Legal Updates

MacDonald Oates LLP Solicitors
26th June 2014

On 30 June 2014 the Children and Families Act 2014 will bring into force the right to request flexible working for all employees who have 26 weeks’ service. Previously the right to request flexible working could be made in order to ...

MacDonald Oates LLP Solicitors
4th June 2014

ACAS has this week published guidance for employers on how to handle TUPE transfers. Although it runs to 74 pages, it is helpful as a starting point with some useful examples. If you are not familiar with TUPE it refers to the Transfer ...

MacDonald Oates LLP Solicitors
30th April 2014

From 22 April 2014, residence and contact orders are being abolished and instead a single order is being introduced: a Child Arrangement Order. Child Arrangement Orders will regulate when and who a child is to spend time with. The ...

MacDonald Oates LLP Solicitors
23rd April 2014

We always think that it will happen to someone else, but the truth is that we never know what is round the corner.  Accidents can happen, or you or a loved one may suddenly be faced with battling a serious illness, and as the recent ...

MacDonald Oates LLP Solicitors
3rd April 2014

Happy Easter from MacDonald Oates! This month not only brings with it some much needed Spring-like weather (and probably too much chocolate!) but also increases to rates such as Statutory Sick Pay (SSP).  We have updated our quick ...

MacDonald Oates LLP Solicitors
22nd January 2014

If you are feeling harassed or bullied at work it can have a significant impact on your well being, your family and friends and, in the worst cases, your long term health. For some, they simply resign putting it down to experience. For ...

MacDonald Oates LLP Solicitors
2nd October 2013

These are not topics that you would normally see in same sentence. However, changes to employment law which came into force on 1st October affect both Directors and those on the national minimum wage. The national minimum wage (NMW) ...

MacDonald Oates LLP Solicitors
6th September 2013

Renting properties carries a number of significant legislative requirements that landlords must make every effort to adhere to or risk potentially significant issues should they wish to recover possession of their property. They may ...

MacDonald Oates LLP Solicitors
15th July 2013

  Settlement Agreements and Pre-termination negotiations Some employers may be familiar with Compromise Agreements, whereby the employee signs an Agreement in return for a sum of money and agrees not to make any further claims against ...

MacDonald Oates LLP Solicitors
13th June 2013

Following a number of scandals in the 1980’s and 1990’s such as the Maxwell scandal and the Piper Alpha explosion, it was decided that protection was needed for those workers who previously were too scared to ‘blow the whistle’ on the ...

MacDonald Oates LLP Solicitors
13th June 2013

The abolition of the Agricultural Wages Board (AWB) on 25 June 2013 means agricultural workers will be treated the same as other workers. The Agricultural Wages Board currently sets minimum wages and other terms for agricultural ...

MacDonald Oates LLP Solicitors
10th June 2013

The Disclosure and Barring Service (which replaced the Criminal Records Bureau and Independent Safeguarding Authority at the end of 2012) has launched its new Update Service available from 17th June 2013. Normally employers are ...

MacDonald Oates LLP Solicitors
10th June 2013

We take a look at the recent case of Woodhouse v West North West Homes Leeds. Mr Woodhouse is black and over a number of years he lodged ten grievances and brought seven employment tribunal claims against his employer.  Many of these ...

MacDonald Oates LLP Solicitors
4th June 2013

England and Wales currently have two systems of how land is held: registered land and unregistered land. If your land is registered, the title to your land is held electronically at the Land Registry. If your land is unregistered, the ...

MacDonald Oates LLP Solicitors
12th March 2013

On 8 March 2013 the amount of Parental Leave increased from 13 weeks to 18 weeks. The Maternity and Parental Leave etc Regulations 1999 (SI 1999/3312) give employees the right to unpaid Parental Leave. It is aimed at allowing employees ...

MacDonald Oates LLP Solicitors
8th December 2012

It is common practice for employers to include restrictive covenants in employment contracts. However, restrictive covenants can amount to an unlawful restraint of trade and will therefore be unenforceable.  These clauses will only be ...

MacDonald Oates LLP Solicitors
7th December 2012

The High Court holds that a Christian employee who expressed his views about gay marriage on Facebook had not committed misconduct by doing so and that in demoting him, his employer had acted in breach of contract. On Mr Smith’s ...

MacDonald Oates LLP Solicitors
6th December 2012

The European Court of Human Rights (ECHR) has held that the UK does not currently provide adequate protection from dismissal on the grounds of political party membership. Mr Redfearn was employed by Serco as a driver. He provided ...

MacDonald Oates LLP Solicitors
5th December 2012

The Employment Appeal (EAT) Tribunal holds that a lap dancer was an employee and therefore entitled to bring a claim of unfair dismissal. Ms Quashie worked for the Stringfellows as a lap dancer from June 2007. Ms Quashie signed a form ...

MacDonald Oates LLP Solicitors
4th December 2012

To succeed with a disability discrimination claim, the claimant must show they are disabled. This is often contested by respondents as the definition of disability is not straight forward, unless it’s a deemed disability under the ...

MacDonald Oates LLP Solicitors
3rd December 2012

Mrs Larner was a public sector worker, working for NHS Leeds and she was on sick leave for an entire year. She had not taken any holiday and had not requested any holiday during the leave year. When her employment ended, Mrs Larner ...

MacDonald Oates LLP Solicitors
2nd December 2012

Dismissal can be a fair for the reason of redundancy even when the selection pool consists of just one person. Mr Halpin was employed by Sandpiper Books initially completing administrative work in England and later as Sandpiper Book’s ...