Articles

An ‘Incapacity Crisis’ alert has recently been sounded by the organisation ‘Solicitors for the Elderly’ (SFE) after they published the findings of a study commissioned to research the gap between the volume of people suffering with mental incapacity and the number of people who have created a Lasting Power of Attorney.

The Met Office has issued amber weather warnings for the end of this week with temperatures set to reach as high as 34 degrees celsius in some parts of the country. Unfortunately for those seeking a day off work because of the heat, there are no laws in the UK about when it is too hot to work.

It is common for elderly, disabled or vulnerable individuals to have care packages that require their carers to stay overnight at their home. The thought being that the carer can be called upon immediately should assistance be required throughout the night. Are these carers who are technically ‘on call’ therefore entitled to be paid national minimum wage whilst they sleep?

Selling your business, whatever the size, can be a stressful and drawn out process. However, with the correct advice and guidance from a commercial lawyer, the process of selling your business can be made easier. No business sale is ever the same therefore the following information is purely a guide. Outlined below are a few pointers to think about when going through the notions of selling your business.

‘Schools out for summer’ is music to the ears for school children, less so for parents however. The prospect of having six weeks off school is really exciting but for parents, particularly separated ones, it can be a logistical nightmare. Juggling work commitments and child care arrangements can be a balancing act and when there is an ex-partner involved the level of complexity can often increase some more.

Employees are entitled to raise a grievance if they have a concern, problem or complaint at work. It could be the way the way a colleague or manager is treating them, concerns regarding a task they have been instructed to do or being subjected to unreasonable treatment.

Since 2005 same sex couples have been able to form civil partnerships and in 2014 were granted the right to marry. Heterosexual couples can marry but cannot form civil partnerships and there is a call for this to be changed.
This week there has been a momentous breakthrough leading to a possible change, away from marriage. A heterosexual couple have won their legal bid for the right to have a civil partnership instead of marriage.

An increasingly demanding work culture is creating a work/life imbalance. Gone are the days where working 9 till 5, 5 days a week is the norm. Expectations have evolved; individuals are working longer hours and spending more time working out of the office, at home. Advances in technology mean individuals have greater flexibility towards how, when and where they work.

Are you busy with young children and keep putting off making a Will?
If the answer to this question is yes, then you are not alone. Many parents of young children put off making a Will for years. It is of course expected that we will all live a long life, into retirement, enjoying the company of our children and grandchildren. However, unfortunately this is not always the case.

The Office for National Statistics published a review in 2017 which revealed that the number of unmarried couples living together has more than doubled from 1.5 million in 1996 to 3.3 million in 2017. This makes households of cohabiting couples the second largest family type in the UK, and the fastest growing. If this applies to you, it is important to know exactly what legal rights and entitlements you have.

A LAW firm which has branches across Leicestershire has raised more than £6,000 for charity this year after taking part in a will-writing campaign which asks solicitors to write wills for local people and instead, ask only for a voluntary donation. Lawson-West Solicitors Ltd, which has branches in Leicester on Meridian Business Park, Market Harborough and Wigston have taken part in the annual Will Aid scheme and raised an impressive £6,120 in the month-long fundraiser.

Business partnerships are regulated under a little known law from 1890 – The Partnership Act. Under the Act a ‘partnership’ is formed when two or more people join together in business to share a profit. This does not include LLPs (Limited Liability Partnerships) or Limited Partnerships. This can be established by an oral contract or simply by conduct. It is possible, therefore, to enter into a partnership as defined by this act without meaning to. These inadvertent partnerships are referred to as ‘Partnerships at Will’ and are governed by the Partnership Act 1890.

The gender pay gap has been a discussion point, topic of debate and point of interest for decades. In an attempt to increase awareness and begin processes to address the issue, the UK government has introduced compulsory reporting of the gender pay gap for all businesses and organisations with more than 250 employees, with returns mandatory by the 5th April 2018. The report was based upon a snapshot of earnings for all employees for a given date at the start of April 2017.

A recent discrimination case ruling by an employment tribunal in the UK has overturned the dismissal of, and awarded damages to, a female court worker. This has added an interesting stance to our understanding of workplace discrimination, the Equality Act 2010 and to the growing debate on attitudes towards menopause in the workplace.

There is no law that states that a shareholders’ agreement must be put in place when a business is first formed but there are many reasons why it is advantageous. Nobody can predict whether a business relationship will remain harmonious, everybody hopes it will and, in most instances, they do, but what happens when circumstances do change? At Lawson-West a few of our clients have experienced this, it is never simple to solve, and we want to educate individuals and help to mitigate this risk.  

In February 2018, two new Orders were placed before Parliament which are set to change the requirements of information on payslips based on the contents of The Taylor Review, published in July 2017, in which recommendations were made to increase the rights of workers. The Orders placed before Parliament follow the recent response from the government to this Review, which, amongst other items, confirmed that they would be introducing legislation to extend the right to receive a payslip to all workers. This all-encompassing ‘workers’ umbrella includes those on casual and zero-hours contracts.

Major changes to employment status are imminent. It is time to review contracts and assess business position in terms of employment law.

In the requirement to review employment contracts for all, we have reached the next stage in plans for the major shake-up of employment law, which began with the Taylor Review of Modern Working Practices- a review requested by the Prime Minister as a reaction, in part, to the growth of the UK’s gig economy.

The Government have recently stated that they will actively contact all potential claimants who are yet to request a refund on Employment Tribunal fees paid out during the 4-year period from July 2013.

The Employment Tribunal refund scheme opened on the 16th November 2017. The scheme enabled those who were charged fees to take a tribunal to court between the 29th July 2013 and 26th July 2017 to apply for a refund.

Does divorce law need updating?

Divorce Law in England and Wales is now over 50 years old. Couples seeking a divorce must spend at least two years separated or one must blame the other for the breakdown of the marriage citing either the adultery or the unreasonable behaviour of the other. Even if both parties agree that the relationship is over, a divorce cannot be obtained on the basis of “irreconcilable differences” as is often thought. So even in those circumstances if a couple wishes to avoid waiting two years from the date of separation before commencing divorce proceedings, one must blame the other.

Dispelling the myth that Stress, Anxiety and Depression are all the same.

Hosted by the Mental Health Foundation, Mental Health Awareness Week is an annual event held to raise the profile of mental health in an attempt to break the stigmas associated with the matter and encourage people to be more open about it.

This year’s focus is towards tackling stress. By tackling stress, we can go a long way to reduce mental health problems such as anxiety and depression and, in some instances, self-harm and suicide.

Is paying mothers and fathers different rates discrimination?

A recent UK court case has shone a light on the complexities of gender discrimination in the context of employment law. The Hextall v Leicestershire Police case arose when a police officer opted to take shared parental leave following the birth of his child, but was paid only the statutory rate, as opposed to the enhanced rate that a mother receives when taking maternity leave.

It’s recently been announced that HRH Queen Elizabeth II will be gifting her property, York House, to HRH Prince Harry and Meghan Markle as their wedding present. Such an extravagant gift is usually subject to Inheritance Tax, but would this be the case for the Queen? This article explores the ways in which taxation impacts Her Royal Highness.

GDPR harmonises data protection legislation within Europe and will update the current regime, which is over 20 years old.

GDPR introduces new rights, larger penalties and new accountability, which means the data controller is responsible for and must be able to demonstrate that they have complied with the relevant processing principles. There are real consequences if it is wrong.

With regard to making Powers of Attorney, this is best done as soon as possible. If you have not appointed an Attorney and you become unable to look after your affairs through; illness, an accident or old age, then your loved ones will have no legal right to look after you in the way you would like, even if you have informally expressed your wishes without having to make a complex and costly application to the Court of Protection.

A Will is a legally binding document that outlines what you want to happen to your estate when you pass away, who should benefit and how.

Subject Access Requests are nothing new and have been part of the Data Protection Act 1988 (DPA) since it was formed. In line with GDPR going live, from 25 May 2018 a new Subject Access Request regime will come in to force with changes being made to the current format.

With the deadline for submitting gender pay gap reports fast approaching, stories relating to the gender pay gap are featuring heavily in the news, almost daily. For firms that meet the criteria, it is a legal requirement to submit the appropriate data in time. Lawson-West’s employment team can help to advise you on how to submit your data as well as advising on other areas of mandatory reporting you must carry out to protect your organisation against any unnecessary fines.

At Lawson-West our Family Law team deal with a variety of cases that vary in complexity and cost. The following case study is based on a separation where one party earns considerably more than the other, it looks at what factors are important when considering the division of matrimonial assets and in this case, how they are divided.

With the first school holiday of 2018 having already taken place, and the Easter break approaching quickly, many parents may be planning their next holiday with their children. But, when parents have separated this may not be an easy task. Consideration needs to be given to how much time the children will spend with each parent which can often lead to disagreements.

Approaching your employer when you have been suffering with endometriosis is a daunting prospect. Apart from coping with the pain itself, getting across what you are actually suffering from can be difficult, if not impossible.

Starting at the beginning is the best option so you understand the condition and can then help your employer to understand too.

These days, Wills and Estate Planning is about much more than simply ‘who do I wish to inherit once I’m no longer around’. There is a lot to think about, and it can often involve some tough decisions. At Lawson-West, we understand this, and have tailored our Wills and our procedures to what we feel is important to our clients.
So what does having a Will with Lawson-West mean?

MEES (short for Minimum Energy Efficiency Standards) originate from the Energy Act 2011. They help the Government in meeting carbon reduction targets. The better the insulation and heating systems, the less amount of heating and energy will be required and therefore, reducing the carbon footprint.

If you own a business or shares in a business, then you might wish to consider planning now and writing your Will in a tax efficient manner to help minimise Inheritance Tax.

There are several ways you can beat Inheritance Tax by giving away assets, setting up a trust or changing your Will. Make sure you pay close attention to the legal details and tax consequences and if you are unsure of anything, one of Lawson West's Wills and Probate solicitors can help you out.

Britain has been thrown into complete chaos as the 'Beast from the East' together with Storm Emma continues to cause havoc across much of the country. With many people unable to get to work, what impact does the adverse weather have on an employee's rights?

At Lawson-West our Employment team are extremely knowledgeable about employee's rights, so if you need advice about the disruptions the weather has caused you, contact us today and find out how we can help.

The annual update to employment tribunal limits has been released and from 6 April 2018 will increase.

Our employment team at Lawson-West have dealt with many employment tribunals in the past and have a vast amount of knowledge to be able to advise you on how to make a claim successfully.

The latest and seemingly final edition of the long running battle between Gary Smith and Pimlico Plumbers was deliberated in the Supreme Court last week. For a breakdown of the preceding Court of Appeal decision see here: http://www.lawson-west.co.uk/articles/pimlico-plumbers-b0576a93-ee94-4d10-b75c-f58aedc8eb8d. The finding of worker status was based on the lack of an effective right to substitution and the level of control that was exerted by Pimlico.

If you are a tenant in a former council property that has been transferred to housing association ownership, or a council tenant, you may be eligible to purchase your home at a discounted rate. Known as Right to Buy.

By instructing Lawson-West to deal with your divorce or separation you know that you are going to receive the very best legal advice and representation from a team with a combined 50 years’ experience.

At Lawson-West we understand the sensitive nature of divorce and separation, especially when children are involved. Despite a divorce ultimately being between two people, we believe where children are involved they must come first.

Depending on the age of the child, their awareness of the situation and understanding of the outcome is going to vary massively. Trying to get your own head around what is happening might seem difficult enough, but you must remember the children are equally affected by what is going on too and you need to put their needs first.

With most mortgage lenders requiring a minimum of 70 years left on the Lease at the date of completion, you may wish to address the issue of extending your Lease before is becomes a necessity.

Lease terms which have been left to decrease can cause owners severe headaches when they come to sell or mortgage their property. If left until a sale or mortgage is required, the burden of additional costs and time will be added to what is already considered a stressful situation. The sale price of the property is also likely to decrease in line with the risk of purchasing a short term lease.

At Lawson-West we can help you and your organisation to understand the importance of pregnancy and maternity rights within the workplace.

Writing a Will is important for a number of reasons including the assurance that your estate will be dealt with as you wish when you are no longer around, that the people you want to be beneficiaries have the correct legal rights and additionally for inheritance tax reasons.

We know that getting around to writing a Will may not be everyone’s top priority which is another reason we chose to take part in Will Aid - as a way of supporting increased awareness of the importance of making a Will, which is also a surprisingly easy process.

Often individuals suffer from multiple complaints that could in essence be considered as a Disability in accordance with the Equality Act 2010. Recently, colour blindness has been determined within the Employment Tribunal as an impairment, but the Claimant’s red-green colour blindness could not be considered a disability under the Equality Act 2010. Cases such as this could leave many wondering whether or not they have the right to make a disability claim.

A Will is a document that you create, and it details who is to benefit from your estate on your death. A Will is a document that should ideally be drawn up by a solicitor. This is due to the potential complications that can arise from homemade Wills. These include invalidity, unclear instructions and accidental beneficiaries. It is highly recommended that you see a solicitor, especially if you have more than one beneficiary in your Will.

Equal pay for equal work and equal pay for work of equal value. These are the two key concepts that underpin UK legislation in regard to pay equality.

They are things that sound simple, but the latter point about work of equal value is where the controversy and confusion arises. What is work of equal value is a question that is being argued in a number of high profile recent cases, involving such mammoth employers as the BBC, ASDA, Sainsbury’s and Tesco.

A new Government scheme is managing partial refunds to people who were overcharged when paying the registration fee/s for Lasting Power of Attorneys (LPAs) between 1/4/2013 and 31/3/2017.

The breakdown of a relationship isn’t something people really want to think about, but with 42% of marriages ending in divorce, this is a reality for a lot of people.

If the worst was to happen, and you and your partner were unable to reconcile, the next step is seeking advice and finding a solution that is best for you.

Alistair Dobson, head of the Lawson-West Family department, has provided some advice for things to consider before instructing a Solicitor.

Are you prepared for GDPR?
With the upcoming deadline in May 2018 are you equipped to handle the changes to your business? Failure to comply with the new legislation is costly, €20 million, or 4 per cent of annual revenue, whichever is higher.

The Court of Protection and its powers is an area I am advising clients on more and more. I was recently asked to dispel some common urban myths surrounding the Court of Protection for the benefit of my colleagues, and I realised that there were no urban myths because the Court of Protection was not common knowledge.

In December 2017 the Law Commission announced that one of its consultation areas would be Chancel Repair Liability.

What is Chancel Repair Liability?

It is a legal obligation on some property owners in England and Wales to pay for certain repairs to a local church. Homeowners have found themselves with a large bill to pay for repairs, under a medieval law which dates back to the time of Henry VIII.