, please do discuss…

Read More

Dress codes and religious discrimination

By | Legal Updates | No Comments

What is religious discrimination? Religion or belief is one of the ‘protected characteristics’ covered by the Equality Act 2010.  The Equality Act prohibits discrimination on any of the ‘protected characteristics’. It prohibits discrimination directly because of someone’s religion or belief.  It also prohibits indirect discrimination whereby a provision, criteria or practice places that worker at a disadvantage and there is no objective justification for the discriminatory treatment. Further, a job applicant or employee must not be subjected to harassment relating…

Read More

Will drafting – the importance of getting it right

By | Litigation, Wills | No Comments

Patrick Jenkins, Partner and Head of Litigation looks at some of the legal issues which can arise where no will, or a deficient will, has been prepared and why it is important to ensure that you have an up-to-date and properly executed document. The importance of having a will cannot be underestimated as without one the deceased is said to have died “intestate”.   If that should happen the law sets out who may deal with the deceased’s affairs and who should…

Read More