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…
Farmers and business owners seek safety in pre-nups
There’s been a similar trend among directors anxious to protect their businesses. Marital agreements such as pre-nups or post-nups set out in advance what should happen if the marriage ends in divorce. They can cover a wide range of topics but mostly they describe how the couple’s money should be divided if they separate. The…
Large companies to report on greenhouse gas emissions
All companies listed on the Main Market of the Stock Exchange will have to report from April next year. This will be reviewed in 2015 with a view to extending the rules to all large companies from 2016. The aim of the reports is to enable investors to see which companies are effectively managing hidden…
The importance of a landlord’s address when demanding rent
Failure to do so could result in tenants refusing to pay, as happened in a recent case that ended in legal proceedings. It involved a landlord who asked his agent to serve demands for payment of outstanding service charges. The address given on the demand was the business address of the agent. The case went…
Pensioner awarded £22,000 after accident on holiday
She had a share in a ground floor timeshare apartment – she needed to be on the ground floor because she was partially wheelchair dependent. However, when she arrived she was told that the ground floor apartment wasn’t ready so she reluctantly agreed to stay in another apartment which involved having to go upseveral steps….
New measures to make international patent applications faster
The changes affect the UK’s fast track system and will allow applicants to make changes to an international application while still being able to request accelerated processing in the UK. The IPO says this will remove a bureaucratic hurdle and increase the flexibility of the patent application process. The changes are part of a wider…
Should you help your children buy a home?
It makes grim reading for both generations and it is little wonder that many parents feel compelled to help, but they need to think carefully before going ahead. Everyone’s circumstances will differ but as a general rule, parents should avoid dipping into their retirement funds to help their children. A lot of things can go…
10% jump in County Court Judgments against businesses
The Registry Trust, which compiles the figures, says there were 34,602 CCJs against businesses in England and Wales in the first quarter. That was a rise of 9.8% on the final quarter of 2011. The total value of the judgments in the first three months of this year was £151m. The figure for the previous…
£100m to help small building firms restart developments
The money is on offer through the Get Britain Building fund, which was introduced last year to help firms resume work on projects that had ground to a halt through lack of funding. Previously, firms had to have plans for at least 25 homes on their sites to qualify for the funding. Now the limit…
Employees who fall ill on holiday can take time off later
The decision was made in a case brought by Spanish trade unions against a group of department stores. The Court said that the timing of an illness was irrelevant and that workers should be entitled to four weeks holiday per year. If the holiday was interrupted by illness, they should be able to take time…
Cohabitant entitled to a share of former partner’s property
The couple had started living together in 1986 at a farm bought by the man. Theyremained there until their relationship broke down in 1996. However, the partner remained on the farm and used it to run a cattery and kennel business. The couple had two children together. They kept in touch and continued to see…
Charitable donations and inheritance tax – more guidance
This cuts the rate from the standard 40% to 36%. The new system came into effect on 6th April but many people are still unclear how it works and how they can make best use of it. With this mind, HM Revenue and Customs have released a guidance document. The guidance makes it clear that…
Landlords risk losing thousands if they fail to consult tenants
In a recent case, Daejan Investments Ltd had to forfeit £270,000. Now Stenau Properties Ltd have fallen into the same trap. The Landlord and Tenant Act 1985 requires that landlords go through a thorough consultation process before imposing service charges on tenants. This process should set out what the charges are for and the precise…
Wife Challenges husband’s will for greater share of estate of estate
The couple were both middle aged and had been married for two years. The husband was a successful businessman who owned three companies. When they married, they bought a house together which the husband funded. He also bought an apartment for them to use as a second home, and another apartment to rent out to…
Protecting your business with restrictive covenants
If the conditions are not strict enough, they may not prevent the employee setting up a rival enterprise or helping a rival firm; if they are too strict, they may not be enforceable, as in a recent case before the High Court. The case involved an online bicycle retailer. It employed a merchandiser who was…
Man awarded £8,000 after suffering hearing loss at work
The man worked in a warehouse for eight years between 2001 and 2009. The warehouse had 17 loading bays. It was a noisy environment with pump trucks, wagons, auto-pickers and dock levellers often being operated simultaneously. During his time at the warehouse, the man sustained permanent bilateral hearing loss of 11.4dB and mild tinnitus as…
Late payment threatens survival of smaller businesses
The credit reference agency Graydon UK, working in conjunction with the Forum of Private Business, surveyed 500 small firms across the UK. The responses showed that 16% had almost been put out of business as a result of late payment. A total of 51% cited it as a problem, and 23% said it was a…
Could you lose property rights to adverse possession?
It may seem unfair that someone could claim ownership of some of your property without paying you anything but it happens surprisingly often. All it takes is for them to use it without your permission and without you challenging them for a set period, usually 10 years. One recent case involved a couple who owned…
Want a bigger home? Newbuy Guarantee may help
The scheme was originally aimed at first time buyers. It’s backed by the Government, construction firms and mortgage lenders. It aims to make it easier for people to 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 £40,000, which…
Review of how assets should be split when couples divorce
The review will concentrate on two specific issues. The first is the extent to which one party should be required to meet the other’s financial needs after the relationship ends. The second is how to deal with non-matrimonial property – that is, assets acquired by one party before the marriage, or received by gift or…
Be careful what you promise – firm ordered to pay staff bonuses
The firm, which carried out services for a large banking group, was about to be taken over. During an informal meeting with staff broadcast over the internet, it announced that a “guaranteed” minimum bonus pool would be allocated to employees according to their individual performances “in the usual way”. This was followed up a few…