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We regularly write about different legal topics and welcome your comments on our posts. If you would like more information on our services, please don't hesitate to get in touch.

Frettens move to the cloud

Lewis Barr
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Frettens have completed a complete overhaul of their IT systems, in order to provide their team with greater flexibility and their clients with a faster, more efficient service.

Sexual discrimination and football talk at work

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In a 44-page judgment released last month, an Employment Tribunal dismissed a claim that an employer discriminated against the only female member of its leadership team by talking about football all the time.

Legal advice for self employed hairdressers

Chris Dobbs
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Chris Dobbs, specialist employment law solicitor, examines an important ruling for self-employed hairdressers in the case of Megan Gorman.

What's the difference between unfair and wrongful dismissal

Paul Burton
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An employee dismissed without notice will often claim both unfair and wrongful dismissal. These are two distinct claims.

What is unfair dismissal?

Unfair dismissal is concerned with the reasonableness of the employer’s decision to dismiss the employee.

What is wrongful dismissal?

Wrongful dismissal is a contractual claim centred around whether the employer was entitled to dismiss the employee without giving the full contractual notice required. That in turn depends on whether or not the employee was actually guilty of gross misconduct.

What first time buyers need to know

Sophie Pope
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Who is a first time buyer? Are first time buyers exempt from stamp duty? Will first time buyers need a bigger deposit? Sophie Pope explains. 

Can I refuse to return to work from furlough

Chris Dobbs
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Understandably, a lot of people are still concerned about the coronavirus and whether returning to work is safe. Chris Dobbs, employment law & HR specialist answers your questions.

Does the stamp duty holiday apply to buy to let property

Sarah March-Paschal
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Chancellor Rishi Sunak announced a temporary stamp duty holiday in last week’s summer statement.

The announcement has been welcomed by many, as homebuyers are set to save thousands in Stamp Duty Land Tax.

Returning to work from furlough Q and A

Chris Dobbs
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As the government starts to wind down the Coronavirus Job Retention Scheme, many businesses are taking advantage of the flexibility in lock down rules and staffing options to reopen.

What is the flexible Furlough Scheme?

Paul Burton
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What is the flexible furlough scheme and how will it work? An employment law expert gives an overview.

Why were there so many redundancies announced in early July

Chris Dobbs
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On 1st July, the BBC reported that coronavirus led to UK companies cutting 12,000 jobs in just two days. These job losses, the article claimed, were largely in high street retailers and, particularly badly hit by the pandemic, the aviation industry.

Many large companies, including H&M, Boots, and John Lewis announced redundancies in early July too.

Chris Dobbs, employment & HR specialist, looks at why so many redundancies are being announced at this time, and how the timing ties in to the furlough scheme.

Do you need permission to run an Airbnb?

Anna Curtis
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With the increase in Airbnb hosting in seaside towns like Bournemouth, Poole and Christchurch, Anna Curtis answers your most frequently-asked questions, including planning, restrictive covenants and mortgages.

When will the coronavirus ban on evictions end?

William Bartley
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It would appear the government will not be extending the ban on evictions currently in place due to the coronavirus outbreak.

Lord Greenhalgh, of the Ministry of Housing Communities and Local Government, confirmed that “the courts will begin to process possession cases again” from 24th August. He was speaking in response to parliamentary questions on Wednesday 1st June.

Shareholders' Agreements An Overview

Wayne Spolander
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A Shareholders’ Agreement is a written document between two or more shareholders in a private limited company.

It records the terms and conditions on which that company shall carry out business, and how the shareholders shall exercise their rights in relation to the company.

Buying and selling a home during coronavirus

Jennifer Smith
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The property market seems to be moving very quickly since COVID-19 lockdown measures were eased.

However, many clients are wary of exchanging contracts for fear of what could happen if their sale or purchase were to be affected by coronavirus.

These concerns are amplified when a client’s sale forms part of a property chain.

Jennifer Smith, one of our bright, friendly  lawyers in our conveyancing team, answers some of the most common questions she’s been receiving about buying or selling a home during coronavirus.

When will no fault divorce become law in the UK

Simon Immins
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The ‘Divorce, Dissolution and Separation Bill’, often commonly referred to as the ‘No-fault Divorce Bill’ was first introduced in June 2019.

It has seen delays to it’s progression into law thanks to Brexit, elections and the coronavirus pandemic, and entered the parliamentary process on 7th January 2020.

It was announced on 17th June that it will now pass to the House of Lords to consider an amendment, and will then receive Royal Assent.

Bournemouth, Christchurch and Poole property market

Clare Hallett
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Are we seeing a recovery in the local property market?

Clare Hallett is Partner in Frettens’ Residential Conveyancing Partner. With years of experience in both residential and commercial property, she’s seen a lot of ups and downs.

Here, she provides her thoughts on the local property market, how it has been affected by the coronavirus pandemic, and how businesses are dealing with the challenges they face.

Extension to ban on evictions due to coronavirus

William Bartley
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Evictions from social or private rented accommodation are now suspended until at least 23rd August.

The government also announced that new court rules will ensure vulnerable renters will be protected when the suspension of evictions ends.

NEWS FLASH: More details on changes to CJRS and SEIS announced

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The Chancellor, Rishi Sunak, has just provided more detail regarding the changes to the Coronavirus Job Retention Scheme that he announced a couple of weeks ago. Contributions The changes to the contributions by the government and employers are...

NEWS FLASH: CJRS extended to end of October

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Rishi Sunak, the Chancellor, has just announced the Coronavirus Job Retention Scheme will carry on as it is now until the end of July and will then be extended to the end of October with changes, including employees being able to be brought back to work...

HMRC open portal for CJRS

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HMRC has opened its portal for employers to claim under the government's Coronavirus Job Retention Scheme (CJRS) this morning.  Paul Burton went on to the website early this morning and it appeared to be working, although he could not test it...

NEWS FLASH: CJRS extended to end of June

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The Chancellor of the Exchequer, Rishi Sunak, has this afternoon announced that the Coronavirus Job Retention Scheme is being extended by one month to the end of June.  When he originally announced the scheme he did say it would be kept under review and...

Treasury Direction on CJRS - cause for concern

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The Treasury issued a formal direction to HMRC yesterday concerning the Coronavirus Job Retention Scheme and it does potentially raise a concern for employers .  The Treasury Direction appears to say that not only should employers have notified ...

NEWS FLASH: CJRS qualifying date changed

Paul Burton
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The government has amended its guidance on the Coronavirus Job Retention Scheme (CJRS) again today and, while there is only one real change, it is a very important one.  They have amended the qualification date for employees to be eligible for...

More government guidance on Job Retention Scheme

Paul Burton
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The government has published not one, but two new sets of updates on the  guidance relating to the job retention scheme over the last week or so.  Paul Burton summarises the additional information and clarification provided by the government in...

Claiming wage costs for furloughed workers FAQs

Paul Burton
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At the end of last week, the government released further details of the coronavirus job retention scheme, including the areas below. We have tried to summarise these details in this article, however the full government release can be viewed by clicking the...

Carrying over holiday after coronavirus furlough period

Paul Burton
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Annual leave and the coronavirus

Workers who are unable to take all of their statutory annual leave entitlement by the end of 2020 due to the coronavirus outbreak will now be able to carry it over into the next two years.

Business secretary Alok Sharma announced on Friday that the measures would come into force.

The announcement comes after pressure from employers and the CBI. Furloughed workers returning may have to take a large amount of leave in a short space of time, leaving businesses short-staffed whilst trying to recover.

Employment law advice on coronavirus outbreak

Paul Burton
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Paul Burton, Head of our Employment & HR team, has put together the following summary of advice for employers during the coronavirus outbreak. Including advice on SSP, termination, maternity, holiday accrual and qualification.

New measures to help self employed during coronavirus

Paul Burton
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Paul Burton explains what the new measures mean for self-employed workers during the coronavirus outbreak. What will self-employed workers get and how do they claim financial support during the COVID-19 outbreak?

Coronavirus help for self-employed

Paul Burton
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Paul Burton, head of our specialist employment team, explains:

  • What help is currently on offer for the self-employed during the coronavirus lockdown?
  • Why is it taking so long for the government to announce further help for the self employed?
  • When will the government announce the financial help for self-employed?
  • What is a self-employed worker?
  • How do I claim support as a self-employed worker?

Redundancy - alternative employment and trial periods

Kate Fretten
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A dismissal for redundancy is likely to be unfair unless the employer has considered whether there is suitable alternative employment within the business (or group). If suitable alternative employment is offered, it might be subject to a statutory 4 week...

Ban on evictions due to Coronavirus

William Bartley
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Can I be evicted during the coronavirus lockdown? Is there a ban on evictions during COVID 19 outbreak?

Will Bartley looks at the effects of the coronavirus lockdown on landlords and tenants, and explores the ban on evictions and rental arrears.

What is a furloughed worker

Chris Dobbs
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Chris Dobbs outlines the definition of a furloughed worker and examines the coronavirus job retention scheme.

Update for Employers on Coronavirus school closures

Chris Dobbs
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The following is general guidance which, to the best of our knowledge, is correct as at the time of publication. This constantly evolving area of law is being amended regularly. We will endeavour to update this guidance accordingly. Updated 20th Jan at...

Force majeure clauses and coronavirus COVID-19

Wayne Spolander
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Wayne Spolander is an associate solicitor in our corporate and commercial team. He recently advised the title sponsor of a large international sporting event about coronavirus and a force majeure clause in a six-figure sponsorship contract.In this article, he provides an overview of force majeure clauses in business contracts and touches on The legal definition of force majeureIs coronavirus a force majeure event? What is a force majeure clause? What if there is no force majeure clause? Practical advice for businesses dealing with coronavirus

Is dismissal for whistleblowing automatically unfair?

Paul Burton
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A dismissal will be automatically unfair if the main reason for the dismissal is the fact that the employee has 'blown the whistle' on malpractice. The Supreme Court has recently decided that an employer was liable for automatic unfair dismissal...

Coronavirus Employment Law Update

Chris Dobbs
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The following is general guidance which, to the best of our knowledge, is correct as at the time of publication. This constantly evolving area of law is being amended regularly. We will endeavor to update this guidance accordingly. Click here to read our...

Coronavirus Update

Chris Dobbs
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This article was updated on 11th March 2020 to include announcements made in the budget to help businesses deal with the effects of coronavirus. Click here to read the updated information . There has been an update since this information was...

Holiday pay and carry over

Chris Dobbs
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Please note that there has now been a significant change to legislation mentioned in this article due to the coronavirus outbreak. Please follow this link for the most recent update. What are minimum holiday entitlements in the EU? The European Working...

Coronavirus advice for employers and businesses

Chris Dobbs
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Corona virus Advice for Employers and Businesses. The six main considerations for employers during the corona virus outbreak

A Guide to Easements

Oonagh McKinney
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Oonagh McKinney is partner and head of the commercial property team at Frettens.

In this article, she looks at what an easement is and how they are created. She also looks at enforceability and what you can do when an easement is breached, before examining some cases that have tested the law surrounding Easements.  

Trans-phobia or Philosophical Belief

Paul Burton
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In the high profile case of Forstater v CGD Europe, an employment tribunal has looked at whether the philosophical belief that humans cannot change sex is protected by the Equality Act 2010. The employee was a consultant charity worker. She tweeted extensively (in a private rather than work capacity) on proposed changes to the Gender Recognition Act 2004 (GRA).

No fault divorce

Louisa Knight
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The Divorce, Dissolution and Separation Bill was included in the government’s agenda set out in the Queen’s speech in December 2019. There has been delay in progress as a result of COVID-19 yet the bill passed it’s first hurdle in the House of Commons in early June. We will update as the bill progresses and a timetable is announced

Guidance on Confidentiality or Non-disclosure Agreements

Kate Fretten
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The guidance discourages the habitual use of gagging clauses when settling discrimination claims. It suggests they are only used in specific circumstances such as a case where a worker does not want the details of their discrimination case to become public.

The guidance also advises employers to tailor the clause to the individual case rather than using a standard template. The guidance also suggests that employers might still need to investigate claims, which are settled to show they have taken steps to prevent discrimination in the workplace.

In-house workplace investigations and misconduct

Paul Burton
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Is a dismissal unfair if the employer changes an investigation report following advice from an in-house lawyer? Not in this case, said the Employment Appeal Tribunal in Dronsfield v The University of Reading.