Family Mediation is an alternative way to resolve disputes with your former partner if you are divorcing or separating; however, there is often some confusion over the roles of a Solicitor and Family Mediator, and whether a Solicitor should be appointed to coincide with Mediation. While a Solicitor is there to advise you legally throughout your divorce or separation, a Family Mediator will work with both you and your former partner to help you to make joint decisions involving your children or finances. Sam Miles, Family Partner and accredited Family Mediator, here explains the difference between a Solicitor and a Mediator and the roles they have to play.
Although it only happens once every four years, the extra day that comes with a leap year can catch employers out when it comes to paying their employees. Whether or not you need to pay them for the extra day depends on if the employee is salaried or is paid hourly. In this article, our Employment team detail the difference between a salaried employee and one who is paid hourly in regards to a leap year, as well as how the changed date for the May bank holiday could affect holiday entitlement next year.
The death of a family member or friend will be a devastating time, changing your life and leaving you with many different arrangements to make, all while you try and grieve and come to terms with what has happened. Making arrangements for the probate application will be one of the first things you need to do, and we are often asked whether this needs to be done when there is no Will. While there are certain situations when probate is not needed, the presence of a Will is not one of those. Sue Nicholson, Associate Solicitor in our Private Client team, explains more here about when probate is and is not needed, and how we can support you through this time of change in your life.
In order to bring a claim against your employer at an Employment Tribunal (ET), you must complete an ET1 claim form. It is vital that you complete this form correctly, as once your ET1 form has been sent, you cannot change anything on it unless you get permission from the ET. You may wish to amend your claim form due to an error in your initial submission, or because more information has come to light that wasn’t apparent before. Whether the ET will agree to amend the claim form depends on what the changes are and their significance to your case. In this article, our Employment team detail the facts that the ET will consider when deciding whether to allow amendments to a claim form and they examine the case that provides a guiding influence on the process.
We are pleased to announce a new string to our Employment Law bow, with the appointment of Natasha Young as External Training and HR Manager.
Natasha has 20 years experience of working in HR across a range of sectors and is also a Fellow of the CIPD. In her new role with the Hampshire law firm, Natasha will be working with local employers in two main areas, namely providing training and in-house HR support.
A diagnosis of mesothelioma will be a devastating one and will mean making significant changes to your life for both you and your family. A diagnosis due to exposure to asbestos in the workplace will mean that you are entitled to make a claim for compensation to help you with the necessary costs for care and to cover loss of earnings. Catriona Ralls, Industrial Disease specialist within our Personal Injury team, explains more here about how much you may be entitled to claim and how we can support you and your loved ones at this difficult time.
Throughout an employee’s tenure at your business, you may well pay for them to attend various training sessions, but can you recover those costs if they leave? The answer to this depends completely on the employee’s contract or the terms of any training agreements they have signed. If there is no contractual right that allows you to reclaim payment, the money cannot be recovered. You may be able to offset the amount owed against the money the employee is due to receive during their notice period; however this comes with its disadvantages. In this article, our Employment team detail on what grounds you can reclaim training costs, the risks involved and what considerations you’d need to make in regards to National Minimum Wage.
In the recently reported case of Akita and another v Governor and Company of the Bank of Ireland [2019] EWHC 1712 (QB) (31 January 2019), the High Court has allowed an appeal against the dismissal of a claim following non-attendance at Court. The appeal related to the application of Civil Procedure Rule 39.3, which permits the Court to strike out a claim if the claimant does not attend the trial of the matter.
Superior Style Home Improvements Ltd (Superior Style) has been fined £150,000 by the Information Commissioner's Office (ICO) for failing to comply with Regulation 21 of the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426) (PECR).
In the case of Al-Ko Kober Ltd v Sambhi [2019] EWHC 2409 (QB) (13 September 2019) the High Court has granted summary judgment in favour of Al-Ko Kober Ltd and its marketing director against the defendant, who manufactured a competing product (stabilisers for towing caravans), for their claims for defamation, malicious falsehood and breach of the Data Protection Act 1998 (DPA 1998).
The High Court recently determined the question of whether a notice of assignment of a debt was valid where it stated an unverifiable date of assignment.
Individuals have the “right to be forgotten” under the General Data Protection Regulation (GDPR), which means they have the right for their personal data to be erased upon their request. A recent case has confirmed that the territorial scope of the right applies solely within the EU and not worldwide.
With the current uncertainty surrounding the British economy, it is fair to say that businesses are considering their long term options, with many now looking to sell. Naushad Rahman, Partner in our Company Commercial team, explains some basic steps you should bear in mind when preparing for such an eventuality and how we can support you, your business and your employees through what can be a traumatic transition.
Using other people's corporate and brand images without consent is obviously asking for trouble. But what about using other types of image for commercial purposes? The internet is awash with free-to-view images and there is an understandable temptation to appropriate them in some fashion for one's own use, without ever verifying whether or not those images are still subject to copyright and, if so, seeking an appropriate licence from the copyright holder. Brian Bannister, Company Commercial Solicitor, explains here the best option for you when using images for commercial purposes.
The Law Commission has announced that electronic signatures can be used instead of a handwritten signature on nearly all legal or contractual documents following a lengthy consultation. Helen Porter, Partner in our Commercial Litigation and Dispute Resolution team, here explains more about the move, the areas of legal practice where there are still exceptions and what this means for businesses.
The breakdown of a relationship will always be a difficult time for all concerned, especially when there are children involved. It is understandable that there may be animosity following the divorce or separation, which can lead to conflict when making arrangements for your children or for the finances. While you may wish to go straight to Court, in most cases you will need to attend a Mediation Information Assessment Meeting (MIAM) to determine whether Family Mediation could be an alternative to the Court process. Sam Miles, Family Partner and Mediator, explains here why you may need to consider Family Mediation, and the exemptions that may apply.
Both agile working and flexible working are becoming more common in modern workplaces; but to effectively implement either of these approaches, employers need to understand that while similar in many ways, they are different in what they aim to achieve. In this article, our Employment team detail what flexible working and agile working are, their objectives and the positive and negative impacts of both.
The Government’s proposal to abolish section 21 notices has caused a feeling of uncertainty amongst landlords as to how they will go about regaining possession of their property if a tenant refuses to leave after the fixed term of their tenancy agreement expires. The Government has stated that the purpose of the abolishment is an attempt to remove no fault evictions so as to provide renters with the security of having a tenancy that cannot be ended through no fault of their own. The National Landlord’s Association have specified that “over 96% of landlords would consider the leaving the market without section 21”.
Releasing equity could be the right option for you if you are looking for an injection of funds; however you should be sure to research and seek the right advice so that you choose the optimum plan, particularly if you are considering moving property in the future. While equity release does not commit you to staying in your property, the various plans available may have certain restrictions on the types of properties you move to. Kiri Saunders-Brown, Equity Release specialist, explains more here about equity release and whether you can move once you have released equity.
