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 ...

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 ...

I have sold privately without an estate agent, what needs to happen to start the process? Both parties will need to instruct a solicitor or conveyancer and pass on their details, in order to get the process started. You will need to ...

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 ...

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 ...

‘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. ...

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, ...

A grievance is a term given to a complaint, concern or problem which is raised by an employee with their employer.  This definition is reflected in the ACAS Code, which provides guidance to employers and employees about how a grievance ...

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 ...

For some smaller employers dealing with sickness absence is stepping into unknown territory.   When dealing with this for the first time, employers can feel daunted about what they should and should not do. Whilst every case is ...

MacDonald Oates is proud to sponsor R.A.B.I. and their good work in the farming community both locally and further a field.   Thank you to Tim and Anne Butler for hosting a wonderfully sunny afternoon tea at the Lavender Fields in ...

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 ...

We are delighted to announce that we have some internal promotions to celebrate! Linda Wilson, Head of Employment Department, has been promoted to Partner as from 1 July 2017. Linda joined the firm in September 2012 as an Associate and ...

We are delighted to announce that Clare Ridout in our Wills, Probate and Trusts department has passed her tax paper, which is part of the STEP qualification. The STEP Diploma is a highly regarded academic qualification in the practice ...

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 ...

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 ...

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.   ...

We take a look at a recent disability discrimination 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. ...

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 ...

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 ...

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 ...

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 ...