Woman awarded £12,760 after a fall at work
She had worked as a cleaner at a commercial cleaning company. She was carrying a tray of mugs into the kitchen when she tripped on a mat that had been placed on top of the kitchen carpet. She fell head first into a work surface. She fractured three of her teeth in the fall and…
Firms paying bills quicker – even big companies behaving better
Experian’s late payment index shows that between July and September this year, companies took 24.88 days beyond the agreed terms to settle a payment. In 2011, the figure was 26.11 days for the same period. The most significant improvements came in the food industry. Food retailers settled payments 29.15 days late on average. That’s 5.06…
Manager wrongly demoted after posting comments on Facebook
Adrian Smith is a Christian who worked for Trafford Housing Trust (THT). He was demoted after he posted comments on Facebook on the subject of gay marriage in church. He posted the comment: “The bible is quite specific that marriage is for men and women. If the state wants to offer civil marriage to same…
Council fined £120,000 for data protection breach
In a recent case, Stoke-on-Trent Council was fined £120,000 after one of its employees emailed sensitive information about a child protection case to the wrong person. An investigation by the Information Commissioner’s Office (ICO) found that the employee breached the council’s guidance policy which stated that sensitive information should be encrypted or sent over a…
Licensees to help pay cost of alcohol related disorder
The Police Reform and Social Responsibility Act 2011 gives local authorities more discretionary power to restrict the sale of alcohol. They will also be able to make late night bars help with the cost of cleaning up and policing the effects of excessive drinking. Alcohol related crime and disorder costs the country £11billion a year….
Could someone gain a right of way over your property?
So how many times do they need to cross the land to establish such a right? A recent case involving a landowner and his neighbour suggests that even infrequent use may be enough if it remains unchallenged over several years. The landowner’s property contained an unregistered track that was wide enough for a car to…
New wave of entrepreneurs create 300,000 businesses
The number rose from 4.5million at the beginning of 2011 to a record 4.8million at the start of 2012. Those 4.8 million businesses employ an estimated 23.9 million people and have an estimated turnover of £3,100 billion. Many of the new businesses have been set up by people who lost their jobs during the recession…
Rent control being considered by Select Committee
The committe is inviting interested parties to submit views on issues such as the quality of rented housing and how to enqure that standards remain acceptable. It will look at levels of rent, the possibility of rent control and the regulation of landlords and letting agents. Issues such as tenancy agreements, homelessness, the interaction between…
Family Lawyers shocked by big money divorce case ruling
The decision has shocked many family lawyers and legal commentators. The issue arose earlier this year when the High Court identified some properties belonging to companies owned by Mr Prest. The judge held that Mr Prest was the sole owner of these companies and in sole control of them. It therefore followed that he was…
Business insolvencies reach a two-year peak
Figures released by the financial services firm RSM Tenon showed that more than 400 companies became insolvent every week. This was a 5% increase on the final quarter of 2011. The industries hardest hit were business service providers such as IT consultants, designers, and equipment and maintenance suppliers. The sector made up 25% of the…
Sudden rise in court disputes over children
There’s also been an unexpected rise in the divorce rate. The number of court cases involving parental disputes over children had been falling steadily since 2009. However, official Ministry of Justice figures show that between April and June this year, there were 27,204 children involved in family court cases. That was a 14% increase on…
Couples are hiding ’41 billion debt from each other’
A survey by the Co-operative Bank found that married and cohabiting couples have a total of £41billion debt that their partners know nothing about. One in seven men admitted concealing debt compared with one in ten women. On average, men owed £14,228, while women had debts of £22,418. Just over one in five people said…
Estate agents face prosecution over misleading information
In the brochure they described the house as a “charming period, detached family house…set within superb gardens of approximately three-quarters of an acre”. The gardens were actually only 0.4 acres. The estate agents had relied on the vendors of the property for details of the house rather than taking their own measurements. Their description in…
Consultants ‘were not negligent’ despite some failings
The consultants had been asked by the commissioners of a drainage authority to explore options for upgrading a pumping station. They carried out research with local authorities and other interested bodies and received no material objections. The local planning authority indicated that a new pumping station would not require planning permission as it would be…
New guide to avoiding conflict in divorce
The guide, Separating Together: Your options for separation and divorce, follows an online poll by Resolution that revealed that 81% of people believe that it’s children who suffer most during a marriage break-up. This is in spite of the fact that 78% said that the children’s interests would be one of their top priorities. The…
Low deposit NewBuy Guarantee homes still available
The scheme was set up in March to help people buy a home by providing 95% mortgages on newly built properties. It means that instead of a typical buyer having to provide a deposit of £20,000 on a £100,000 home, which many lenders demand, they only have to provide £5,000. It’s ideal for people who…
Have your say about EU Directive on late payments
The directive is due to be implemented next year. Businesses from all the participating member states will then be under the same obligation to ensure that invoices are paid on time. The main points in the EU Directive are: Public authorities will be required to pay suppliers within 30 calendar days of receipt of an…
Firm named and shamed for flouting National Minimum Wage
The move is part of an initiative by the Department for Business, Innovation and Skills (BIS) to name and shame companies that don’t adhere to NMW regulations. It shows the Government’s determination to get tough on companies that don’t fulfil their responsibilities to their employees. The case involved Treena Professional Hair and Beauty salon in…
Government to reduce health and safety regulations
There are more than 6,500 regulations that the Government inherited through the Red Tape Challenge Process. They intend to scrap more than 3,000. One of the key changes involves health and safety inspections. Businesses such as shops, offices, pubs and clubs will only face inspections if they have a track record of poor performance. Only…
Criteria for ‘naming’ firms who flout National Minimum Wage
To help employers comply with the regulations, BIS has outlined the following seven points that could put a firm at risk. An employer only has to meet one of these points to be named: i. There is evidence that the employer knowingly or deliberately failed to comply with their NMW obligations. ii. There is evidence…
Former postal worker wins race discrimination claim
Abdul Musa first complained about racist behaviour by his co-workers in 2006. The Royal Mail investigated the complaint and one of its employees at its depot in Blackburn was dismissed. However, the problems continued. Other employees at the depot, who were angered by their colleague’s dismissal, refused to speak to Mr Musa. The Royal Mail…
Ten million people unaware of pension reform
Workers at large companies will now be automatically enrolled into workplace pension schemes unless they choose to opt out. Their employers will be responsible for enrolling them into the National Employment Savings Trust or another suitable scheme. The changes came into effect for large companies on 1st October. Employees at smaller companies will be enrolled…
Company awarded £50,000 compensation from former director
The case was brought by a security company against its former business development director. The director’s contract had contained a restrictive covenant stating that if he left, he would not set up a rival firm or solicit business from the security company’s current customers for a period of six months. However, just one day after…
Don’t get angry, get a solicitor
The Law Society has begun a hard hitting poster campaign featuring traumatic incidents that can arise out of everyday events such as divorce cases, neighbour disputes and disagreements over wills and probate. The poster relating to disputed inheritance shows an antique sideboard being threatened by a chainsaw; the divorce poster shows a car that has…
Employment law changes ‘to ease burden on businesses’
Ministers are planning to reduce the compensation cap for unfair dismissal claims, reduce the number of vexatious claims and promote the use of settlement agreements. However, they have decided against introducing compensated no fault dismissal. The proposals, which are subject to public consultation, include: Promoting the use of settlement agreements. The Government’s consultation document sets…
Surge in number of people taking out Lasting Powers of Attorney
LPAs allow you to appoint someone to look after your affairs if you reach a point in the future when you can no longer make decisions on your own behalf. This could be as a result of failing health, or it could simply be that you are out of the country or too busy to…
Man awarded £2,500 after tripping on snow covered pothole
The man had been walking across a car park, carrying his one-year-old nephew. There was a large pothole in his path. It was estimated to be six feet wide, three feet long and five inches deep. The man didn’t see it because it was partially covered by snow. He tripped and fell heavily on his…
Ministers welcome proposals to boost private rented sector
Housing Minister Grant Shapps says the report compiled by Sir Adrian Montague provides a blueprint for building more good quality homes. Most of the private sector in the UK is managed by individual landlords. This is likely to remain the case but Sir Adrian’s report says there is potential for much greater investment in larger…
Crane driver awarded £38,000 for disability discrimination
The employment tribunal in Hull heard that the driver, who didn’t wish to be named, had been loyal to his employer and had a good work ethic. He had joined the company in 2007. At the end of 2008 he had surgery to remove part of his left leg following an accident and he eventually…
Employer ‘legally protected’ against libel claim over reference
This was illustrated in a recent case before the High Court. It involved a laboratory assistant, Mr Bol Thour, who had worked for the Royal Free Hospital in Hampstead. He applied for a job at St Bart’s Hospital, which was dependent on him getting a satisfactory reference. The Royal Free provided a reference which said…
Home Sellers urged to be realistic about prices
The latest UK Housing Market Survey by the Royal Institute of Chartered Surveyors (RICS) says that interest from would be buyers held firm in July despite the bad weather. However, the number of homes being put up for sale continued to fall with fewer vendors wanting to test the summer market. The Nationwide building society’s…
Scrapping restrictions could help shops and new businesses
Ministers want to make it easier for new ‘pop-up’ shops to use vacant high street premises until a more permanent tenant can be found. Under the current system, there are planning rules that restrict the kinds of business that can use high street shop units. A Government statement says: “The proposals would scale back the…
Homeowner awarded compensation for tree root damage
The property backed on to a local authority park which contained some poplar trees at a distance of about 30 metres. In 2003, the homeowner noticed cracks in the walls at the back of the house. More cracks appeared in 2006. Both engineering and arboriculture experts agreed that the damage was caused by tree roots…
Company wins injunction against former employee
The employee had left Churchill Retirement Living Ltd to work for a rival company called McCarthy & Stone Retirement Lifestyles Ltd. While working for Churchill, the employee was subject to contractual duties relating to the company’s confidential information and documents. He admitted that when he left Churchill, he had accessed certain confidential documents and taken…
More landlords facing problems with rent arrears
Looking to the future, 37% of landlords are worried that they will experience more arrears in the coming months. NLA research shows that an average landlord with 12 lettings will have four tenants in arrears. The average cost of these arrears is £2,363. The NLA is advising landlords to work closely with tenants to help…
Only use qualified professionals for wills and probate
This has led to thousands of cases of people being overcharged, or having wills drawn up that are not legally watertight. The Legal Services Board (LSB) conducted an extensive investigation into the problem and has recommended that will writing and estate administration services should face strict regulation to protect consumers from sloppy and fraudulent practitioners….
Mother prevented from taking her son on holiday abroad
The boy’s father had obtained an order prohibiting the mother from taking him on holiday to Turkey. The mother applied to the court for a review. Her father – the boy’s grandfather – provided evidence that he would not try to persuade her to remain in Turkey. He also said he would do his best…
Judge wants more rights for cohabiting couples
The call from Lady Hale is important because thousands of cohabiting couples are under the illusion that they have the same legal rights as people who are married. It’s a misconception that all too often leads to heartache. It could be that someone lives with their partner for 20 years yet ends up homeless and…
Engineering firm wins court battle over unpaid invoices
The issue arose when the French firm complained that the various pieces of engineering machinery did not have certificates of conformity which are necessary under an EU directive. It said this meant they could not be sold and so were unfit for purpose under the Sale of Goods Act 1979. This was in spite of…
National Acclaim for Parveen Ahmed
Parveen worked for the Citizen’s Advice Bureau for over 10 years during which period she obtained her law degree from the Leeds University in 2002. She secured a training contract with Ison Harrison in 2002/2003 and qualified as a solicitor in 2005 to specialise in family work. She is a member of the Law Society’s…
Son successfully challenges his father’s will
The father had lived with his second wife in a property that was purchased solely in his name. In 2001, he had written a will that left everything to his two sons. After he died, his son’s solicitor wrote to the wife to ask what she intended to do about living in the property. She…
Government sets employment tribunal fees for employees
The new fee arrangement will be introduced next summer and follows widespread consultation with business leaders and trade unions. Currently, employees don’t need to pay to make a claim. This has led to complaints from some businesses that it is too easy for disgruntled staff to waste time with frivolous claims. Starting next summer, employees…
EU leaders agree on Unified Patent Court with UK section
The court will be based in Paris but will have a London section covering cases involving pharmaceutical and life science issues. There will also be a section in Munich covering engineering and resources. Business Secretary Vince Cable said: “The deal means for the first time a single patent will be valid across 25 European countries….
Man awarded £44,000 after being called gay at work
Michael Austin’s colleagues were football fans. The employment tribunal heard that some of them considered men who don’t like football to be gay. Mr Austin was interested in art. When he spoke about a documentary on Salvador Dali, his colleagues said it was ‘further evidence of his homosexuality’. He was upset and went for a…
Worker off sick for a year ‘entitled to holiday pay’
Janet Larner had been signed off work with ME and depression, and had six months leave on full pay followed by another six months on half pay. While she was off sick, she didn’t ask for her holiday leave to be carried forward into the next year. When her employment was terminated, she wasn’t paid…
Boost for landlords paying empty property rates
Currently, business rates are charged on nearly all non-domestic properties such as shops, offices and factories while they are in use. Properties with a rateable value of less than £2,600 are exempt from rates when they become vacant. However, buildings with a rateable value above £2,600 only qualify for a three-month exemption period if they…
Law Club Live Seminar: ‘Employment issues in 2012’
In most industries, employees are the determinants of a productive, successful company. In the next session of our popular Law Club Law CLub Live seminars, we will be focusing on the risks, responsibilities and rewards of Employment, that will lead to a greater understanding of what most firms would consider their most prized asset. The…
Developer wins appeal to quash planning inspector’s decision
The dispute arose after the developer decided to shut down a pig rearing unit and demolish an old farm house. He said he had done so because the council had told him it would approve his planning application. Later when he made his application, the council said there was no such agreement and refused permission….
New digital approach to Lasting Powers of Attorney
They are often set up as people get older and fear their health may begin to fail. Alternatively, people use them if they are going to be out of the country or preoccupied for some other reason and need someone to look after their interests for them. You can appoint someone to make decisions on…
Changes to consultation process during large scale redundancies
Under the current rules, companies must consult with their employees for 90 days if there are likely to be large scale redundancies involving more than 100 employees. Employment Relations Minister Norman Lamb wants to shorten this consultation period and improve communication between managers and staff. He believes that would reduce uncertainty for workers and make…