Latest Posts
Your employees are the foundation of your company, so treating them fairly and consistently will lead to a productive, loyal workforce, as well as helping you stay out of the Employment Tribunal. You are not always able to stop an individual from bringing a tribunal claim, but you can mitigate the risk of it happening by treating everyone that comes into contact with your company, whether they are an employee or a prospective employee, fairly and reasonably. Our Employment team explain here the main ways that you can reduce the risk of a tribunal claim being brought against you, and how we can also help.
One of the most commonly experienced effects of brain injury is the focus of this year’s Action for Brain Injury Week, which runs this week from 20th May to 26th May.
This week is Dementia Action Week; a week dedicated to uniting people, workplaces, schools and communities to take action and improve the lives of people living with dementia. Jane Cox, Private Client Partner, became a Dementia Friends Champion in June 2018 and explains here how becoming a Dementia Friend can help those living with dementia feel less lonely and more included in their community.
The number of couples entering into a civil partnership has increased in recent years; the most recent Office of National Statistics from 2017 show an increase of 2% compared to 2016. With the increase in those entering a civil partnership also comes the increase in the number of those coming to an end. Sarah Pennicott, Family Solicitor in our Portsmouth office, here explains how a civil partnership legally comes to an end, and how we can support you through this emotional change in your life.
It’s always a good idea to be sure your employees have heard from you, particularly those on maternity leave. Our Employment team reviews a recent case in which an employer failed to communicate with their employee correctly regarding redundancies at the business, and found themselves in Tribunal as a result.
With Mental Health Awareness Week upon us, we are considering the impact the workplace can have on our mental health. Employers will be aware of employees going off sick when they are unwell, but there is a growing rise in presenteeism. Our Employment team here review what this means, and how businesses can be supporting their employees through any concerns about their mental health.
Statistics show that over half of divorcing couples have at least one child at the time of their divorce but, of course, many more children go through parental separation each year because these statistics do not include parents who have not been married.
Having managers who are fully aware of the risks of discrimination, bullying and harassment is a vital step for any employer to avoid potential Tribunal claims. This was proven in the recent case of Nixon v Royal Mail Group Limited; our Employment team review the case here and advise how employers can take steps to prevent being in the same situation themselves.
On the 15th April 2019, the Government announced proposals to repeal section 21 of the Housing Act 1988, which provides a no fault procedure for a landlord to recover possession of their tenanted property. Were the proposals to proceed, the future of tenant evictions and repossessions would be drastically altered. Hayley Steer, Paralegal in our Litigation and Dispute Resolution team, reviews the proposals and the steps landlords can take to protect their property in the future.
Our Litigation and Dispute Resolution team have previously discussed the progress of the Tenant Fees Act through the Houses of Parliament, but the Act has now received royal assent and shall come into force on 1 June 2019. From this date, landlords and letting agents are only able to charge for the deposit, rent and restricted default fees. Hayley Steer, Paralegal in the team, reviews the changes being introduced and explains the steps landlords should take now to remain compliant.
Redundancies are unfortunately a necessary measure for some businesses, and it is important that if this is the case for your business that you follow the right procedure to reduce the risk of Tribunal claims. If you have employees on maternity leave, there are additional conditions that must be applied; our Employment team discuss these today and explain the next steps if you are considering redundancies.
If you are considering disputing a Will under the Inheritance Act, ordinarily you will be required to do so within six months of the Grant of Representation being issued. The Court can grant permission to pursue a claim out of time but the criteria are strict. So in a recent case where the Court granted a widow permission to pursue a claim 25 years out of time that was highly unusual and unprecedented. Kevin Horn, Disputed Wills expert in our Private Client team, reviews the case and explains how you should proceed if you are considering bringing a claim of this nature.
A midwife has succeeded in claiming she is entitled to 50% of the £1 million home she had shared with her CEO ex-partner after a High Court Judge agreed that he had promised her half the property during a conversation in a pub 13 years ago. Hannah Rogers, Family Solicitor in Portsmouth, reviews the case here and advises how you can possibly avoid the same situation through a Declaration of Trust or Cohabitation Agreement.
As well as two new Partners, the promotions continue for us here at Warner Goodman LLP as five new Associates are announced.
A recent case has highlighted the complicated nature of discrimination claims and protected characteristics; our Employment team review the case here and advise employers on their best course of action.
We are delighted to announce the promotion of Jenny Colvin and Naushad Rahman to Partner status as of 1st May 2019, bringing our total number of Partners to 19.
Settlement agreements are increasingly being used by employers in dismissal or redundancy situations; after signing a settlement agreement an employee has waived their rights to bring a claim against their employer. While they are usually standard documents, it is important that the clauses are reviewed to ensure that they best suit their individual needs. Our Employment team reviews here the most common terms used in settlement agreements, and what you should do if you are asked to sign one by your employer.
We understand that the welfare of your children is of paramount importance, and if you are looking for legal advice to improve your situation, there may be terms or parts of the process that you do not understand. Hannah Rogers, Family Solicitor in our Portsmouth office, here explains what a PLO meeting is, and what you should do if you are invited to a meeting of this nature.
Tackling inappropriate comments in the workplace should be at the top of every employer's agenda when it comes to employee relations. This was proven in a recent Employment Tribunal case where an employee was called a "baby farmer". Our Employment team reviews the case and advises employers on the steps they should take to tackle such comments.
Settlement agreements are commonly used to settle or waive any employment related claims an employee or worker may have against an employer. Our Employment team specialise in advising employees and workers on their rights regarding settlement agreements, and are regularly asked whether the payment they receive will be taxed. Here, the team answer this question, as well as advise on the next steps should you be presented with a settlement agreement.
Staff pregnancies can be a complicated area when it comes to reasonable adjustments. The case of Town v The Chief Constable of Devon and Cornwall Police is one example. Here, our Employment team reviews the case and highlights the importance of risk assessments and reasonable adjustments for pregnant employees.
If you feel you are being treated detrimentally, or you have been dismissed, due to reporting on your employer, you could have a claim for whistleblowing. Our Employment team reviews the two different claims you could have in this situation, and how you should proceed if you have questions.
The news that no-fault divorce is likely to become law has been welcomed, but what does this mean for couples in the future? Hannah Rogers, Family Solicitor in Portsmouth, explains what the change in legislation means and why Family Mediation still has a valuable part to play.
The case of Pimlico Plumbers and another v Smith has been regularly in the news over recent years and that doesn't show signs of stopping. Our Employment team review here the outcome of another case involving these parties, this time involving holiday pay.
With the continued rise in employers using restrictive covenants within employment contracts, it is important that employees are aware of their rights and responsibilities, from signing the contract of employment to their enforceability once they move to different employment.
Issuing employees with a statement of particulars in a legal requirement and one that must be done within a certain timeframe. A recent case however has led to the question of when such a statement should be provided.
If you have been dismissed or made redundant, you may be presented with a settlement agreement from your employer. These agreements are increasingly being used by employers in these situations as by doing so you are waiving your right to bring a claim...
The number of people releasing equity in their homes is on the rise, and with it comes a rise in first time buyers who are using those funds to buy their first home. Zoe Fellows, equity release specialist in our Fareham office, reviews recent findings...
Making reasonable adjustments is important not only for employees but also for employers to ensure they provide equal opportunities for all candidates and members of staff. Our Employment team today review a case discussing this topic; Proctor v Haxby...
Making redundancies will be a difficult decision for your business, but one that sometimes cannot be avoided. Conducting a fair redundancy process is crucial, not only for the wellbeing of your employees, but also to avoid a potential Employment...
A ballet dancer recently succeeded in her legal battle in which she sought a share of her grandmother’s £650,000 estate after she was able to prove she was financially dependent on her. Kevin Horn, Partner in our Fareham based Private...
Occupational Health reports can be used in a number of cases, for example, if an employee is off sick, has taken frequent short term absences, or in the recruitment process if necessary. Absences can be disruptive to your business and Occupational Health can...
A recent Tribunal decision has considered whether derelict residential properties are liable to the 3% surcharged rates for Stamp Duty Land Tax (SDLT). Joe Taylor, Commercial Property Solicitor in our Portsmouth team, considers the outcome of the case and...
Mr Flemming was employed by East of England Ambulance Services NHS Trust from April 2009 to November 2015. He suffered from a mixed anxiety and depression disorder which classed him as disabled under the Equality Act 2010, however Mr Flemming was confident...
If you are dismissed without notice you may wish to extend your length of service to enable you to bring a claim against your employer. Our Employment team explain here whether this is possible and when you may be entitled to extend your length of...
The High Court has recently announced their decision in a pinnacle case regarding whether Brexit could frustrate a commercial property lease. Molly Siggs, Commercial Property Solicitor in our Portsmouth office, reviews the outcome of the case. ...
Our Residential Conveyancing team have previously discussed how to spot Japanese Knotweed on your property, but could you have legal grounds to make a claim if your neighbour’s land has Japanese Knotweed that is encroaching upon your land? ...
Warner Goodman LLP and Portsmouth Down Syndrome Association are delighted to announce they will be continuing with their partnership for a consecutive sixth year. Claire Battye, Commercial Property Partner in Portsmouth, explains why the firm has...
Mr Plaistow was a prison officer who was transferred to Her Majesty’s Prison Woodhill in September 2014. He was later suspended in January 2016 and dismissed from his role for gross misconduct in August 2016. ...
It is necessary for some roles for an employer to have a full picture of the employee’s criminal background, but this is not true for all professions; you will need to decide if a voluntary disclosure is sufficient for the role, or if an official...
On 20 March 2019 the Homes (Fitness for Human Habitation) Act 2018 (the Act) will come into force in England. The Act will give tenants the right to take court action for breach of contract if a property is not fit for human habitation at the start of and...
For one Trainee Solicitor, 1 st March will forever be remembered as an important milestone in their career, as Joe Taylor takes the next step and qualifies as a Solicitor. Joe joined the Warner Goodman Commercial Property team based in Portsmouth in 2015...
In 2016, Middlesborough Football Club deducted the cost of season tickets from employees' wages over a period of several weeks. HMRC stated that such deductions amounted to the club's employees being paid less than the NMW, breaching the National...
2019 will be a year of change for employers and it is vital that companies are prepared in order to avoid potential tribunal claims against them. Chris Greep, Employment Solicitor, reviews the key updates we can expect to see in the next 12 months. ...
As this is my last edition as editor of the Commercial Brief I thought it would be appropriate to become slightly philosophical on a legal subject that is very close to my heart—commercial contracts. I have, over the years, seen and indeed drafted,...
Landlords will be familiar with the protection afforded to business tenants when it comes to lease renewal under the Landlord and Tenant Act 1954. At the end of WWII, commercial property was at a premium. Business tenants found that when they...
An option available to a tenant under a commercial lease is the ability to assign (or transfer) the lease to a third party. This will usually require the landlord’s consent. One of the conditions of a landlord giving their consent will inevitably be...
The Trade Marks Regulation 2018 (SI 2018/825), implementing the Trade Marks Directive (EU) 2015/2436 and amending the Trade Marks Act and the Trade Mark Rules 2008 came into force on 14 January 2019. We list below some of the most important changes: Marks...
In the case of Christian Fülla v Toolport GmbH (Case C-52/18) EU:C:2019:22 (15 January 2019) Advocate General Wahl has issued an opinion concerning the return of defective goods for repair, under the Sales and Guarantees Directive (1999/44/EC )...
Guidance has been issued by the Department for Business, Energy and Industrial Strategy (BEIS) concerning the use of personal data after Brexit. The BEIS guidance explains how Brexit will affect UK businesses both in the event of a deal and if there is no...
