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What notice pay should I give my employee if she resigns whilst on maternity leave?

Employment Team
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This is a tricky area of employment law and will be determined by your employee’s employment contract as this will state the notice pay they are entitled to if you have chosen to go over and above the statutory entitlement. Our Employment team explain your position and how you can calculate the amount that your employee is entitled to.

Who has parental responsibility?

Sam Miles
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All birth mothers automatically have parental responsibility as do fathers who are married to the mother at the time a child was born.  The rules regarding parental responsibility do alter for children whose parents are not married; Sam Miles, Partner in our Southampton based Family team explains more about parental responsibility in these situations and what this means for the input you have in your child’s life. 

What should be included in my social media policy?

Employment Team
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Depending on your business, how you use social media and why you use social media, a social media policy should specify the appropriate language to be used on both personal and company profiles, who should be posting on behalf of the company, when employees can and cannot be accessing social media, as well as the sanctions if the social media policy is not adhered to.  Here, our Employment team explain more about the detail that should be included within a social media policy.

Defendant's failure to assign domain name results is finding of contempt of Court

Torion Bowles
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In the case of Juul Labs Inc v Quick Juul Ltd (formerly Quick Xuul Ltd and Quick Juul Ltd) [2019] EWHC 1281 (Ch) (21 May 2019) the High Court has found an individual to be in contempt of Court having intentionally breached the terms of a court order by failing to sign two documents to transfer a domain name to the claimants in passing off proceedings. The sentence handed down was two months' imprisonment.

Putting back the pieces differently - The case for restructuring your organisation

Naushad Rahman
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During their lifetime all companies, businesses, partnerships and sole traders will have to react to personal, economic or financial change as certain factors become more salient at any given point in time. Organisations that refuse to change with the times face the risk of becoming obsolete, or at the very least, miss opportunities.

"Relational" contract benefits from implied duty of good faith

Torion Bowles
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In the case of Bates v Post Office Ltd (No.3) [2019] EWHC 606 (QB) (15 March 2019),  sub-postmasters' contracts with the Post Office have been held to be "relational contracts" and in turn benefited from an implied obligation of good faith. As a result of the implied obligation neither party could exercise its express contractual rights in a way that reasonable and honest people would consider commercially unacceptable.

How to hire and fire an apprentice

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Many employers have enjoyed the benefits of hiring apprentices, particularly since the Government introduced the Apprenticeship Levy in 2017.  Ensuring your apprentice is employed under the right documentation is essential to protect your business against possible claims in the Employment Tribunal. 

The scope of lawful act duress clarified by Court of Appeal

Torion Bowles
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Where a party enters in to a contract because of duress, the contract is voidable by the party who suffered the duress. Economic duress is one aspect of the duress doctrine with the party seeking to prove economic duress having to show the existence of an illegitimate pressure applied by the defendant without which it would not have entered into the contract. Common examples of the illegitimate pressure involve a crime or tort or breach of contract. On occasion, however, unethical but lawful acts have also been held to constitute economic duress.

Intellectual Property: everything you need to know

Helen Porter
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It was recently World International Property Day (26 April), a day on which the World Intellectual Property Organisation (WIPO) seeks to raise awareness about how various intellectual property (IP) rights impact on our daily lives. This year’s event celebrated the positive role that IP plays in encouraging sports amongst the masses, centring around how developments in technology and IP have seen sporting events grow to a global scale over the years.      

Bank's relationship manager had no authority to write off borrower debts

Torion Bowles
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The High Court has held in the case of Stavrinides and others v Bank of Cyprus Plc [2019] EWHC 1328 (Ch) (24 May 2019) that a bank's local relationship manager (the agent) had no actual or ostensible authority to write off its borrowers' substantial debts. As a consequence, the bank (the principal) was not bound by the letter purporting to do so, which had been initialled by the agent. In turn, the borrower was not entitled to rely on the terms of the letter.

How long does it take to release equity?

Kiri Saunders-Brown
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Depending on the equity release plan you choose, it usually takes between 6 to 8 weeks to release equity in your home, assuming there are no complications along the way. With this route of raising funds becoming more popular, Kiri Saunders-Brown, Equity Release specialist in our Southampton office, explains the various stages to equity release and the timescales involved.

Tenant Fees Act now in force

Helen Porter
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The Tenant Fees Act sets out the Government's approach to banning letting fees paid by tenants in the private rented sector and capping tenancy deposits in England.  The aim of the Act is to reduce the costs that some tenants have to pay, and...

Will Brexit frustrate a commercial property lease?

Alexandra Savage
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The High Court has recently announced their decision in a pinnacle case regarding whether Brexit could frustrate a commercial property lease.  Alexandra Savage , Commercial Property Solicitor in our Portsmouth office, reviews the outcome of the case....

What rights do carers have at work?

Employment Team
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Carers who are also in full time or part time employment have certain rights and protections, such as the right to time off for dependants and protection from associative discrimination. There are currently 6.5 million carers across the UK who are looking after the country’s most vulnerable people while also working. 

Do I have to wait 2 years for a divorce?

Claire Knight
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You do not have to wait two years to divorce if you can show the Court that your marriage has irretrievably broken down due to adultery or unreasonable behaviour, in which case you can divorce after one year.  Claire Knight, Family Solicitor in our Southampton office, explains your position further if you find yourself in this situation, and advises what your next steps are.

We have returned to Waterlooville!

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After moving away 9 years ago, we are delighted to announce they are back in Waterlooville , with the opening of our new office at Basepoint Business Centre Waterlooville on Waterberry Drive, near the Leisure Centre.   The new team are in the...

Employment Law Case Update: Aplin v The Governing Body of Tywyn Primary

Employment Team
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It is often said that your private life should not mix with your professional life. It can be difficult as the two so often run a very close parallel, but it can become a source of conflict when the two worlds collide. This is evident in the case of Aplin v The Governing Body of Tywyn Primary.

Can I keep my Linkedin contacts when I move to a new job?

Employment Team
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This is a complicated area and one that will be dependent on various factors, including the details of your employment contract, when the contact was made and whether they were made due to your own individual efforts.  When you leave your employment, LinkedIn could be a potential threat to your former employer as you can notify all of your contacts at the same time of your new position just by updating your profile, which could be a risk if your new employer is a competitor to your previous one.

Family life under the microscope for this year's Child Safety Week

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Keeping your family safe in today’s modern world is the theme this year for Child Safety Week; an annual campaign organised by the Child Accident Prevention Trust to raise awareness of how we can keep our children safe.  Deborah Foundling, Associate Solicitor in our Personal Injury team, explains the theme and highlights some key safety tips from the charity.