Legal Updates

disability concept - inscription on the desk
4th April 2019

Under the Equality Act an employer must take such steps as are reasonable where a provision, criterion or practice (PCP) puts a disabled person at a substantial disadvantage in comparison with those who are not disabled. This ...

Stags
2nd April 2019

From the hire of company cars to the shipping of goods, the term ‘bailment’ encapsulates one of the most common forms of legal relationship for those operating a business. Patrick Jenkins, commercial dispute resolution expert in our ...

1st April 2019

Quick reference: Rates and Limits A guide to the current rates and limits. Most of the rates set out below are updated yearly. Maternity, paternity and adoption From 7 April 2019 Statutory maternity, paternity and adoption pay £148.68 ...

MacDonald Oates LLP Solicitors
6th March 2019

We take a look at the current protection for workers under the whistleblowing protection The Employment Rights Act prohibits dismissal or detrimental treatment because a worker has raised a protected and qualified disclosure. In order ...

MacDonald Oates LLP Solicitors
20th February 2019

There are many reasons you might need access to your neighbour’s land to repair or maintain your property and it can be difficult to know what to do if your request for access is refused. The general rule is that to go onto someone ...

MacDonald Oates LLP Solicitors
24th January 2019

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 ...

MacDonald Oates LLP Solicitors
17th December 2018

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 ...

MacDonald Oates LLP Solicitors
5th December 2018

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 ...

MacDonald Oates LLP Solicitors
15th November 2018

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 ...

MacDonald Oates LLP Solicitors
7th November 2018

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 ...

MacDonald Oates LLP Solicitors
1st November 2018

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 ...

MacDonald Oates LLP Solicitors
8th October 2018

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 ...

MacDonald Oates LLP Solicitors
1st October 2018

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 ...

MacDonald Oates LLP Solicitors
20th September 2018

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 ...

MacDonald Oates LLP Solicitors
6th September 2018

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 ...

MacDonald Oates LLP Solicitors
20th August 2018

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 ...

MacDonald Oates LLP Solicitors
6th August 2018

Japanese knotweed is a fast-growing, invasive plant that spreads easily and requires careful management to control.  The root of the plant can cause significant property damage if it takes hold and can be difficult to eradicate.  If ...

MacDonald Oates LLP Solicitors
19th July 2018

The press are very much focusing upon the “meal ticket” headline but the case of Mills -v- Mills does show that a party paying maintenance (often the husband) is not expected to compensate for poor financial decisions by the recipient. ...

MacDonald Oates LLP Solicitors
16th July 2018

In 2017 new rules were introduced to allow home owners to a claim an additional allowance to reduce their Inheritance Tax (or IHT) liability.  This news came as a welcome relief to many homeowners wishing to pass their most prized ...

13th June 2018

Following our update for 2018, we now take a look at the The Pimlico Plumber case which has now been heard by the Supreme Court. In this case Mr Smith was a gas electrician carrying out work solely for Pimlico Plumbers from August ...

Closeup on notebook over wood table background, focus on wooden blocks with letters making GDPR General Data Protection Regulation text
10th May 2018

You will recall in January we highlighted how employers needed to get ready for changes to data protection law that comes into force on 25th May 2018. We have already, in our previous update, provided you with some helpful links and ...

Divorce definition text with gold wedding ring concept
9th May 2018

Online divorce is now available on the HM Courts and Tribunal Service website, which is a huge step forward. However, just making the application online does not change anything: ALWAYS get some advice first, even if you conduct the ...