Articles

The UK is scheduled to leave the EU on Friday 29th March 2019 and negotiations about the future relations between the UK and the EU are currently underway. Trade, travel and security are the main items on the agenda and it is hoped that an agreement on how these areas will be managed post-Brexit will soon be reached.

Have you ever thought about the different words used to describe death? I have heard lots of expressions used, from “passed away” and “lost” all the way to “kicked the bucket” and “popped their clogs”. People often use these phrases to avoid saying the word “death” in the hope it will make the idea more palatable, or easier to comprehend.

It is with excitement and delight that Lawson-West Solicitors, Market Harborough & Brown & Company Solicitors announce their joining together to form Lawson-West Solicitors incorporating Brown & Company.

Negotiating contracts is routine practice for any business, it is important that they are documented correctly and cover the key issues you require them to, to avoid any future complications or disputes. This article addresses all types of contracts and provides an overview on the key aspects to think about when negotiating any kind of contract.

The Government has announced plans to reform divorce laws, something that hasn’t been updated in 50 years despite colossal changes in modern society. In the past 50 years there has been a sharp rise in the number of marriages ending in divorce and the process is often unpleasant for those involved. Considered ‘archaic’ the reform is being welcomed by many.

In 2017 the Government published a bill to offer two weeks’ paid leave for bereaved parents. And this week, the Parental Bereavement (Pay and Leave) Act 2018, introduced by Kevin Hollinrake, MP, received royal assent.

Working in Britain compared to other countries typically means working long days, carrying out demanding tasks and taking breaks that are few and far between. Working life can be tough, often leaving us feeling exhausted, deflated and lacking in motivation.

It is considered that individuals doing the same job or work of equal value should receive the same or equal pay; but in many cases they do not, despite the law saying otherwise. Shockingly this is the case with the 1,000 current and former employees of Tesco who back in July 2018 lodged claims to the Employment Tribunal for equal pay.

Introduced in 2017, the Gender Pay Gap Report requires by law, employers in Great Britain with 250 employees or more to publish certain information regarding the pay of males and females in their organisation. The aim of the scheme is to reduce the pay gap between genders and in time achieve equal pay throughout

A break clause is a clause in a fixed period lease providing both the tenant and the landlord with the option to end the lease early. As a tenant this can be extremely useful, particularly if it is a new business venture or a new branch being opened. A break clause permits a tenant to walk away from the premises if it transpires it is no longer a viable option to maintain.

The HMRC recently challenged the working status of around 60 top level football referees who officiate over the matches between professional teams playing in leagues below the English Premier League. These Level 1 referees typically receive match fees worth hundreds of pounds and in some cases, totalling an annual income around £10,000.

Defining the role of an au pair, should in theory be relatively easy. Au Pairs are usually individuals from another EU Country, who come to help with either the housework or childcare duties for a family, working between 25 to 30 hours a week in exchange for a live-in room and board, as well as “pocket money”.

The recent case regarding an unmarried mother of four’s right to receive this allowance has highlighted the difference in the rights of cohabiting, unmarried couples compared to those of couples who are married or in a civil partnership.

Employers can dismiss people, however as the case in thisarticle shows, the employer must have strong evidence and reason before dismissing an employee, but how can you check if your dismissal was unfair?

Domestic abuse may take place behind closed doors, but it has far reaching consequences and is known to have a detrimental impact on the working lives of those living in such circumstances. The scale of the problem is huge. In the UK, in any one year, more than one in five victims of domestic violence take time off work because of abuse and two per cent lose their jobs as a direct result of the abuse.

Employment tribunal claims spike whilst refunds remain unpaid.
One year on from the Supreme Court ruling to scrap employment tribunal fees, the number of people considering bringing an employment issue to tribunal has risen by 30%, whilst 80% of tribunal fee refunds remain unpaid.

Following two European harassment cases that resulted in compensation being awarded, what constitutes as harassment in the work place?

A recent announcement means that judges will no longer have to be consulted to withdraw the treatment of a minimally conscious patient if both the patients’ family and the patient’s medical professionals are all in agreement. This decision has been a long time coming with people both for and against the decision.

All workers are entitled to take holiday and must be paid the same amount of pay whilst on holiday as they usually would, had they been at work. Holiday pay must include overtime, bonuses and commission if they usually make up part of someone’s normal weekly pay.

The government has published a whitepaper, entitled “the Future Relationship Between the UK and the European Union”, in which it is proposed that there be no regression in the UK’s employment laws following its exit from the European Union.

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.