Legal Updates

25th April 2018

This case involves a 22 year old man was isolated from his family and friends and subject to frequent, horrendous physical and mental abuse. Fortunately the neighbours eventually called the authorities and the ambulance and A&E ...

Father holding his baby girl
19th April 2018

This update follows our update in July last year regarding Mr Ali’s claim of sex discrimination because he was not paid enhanced pay whilst on Shared Parental Leave like those on maternity leave. Capita, the respondent and employer in ...

Divorce definition text with gold wedding ring concept
16th April 2018

In 2012 Kim Waggott was awarded £9.76 Million and £175,000 per year maintenance for life. However she applied to increase the amount, and her former husband challenged the original award. The result was the court not only refused to ...

MacDonald Oates LLP Solicitors
28th March 2018

It is the time of year which sees the statutory rates for payments such as maternity pay and sick pay increase, as well as the national minimum wage. See here for our pdf setting out these changes. Employers considering using ...

disability concept - inscription on the desk
14th March 2018

This case below of Lofty –v- Hamis (EAT) deals with the question of when under the Equality Act 2010 does cancer become automatically deemed as a disability. The Equality Act currently has a Schedule 1 which lists those illnesses and ...

Multicultural friends group using smartphone with coffee at university college break - People hands addicted by mobile smart phone - Technology concept with connected trendy millennials - Filter image
7th March 2018

On the whole, social media is a useful and effective tool for sharing information between friends, businesses and the world generally. For most, it is a very positive and welcome innovation, which has developed enormously over the past ...

Closeup on notebook over wood table background, focus on wooden blocks with letters making GDPR General Data Protection Regulation text
31st January 2018

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 ...

Hand putting Coins in glass jar for pension
24th January 2018

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 ...

sexual harassment
15th January 2018

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 ...

MacDonald Oates LLP Solicitors
20th December 2017

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 ...

MacDonald Oates LLP Solicitors
7th December 2017

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 ...

MacDonald Oates LLP Solicitors
4th December 2017

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 ...

MacDonald Oates LLP Solicitors
29th November 2017

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 ...

MacDonald Oates LLP Solicitors
16th October 2017

The Working Time Directive (WTD) and therefore the Working Time Regulations (WTR), which implements the WTD for the UK, states that workers must have the right to paid holiday.  The aim with respect to this paid holiday is to ensure ...

Divorce definition text with gold wedding ring concept
11th October 2017

Many couples going through a divorce have assets to divide between them, such as a family home, investments and pensions. However, often in our work matters are complicated by the fact that the parties own a business together. Very few ...

MacDonald Oates LLP Solicitors
25th September 2017

‘Work related stress’ as a reason for absence can send chills through any HR manager because such sickness absence is not easily cured with a week of rest or a dose of antibiotics.  It requires careful handling, patience and time. ...

MacDonald Oates LLP Solicitors
6th September 2017

The Equality Act 2010 prohibits discrimination in respect of the nine “protected characteristics” of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, ...

31st July 2017

Judgment has recently been given on a momentous case in the matter of R (on the application of Unison) (Appellent) v Lord Chancellor (Respondent), which was Unison’s challenge against employment tribunal fees. Employment tribunal fees ...

Father holding his baby girl
5th July 2017

This case considers sex discrimination and pay during shared parental leave.  Shared parental leave was introduced in 5 April 2015.  It allows a woman who is on maternity leave to give up her maternity leave and instead allow ...

MacDonald Oates LLP Solicitors
15th June 2017

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 ...

MacDonald Oates LLP Solicitors
25th May 2017

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 ...

MacDonald Oates LLP Solicitors
22nd May 2017

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 ...