​Legal Blog

  • Disability discrimination

    Long term sick leave – when is a dismissal proportionate?

    by Carol Shaw | Aug 10, 2018 |
    Under the Equality Act 2010, a disability is defined as a physical or mental impairment which has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities. Therefore, where an employee is on long-term sick leave, it is possible that they are suffering from a disability.
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  • Sleeping in care workers

    Sleep-in workers’ entitlement to national minimum wage

    by Carol Shaw | Aug 10, 2018 |
    The Court held that workers who are on “sleeping-in” shifts (that is, where workers are required to sleep at, or near their workplace so that they are available to work if and when required) are only entitled to be paid for the hours which they are actually required to be awake to work, rather than the whole shift.
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  • Divorce

    Separation Agreements: What are they and what do they do?

    by Victoria Upton Patrick Mulcare | Jul 23, 2018 |
    When deciding to separate from your husband or wife there are numerous issues to consider with one of them being your finances. Trying to decide whether just to separate or to proceed with a divorce means choosing between two very different options and may cause upset and confusion for both parties.
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  • Neighbours

    When can I access my neighbour’s land?

    by Kyle Wyness | Jul 20, 2018 |
    Usually, ​when a home-owner wants to carry out works or repairs to their property but needs access to a neighbouring property to undertake those works, it is a case of that homeowner informing the neighbour of the nature of the work to be carried out and seeking their permission to do so. Indeed, it may well be that the homeowner has the necessary rights to access their neighbour’s land reserved in their deeds.
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  • Wills

    The importance of seeking legal advice when making a will

    by Emma Rolfe | Jul 19, 2018 |
    Many people believe a DIY will be cheap, however if it is incorrectly drafted, the cost to a person’s estate can far outweigh the initial cost had they gone to a professional.
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  • Employee, worker or independent contractor?

    Employee, worker or independent contractor?

    by Carol Shaw | Jul 10, 2018 |
    Our Employment team are often asked to prepare contracts where an individual is to be taken on as a freelance self-employed consultant, with no worker or employee rights. It is important to bear in mind that even though the parties may agree and are happy with such an arrangement, any agreement reached can be trumped by a court or tribunal.
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  • Employee backpay claims

    How far back can an employee claim back pay for?

    by Carol Shaw | Jul 10, 2018 |
    Unlawful deductions from wages claims are in the news and can arise in a variety of ways including: a shortfall in holiday pay; or a failure to pay national minimum wage for all time spent “working” particularly where that time is spent on what was historically considered non-working time, such as sleeping time when “on call”.
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  • Taking a child on holiday

    Travelling abroad with children as a separated parent

    by Gemma Davison | Jul 09, 2018 |
    With the summer holidays fast approaching, one of the most common issues that can arise between separated parents is seeking permission to take their child on holiday or to visit family abroad.
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  • Property Fraud

    Property Fraud – An Update

    by | Jul 06, 2018 |
    Following on from our previous blog “Property Fraud – Are You Protecting Yourself?” a number of recent cases have now been decided in relation to property fraud. One of those cases is highlighted in this blog.
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  • Constructive Dismissal

    This is the last straw! Constructive dismissal case review

    by Carol Shaw | Jun 01, 2018 |
    An employment contract will contain both express terms (those written into the contract) and implied term (those not written but are imputed by law). Among the most important implied terms in an employment contract is the employers’ duty of trust and confidence owed to their employees. Employers may not, without proper cause, breach that duty. Any breach of this duty is considered a breach of the employment contract, which entitles the employee to resign and pursue a claim for constructive dismissal.
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