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Frettens’ Commercial Team guides businesses from a start-up right through to decisions about selling and assist with many things in between. All business owners realise that, on some level, that it is vital to protect their business, and most...
Beatt v Croydon Health Services NHS Trust The Court of Appeal has held that where the making of a disclosure is the principal reason for a dismissal, the decision-taker's belief about whether the disclosure is protected is not relevant. The...
The level of people in employment in the UK reached a new record high in the first quarter of the year, as unemployment hit its lowest since 1975. Unemployment in the UK fell to 4.6% in the first quarter, according to the Office for National Statistics...
If your mother has written a will, would you have to seek probate to authenticate the will when the time comes that she passes away? Often people assume that, once a will is written and signed, they will not need probate. Lee Young , a solicitor and Head of...
The Government Legal Service v Brookes The Employment Appeal Tribunal (EAT) held in this case that a job applicant with Asperger's Syndrome was discriminated against by being required to sit a psychometric test. The Government Legal Service (GLS) was...
With research showing that the average age of entrepreneurs is declining, there are many issues and challenges faced by entrepreneurs aged under 18 that minors should be aware of. Starting a business at any age can be challenging. Coming up with a good idea...
In divorce (for a married couple) or dissolution (for a civil partnership), the pension can often be the second biggest asset – usually the family home is the biggest. You can split pensions several ways, so it’s worth understanding the options...
Frettens are delighted to welcome two new Solicitors to their Residential Conveyancing Team. Sarah March-Paschal is a Conveyancing Solicitor with Conveyancing experience largely in the Poole and Bournemouth area, as well as additional...
Naeem v Secretary of State for Justice The Supreme Court has held in this case that it is not necessary to establish the reason for the particular disadvantage to which a group is put, compared to another to succeed with an indirect discrimination claim. ...
Focus Care Agency v Roberts The Employment Appeal Tribunal (EAT) has revisited the issue of whether workers sleeping at work on ‘on-call’ are entitled to the national minimum wage during that time in three cases that were joined together. The...
Ssekisonge v Barts Health NHS Trust The Employment Appeal Tribunal (EAT) has confirmed in this case there is not a particularly high threshold for an employer dismissing an employee because of a 'substantial reason'? The Claimant was a nurse who,...
In September 2016 the Land Registry had reported that since 2009 they had “prevented frauds on over 200 applications representing properties valued in excess of £92 million.” Although Land Registry have reported that property fraud...
Gnahoua v Abellio London Ltd In an unusual case, an employment tribunal has awarded nominal compensation of £2 for a breach of an employee's right to be accompanied to a disciplinary hearing. The tribunal awarded such a small amount because it...
A conveyancing trade body is stepping up efforts to highlight concerns over leasehold properties with fresh guidance for consumers. The Conveyancing Association, which has long called for leasehold legislation to be reformed, has designed a guide to...
It is being reported in the property market that the number of people investing in the buy-to-let sector is falling at a rapid rate and many existing landlords are selling their properties. This is likely to be due to changes to tax relief that landlords...
DX, a delivery company which is widely used in the legal sector, is the latest business to face threats of action over the treatment of workers as self-employed people. The company, which was formed in 1975, was one of the first businesses to challenge Royal...
Lush is to give 1,000 workers at its Poole factory a pay rise worth up to £2,184 after announcing it will become a Living Wage employer. The move which applies to 3,555 staff across the UK comes as the global cosmetics brand reveals a 76 per cent rise...
Controversial plans to raise the legal fees payable after death are now to be shelved ahead of the general election. Probate court fees are paid to the government when someone dies and the personal representative of the estate needs a grant of...
Tees Esk & Wear Valleys NHS v Harland When assessing the 'principal purpose' of an organised grouping of employees under TUPE, the Employment Appeal Tribunal (EAT) has held that an employment tribunal is entitled to look at the actual...
It is fairly common for people to write their will so that they leave their estate (the sum total of their assets) to be inherited by their children when they die. If that person has grandchildren, they might not name the grandchildren as beneficiaries in...
Peninsula Business Services v Baker The Employment Appeal Tribunal (EAT) held that a Claimant cannot successfully claim harassment by simply asserting s/he has a disability without establishing s/he is disabled under the Equality Act 2010. The Claimant...
Niki Adkins is a Leasehold Specialist at Frettens who helps clients to extend their lease on their apartment or to buy the freehold. She has put together this Q&A as a starting point for any property owners who are considering this. Q. What Is A...
When a couple get engaged it is a time for celebration, congratulations and often a great party. However, what are the legal implications of getting engaged, if any? It used to be the case that a man’s promise to marry was considered in many countries...
On 2 March 2017, HMRC published a new employment status checker for the purposes of determining whether the IR35 (intermediaries) legislation will apply to a particular set of facts. The legislation will apply only where the worker would (for tax or NICs...
Six statutory instruments have been made under the Trade Union Act 2016, which now make it clear the Act will come into force on 1 March 2017. The Trade Union Act prohibits industrial action (more accurately, the industrial action will not be protected by...
Often one of the first questions that clients ask our Family Team is how long does a divorce take? Andrew Stynes , Head of our Family Team , explains that if it is a straight forward divorce and proceedings are not delayed by finalising financial issues...
The Association of Leasehold Enfranchisement Practitioners, or ALEP, is an association of organisations experienced in the residential leasehold sector. All member firms are rigorously vetted so that members of the public can be confident that they have...
A Lasting Power of Attorney (LPA) is a legal document that allows someone to make decisions for you, or act on your behalf, if you’re no longer able to or if you no longer want to make your own decisions or deal with your own affairs. Heather Varley...
Creighton v Together Housing Association Ltd A long serving employee who was dismissed for making derogatory comments about his colleagues and his employer on social media has had a claim for unfair dismissal rejected by an employment tribunal. The...
After lots of uncertainty, on 23 February 2017 the Department for Business, Energy and Industrial Strategy (BEIS) finally published their guidance on how the Minimum Energy Efficiency Standards (MEES) will apply to commercial property. From the 1st April...
The draft National Minimum Wage (Amendment) Regulations 2017 (‘the regulations’) have been published as follows and they will come into effect from 1st April 2017: The National Living Wage for 25 year olds and over will increase by 30p from...
If you have lost a loved one recently, you need to be aware of the increase in the probate court fees. The current fee is £215 for a personal application, or £155 if the application is made through a professional such as a solicitor. From May...
Pimlico Plumbers & Charlie Mullins v Gary Smith In this latest case involving the employment status of workers, the Court of Appeal has dismissed an appeal by Pimlico Plumbers from an Employment Appeal Tribunal’s decision. The Court of Appeal...
A trademark battle between Kylie Minogue and Kylie Jenner has been raging for the last year. Kylie Jenner shot to fame in the US reality TV show ‘Keeping Up With the Kardashians’. She has been trying to trademark the name Kylie and register the...
Taylor v Ladbrokes Betting & Gaming Ltd The Employment Appeal Tribunal (EAT) has held in this case that type 2 diabetes can be a disability under the Equality Act 2010. After the Claimant's dismissal, he asserted he had been disabled for almost a...
A case has been in the news this week where a heterosexual couple have lost their case made to the Court of Appeal to have a civil partnership. Since the legislation of same-sex marriage came into force in March 2014, same-sex couples have had the choice of...
When somebody dies unexpectedly, it is an awful and tragic shock for all those that care about them. Sadly, if that person did not make a will, dealing with the aftermath can be even more complicated, upsetting and expensive for their relatives and loved...
The government has published The Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017 , which extend the duty to publish annual gender pay gap reports to public sector employers with over 250 employees. These broadly reflect the ...
If your marriage is ended by a court order (for example a decree absolute in a divorce) your will is not void or invalid. Generally, if your marriage or civil partnership comes to an end, your will remains valid but your ex-partner will be treated as though...
Adesokan v Sainsbury's Supermarkets Ltd The Court of Appeal has confirmed in this case that gross negligence can constitute gross misconduct. The Claimant was a Regional Manager who became aware that a HR Manager had issued an email which attempted...
A group of MPs has warned the government they need to crack down on sexist dress codes which are still widespread in UK workplaces. Two House of Commons committees have called for a review of current equality legislation after gathering evidence of sexist...
If there comes a time when you don’t have the mental capacity to make a particular decision, and you haven’t created a lasting power of attorney (LPA), it is likely that your relatives will need to apply to the Court of Protection to appoint a...
Hampshire County Council v Wyatt The Employment Appeals Tribunal (EAT) held in this case that an employee does not have to provide an expert report when bringing a personal injury claim in the employment tribunal. An employment tribunal had held that a...
Herry v Dudley MBC The Employment Appeal Tribunal (EAT) has held in this case that long-term stress does not amount to a disability unless there is something else on top of the stress. The Claimant asserted he had two disabilities, namely dyslexia and...
Working out annual leave can be a complicated process for employers when they have a lot of part time staff. Annual leave will of course be calculated on a pro-rata basis, which sounds simple enough. But for staff that work on a Monday, Bank Holidays...
United Lincolnshire Hospitals NHS Foundation Trust v Farren The Employment Appeals Tribunal (EAT) has decided in this case that, when considering whether an employer’s lack of trust and confidence in an employee renders it impracticable for the...
Frettens Solicitors are delighted to announce the appointment of Niki Adkins to their Commercial Property Team. Niki joins from a Salisbury firm where she was head of the Leasehold Property Team. Niki joins Frettens at a time when they are expanding...
Separated women (who took their husband's surname upon marriage) often believe they have to wait until their divorce is finalised before they can revert to their maiden name. This is not correct. Any adult has the right to change their surname at any...
Bellman v Northampton Recruitment In this controversial case the High Court has held a company is not vicariously liable for injuries caused by an employee after a work Christmas party had ended. A manager was assaulted by a director after a Christmas...
Being appointed as a child’s ‘Special Guardian’ gives parental responsibility for the Special Guardian for the child until the child reaches the age of 18 and exclusive responsibility for the day to day care, long term care and upbringing...
