Docklands Solicitor

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.

Labels: legal advice, unfair dismissal

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

Labels: franchise, legal advice

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.

Labels: employment tribunals, holiday entitlement, legal advice, working time regulations

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

Labels: employment, legal advice, partental leave

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

Labels: docklands solicitor, legal advice, Wills and Probate

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.

Labels: age discrimination, employment, legal advice

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

Labels: fixed fee meetings, legal advice, solicitors

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

Labels: docklands solicitor, employment contracts, legal advice

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

Labels: legal advice, redundancy consultation periods