Docklands Solicitor

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2010-04-19T09:09:00.001+01:00

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Unfair Dismissal

2010-04-19T08:00:00.000+01:00

The Government confirmed that from 1 February 2010, the maximum compensatory award that may be made in unfair dismissal claims will be reduced to �65,300 (from �66,200), to take into account the fall in the Retail Price Index. However, there is no change to the limit on a week's pay which will remain at �380.

Franchisors beware!

2010-04-14T14:30:00.001+01:00

Normally when a buyer enters into a transaction, he is responsible for checking out matters himself - 'caveat emptor' or 'let the buyer beware'.
However, in a franchise situation, the Courts may well hold that the experienced franchisor has a duty of care to a novice prospective franchisee for example, in such matters as advising them of the likely cost of a shop fit.

It is tempting to paint too rosy a picture when trying to entice a prospective franchisee into paying a franchise fee and a recent court case has shown how dangerous that can be

Call Michael Breeze 07 900 195 195 for advice on commercial matters

Employment Tribunals

2010-04-10T09:00:00.001+01:00

In the recent case of Shah v First West Yorkshire it was confirmed by the Employment Tribunal that where an employee was on sick leave and was therefore unable to take his/her full entitlement of holiday leave, the employee was allowed to carry over the un-used holiday into the next holiday year.

The ET stated in the case that under the Working Time Regulations, Regulation 13(9) ?Save where a worker has been prevented by illness from taking a period of holiday leave, and returns from sick leave, with insufficient time to take that holiday leave within the relevant leave year; in which case, they must be given the opportunity of taking that holiday leave in the following leave year.?

This case marks a significant victory for employees. Employers can now expect to be faced with requests, to carry over unused holiday leave in similar circumstances.

Parental leave entitlement to be increased

2010-04-08T14:13:00.000+01:00

The EU Council of Ministers has adopted a new Parental Leave Directive.

This will affect UK law by increasing the parental leave entitlement.

Parental leave entitles birth and adoptive parents and those with (or expecting to have) parental responsibility for a child to take unpaid leave for the purpose of caring for that child.

EU law currently provides that this entitlement should be at least three months unpaid leave for each child.

In the UK under the Maternity and Parental Leave Regulations 1999, it allows parents satisfying the eligibility criteria (e.g. employee must have one year's continuous service) to take up to thirteen weeks unpaid parental leave for each child. Such leave must be taken before the childs fifth birthday (or 18th birthday, if the child is disabled). However, employers are entitled to postpone an employee's leave where it considers that its business would be unduly disrupted by taking the parental leave entitlement.

The new Parental Leave Directive requires that entitlement must be increased to at least 4 months per child.

All EU Member states have been given two years to implement this change.

Summary

This change serves as a reminder that parents have a statutory entitlement to take unpaid leave in certain circumstances. This is in addition to statutory maternity, paternity and adoption leave entitlement.

Although the new Directive will not have an immediate impact in the UK, employers and employees should be aware that the Government will be required to introduce new legislation to increasing parental leave entitlement in the next couple of years.

For advice on any employment matters contact Selwan

Legal Advice on Contracts

2010-04-06T11:17:00.000+01:00

In the recent case of Bishops Wholesale News agency Limited and others v Surridge Dawson Limited (2009), it was decided that the terms of negotiated agreements will not be altered by the court just because they are more favourable to one party than the other, particularly if the parties have received legal advice.

It is therefore extremely important that contracts are carefully drafted by experienced and knowledgeable solicitors. For expert advice contact Selwan Yousif on 0207 712 1751

Make a Will before its too late!

2010-04-01T13:05:00.002+01:00

If you make a Will your estate ie all your money, property etc goes to the people you choose. If you do not make a Will, the law decides who should inherit! Which option would you prefer? Telephone Vanessa Adamson on 01622 844607 for further details

Age Discrimination

2010-03-22T08:00:00.000Z

A late 2009 case recently reported that an employee, who was dismissed six-and-half months before he would have been eligible for early retirement, had been discriminated against on the grounds of his age - as the local authority employer had been motivated to dismiss him to avoid the cost of his early pension entitlement.

Lien

2010-03-19T10:22:00.002Z

This is the right of someone to "impound" another persons property as security for a debt.

As a matter or general law, there are limitations and conditions attaching to its use.

To make them really helpful, you need to get around these limitations and conditions by contract.

We can quote a fixed fee for a meeting to discuss how you wish to protect your business and to prepare/redraft your Terms of Business.

Please contact Selwan Yousif in Docklands on 0207 712 1751 or Luke English in Kent 0845 270 2511. Alternatively call Michael Breeze on 07900 195 195

Mediation

2010-03-08T09:05:00.002Z

Mediation.... So useful for so many situations. It is all to easy to get hunkered down in your trench lobbing arguments like hand grenades over the top and hoping they do some damage; putting your head out and do a bit of sniping here and there ?not very productive

Much better to hum loudly 'Silent Night', walk out into 'No-Mans land' and have a game of football. You might be able to resolve your differences

...always takes advice after the event

2010-03-02T23:55:00.002Z

So I hear that this some time client bought a business but did not look into (or took a gamble on) the premises

He then found the landlord locked him out because the previous guy had not paid the rent !

I am now wondering if I will get a call from him complaining about the unfairness of it all

Fixed Fee Meetings

2010-01-27T09:57:00.001Z

Kaslers Solicitors LLP offer Fixed Fee Meetings to discuss your legal position.

Expert advice is confirmed in writing so you can make an informed decision about your future.

To make an appointment please call 020 7712 1751

Our services include:

� Wills, Probate and Lasting Powers of Attorney
� Residential and Commercial Property
� Road Traffic Accidents and Personal Injury
� Media & Intellectual Property Law
� Contract Drafting and Licensing
� Business Sales and Purchases
� Employment Law and Compromise Agreements
� Director, Shareholder and Partner Disputes
� Contract Arguments and Civil Litigation

Wills

2009-12-17T14:04:00.000Z

New Research by the Law Society has revealed the risk the public are being exposed to by unregulated, unqualified and uninsured will writers. A will writer who, unlike a solicitors, is not legally qualified, regulated and insured should something go wrong.

New Process for dealing with road traffic accident injury claims

2009-12-16T14:00:00.000Z

After being injured in a road accident, the last thing anybody needs is long drawn out legal process.

Fortunately, in the very near future, the waiting time for most of these cases is going to be dramatically shortened - if the lawmakers have finally got it right.

With effect from Spring 2010, a completely new process for road accident injury claims becomes compulsory and where the insurer of the driver responsible for the accident admits liability immediately, the claim should normally be finalised in a matter of a few months. For further details please click here

Chris Lodge has specialised as a Road Traffic Accident Solicitor for over 25 years and sits as a representative for the Motor Accident Solicitors Society on a Ministry of Justice working party testing and piloting the electronic notification form described above.

Varying an employment contract

2009-12-03T08:00:00.000Z

The employer must provide full an complete information as part of a proper consultation process. This would usually included reasons why the employer is contemplating the work changes proposed; the manner in which the changes will help the employer to meet its aims (e.g. avoid redundancies) who will be affected and for how long, and the steps in the consultation process.

If, following consultation, no agreement can be reached, then the employer can simply try to force the changes through.

This will be done by the employer giving the employees their proper notice periods, and simultaneously offering them the new, varied, contracts of employment to take effect from the date on which the old contracts end.

If the employees accept the change, then the variations are made and the employees continue under the new terms. If they do not accept, then their employment will end at the date of the notice period, and the employees will then have to decide whether to bring claims for unfair dismissal.

If so, the employer may well be able to rely on the ?some other substantial reason? defence when justifying the dismissals. Provided the employer had a good reason for proposing the changes, and consulted properly about it, those dismissals are likely to fall foul of the unfair dismissal rules.

For help and advice please contact Selwan Yousif at Kaslers Solicitors LLP on 0207 7121751

Collective Redundancies

2009-11-30T08:00:00.000Z

There is a duty on employers to consult over the business reasons for making redundancies (e.g. the financial, operational or structural reasons for the redundancies). In some instances this may require the employer to disclose some of the underlying financial data or business information.

For help and advice please contact Selwan Yousif at Kaslers Solicitors LLP on 0207 7121751

Collective Redundancies

2009-11-27T08:00:00.001Z

If an employer plans 20 or more redundancies within a 90-day period, then collective consultation is required. It does not matter if some employees decide to leave voluntarily (so as to then reduce the number below 20).

For help and advice please contact Selwan Yousif at Kaslers Solicitors LLP on 0207 7121751

Companies Act Filing of Accounts

2009-11-26T13:16:00.002Z

The deadline for filing accounts for financial years beginning on or after 6 April 2008 is now 9 months (was 10 months) for private companies, and 6 months (was 7 months) for public companies.

For help and advice please contact Selwan Yousif at Kaslers Solicitors LLP on 0207 7121751

New proposals for paternity leave

2009-11-04T13:39:00.001Z

The government has announced plans that will allow fathers to take up to a total of 26 weeks additional paternity leave.At present mothers are entitled to 52 weeks statutory maternity leave and a total of 39 weeks statutory maternity pay.

Fathers are entitled to only 2 weeks paid paternity leave if qualifying conditions are met. The governments current proposal is that fathers will be entitled to take ?additional paternity leave? of up to 6 months.

This ?additional paternity leave? will come off a mothers entitlement to 52 weeks maternity leave.

In effect both parents will be able to split the total of 52 weeks leave between them.

Plans to extend statutory maternity pay to the full 52 week period have been put on hold, meaning that if a father takes the additional 26 weeks leave, he will only be entitled to receive paternity pay for half of that (up to the total of 39 weeks for both mother and father).

The draft government regulations confirming the detail of the proposal have yet to be drawn up but it is expected that the new right will be effective for babies born on or after 5 April 2011.

Media News

2009-10-19T09:54:00.000+01:00

Kaslers Solicitors LLP congratulate the artist Val Kelly on reaching the finals of the Download Music Awards as Best Newcomer 2009

1 October 2009 Budget increase in statutory redundancy pay

2009-09-30T21:50:00.000+01:00

The one-off 2009 Budget increase in the maximum amount of "a week's pay" for calculating redundancy pay increases the maximum from �350 to �380.

Illegal File Sharing and music privacy

2009-09-23T16:52:00.000+01:00

Pop star Lilly Allen, an outspoken critic of both musical piracy and the Featured Artists Coalition?s (FAC) softly-softly approach to the issue, has set up a blog http://idontwanttochangetheworld.blogspot.com/
to discuss the problem of illegal file sharing.

Data Protection

2009-09-21T13:05:00.000+01:00

In August 2009 The Information Commissioner's Office (ICO) has found an doctor in Ipswich in breach of the Data Protection Act, for failing to secure a computer containing patient information.

The computer was found in a car park by an employee of Suffolk Primary Care Trust. The computer contained employee and patient details.

The doctor has to sign an undertaking to keep personal information securely
Sally-Anne Poole, Head of Enforcement and Investigations at the ICO, said it is vital that sensitive personal information, such as patient information, is handled securely.

Illegal Workers Penalties

2009-09-10T08:00:00.000+01:00

Employers who employ illegal workers face a maximum penalty of �10,000 per illegal worker.

Contact: Michael Breeze (Solicitor, Partner) m: 07 900 195.195
e: mdb@kaslers.co.uk skype: michael.breeze.kaslers

Redundancy Consultation

2009-09-07T08:00:00.000+01:00

An employer is obliged to consult with recognised trade unions (or if there are none, employee representatives) if 20-99 redundancies are proposed within a period of 90 days

Consultation must begin at least 30 days before the first dismissal takes effect

If 100 or more redundancies are proposed, then a 90 days consultation period is needed

Contact: Selwan Yousif Tel : 0845 270 2511 email : sy@kaslers.co.uk