We recently circulated our Commercial and Employment Update containing the following articles and news: What are you trading as?: Companies What happens if an employer doesn't respond to an employment tribunal claim? Can an...
Baker Law Legal Blog
In recent case Tarn v Hughes & Ors UKEAT/0064/18/DM , the Employment Appeal Tribunal (EAT) overturned the Tribunal’s order that a GP was only entitled to pursue the ten most serious and recent allegations of sex and pregnancy discrimination. ...
When faced with a professional who is proven to have given negligent advice, a court’s first objective will be to try and make an award which places the claimant in the position they would have been in, had the professional not been negligent. This...
Every year, the Chartered Institute of Legal Executives (CILEx) hosts the inaugural National Awards celebrating the best and brightest in the legal profession. The Awards ceremony brings together the heavy weights in the legal world to celebrate exceptional...
The latest edition of our Attorney Support Services newsletter is out now. The focus is on Health & Welfare. It covers information on when an attorney can act under a Health & Welfare Lasting Power of Attorney and what types of decisions they can...
We are delighted to announce that our Managing Partner, Amanda Glover is one of two finalists for the Visionary Leadership Award at the CILEx National Awards 2018 . The CILEx National Awards showcase and celebrate the excellent work, and...
On the 18 th August 2018 more couples got married in the UK than any other day this year. Some of these couples will have implemented a pre-nuptial agreement before they tied the knot to protect themselves financially in the event the marriage comes to a...
Following our article, ‘ Will Mrs Owens be forced to remain in an unhappy marriage? ’, the Supreme Court handed down its highly anticipated judgment in Owens v Owens where the judiciary reluctantly found that Mrs Owen’s petition...
Simply ‘setting up a business’ is not as straightforward as it might sound. There are a multitude of ways in which a business can go about its operations and a variety of factors which should be considered in weighing up this decision. The...
For a dismissal claim such as unfair dismissal, an employee has 3 months less one day from the last day of employment to bring a claim. For a discrimination claim, an employee has 3 months less one day from the date of the discrimination to bring a claim. ...
There are various claims an employee can bring against their employer at an Employment Tribunal. Once a claim has been issued, the Employment Tribunal will send a copy to the employer to give them an opportunity to defend or respond to the claim. Following...
Simply ‘setting up a business’ is not as straightforward as it might sound. There are a multitude of ways in which a business can go about its operations and a variety of factors which should be considered in weighing up this decision. The...
BakerLaw LLP are again delighted to be participating in Phyllis Tuckwell’s ‘Make a Will Fortnight’ from 10 th to 22 nd September 2018. The Private Client Team will write a basic Will or update an...
Simply ‘setting up a business’ is not as straightforward as it might sound. There are a multitude of ways in which a business can go about its operations and a variety of factors which should be considered in weighing up this decision. The...
The Court of Appeal has handed down a landmark judgment in Royal Mencap Society v Tomlinson-Blake where a carer challenged her employer’s policy to pay her a fixed sum, significantly lower than the National Minimum Wage (NMW), for time spent sleeping...
A key characteristic of limited companies is their distinct legal identity. An important result of this is that any liability incurred by a particular company is against that company alone – not against its members or of a company within the same...
A recent article has highlighted a service offered approximately 15-20 years ago by some banks and other financial organisations where customers were offered a reduced or free Will service. The banks and other financial organisations could afford to offer...
Following the Government’s announcement that it is possible to claim a refund on the registration fee for Powers of Attorney registered in England and Wales between 2013 and 2017, we wrote to all our clients to make them aware of the refund and...
The recent Supreme Court ruling Mills v Mills found in favour of the husband, Mr Mills. Following a 15-year marriage, Mr and Mrs Mills divorced in 2002. The agreed financial settlement gave Mrs Mills a £230,000 capital sum and monthly payments of...
A freelance teacher, Mrs Bradley, has successfully appealed a finding by an employment tribunal that she was not subjected to discrimination by requiring her to arrive at work by 8.45am. Bradley had consistently struggled to arrive at the required time...
For many of us life is incredibly full with a number of pressures on our time, whether that is looking after children, running a household and/or business, working as well as maintaining relationships and caring for our older relatives. As a society we...
We recently circulated our Commercial and Employment Update containing the following articles and news: What you don't know can't hurt you? The employment tribunal thinks otherwise Why bother with a shareholders' agreement? Was...
Whilst it is not unusual for lawyers to labour over the minutia of contractual construction for hours on end, it is important to realise that contracts are rarely set in stone and a change in the commercial realities of businesses can warrant a contract...
In Ali v Torrosian and others (t/a Bedford Hill Family Practice) UKEAT/0029/18 , the Employment Appeal Tribunal (EAT) considered whether the tribunal had fallen into an error of law by not considering whether the employer could have achieved its...
Recently in the case of Tuson v Murphy, the Court of Appeal overturned the decision of the High Court which had ordered that the Claimant should pay legal costs going back a previous year and a half, to when she purportedly began to mislead the Defendant...
A contract is an agreement which the law considers to be enforceable. It can be made up of express terms (terms that are stated orally or in writing) and terms which may never have been stated but can be deemed to be implied. A party to a contract may...
Are we about to see a change in the law after Supreme Court ruling granted Rebecca Steinfeld (37) and Charles Keidan (41) the right to have a civil partnership? The Civil Partnership Act 2004 was introduced to grant same-sex couples the same legal rights as...
Following our recent article: Carers: who cares when you can’t? posted during Carers Week, we are pleased that the Department for Health and Social Care has published a two-year action plan to support carers, and in particular those who are...
Whether you are starting a new business venture, or if you have an existing business and simply never got around to it, the importance of having a shareholders’ agreement in place cannot be understated. What is a shareholders’ agreement? A...
In the decision of City of York Council v Grosset the Employment Appeal Tribunal (EAT) has upheld a claim for disability discrimination despite the fact that the employer was not aware of the disability at the time the discrimination took place. ...
On 13 th June 2018 the Supreme Court dismissed an appeal by Pimlico Plumbers and upheld rulings (by the Employment Tribunal, the Employment Appeal Tribunal and the Court of Appeal) that a plumber was a worker for the purposes of the Employment Rights Act...
BakerLaw were invited by local business, Berkeley Home Health, to present a Power of Attorney information session to their care managers at their Abbey Business Park office in Farnham. Berkeley Home Health are a specialist provider of home care services...
This week is Carers Week which is an annual campaign to raise awareness and highlight the challenges carers face. There are approximately 6.5 million people in the UK who are caring for a friend or family member. It is extremely important...
Debbie Duggan, an Associate in our Private Client Department has teamed up with Alastair Shanks of Right at Home and Roseanne Finch, Manager of TGA Living to provide an advice service specifically for older people in Farnham and the surrounding areas. ...
Renewed pressure has been put on the legal system to reform family law and introduce a “no-fault” based divorce system. The Hearing for high profile divorce case Owens v Owens was heard before the Supreme Court on 17 th May 2018. Mr and Mrs...
With only one-third of us having a Will, a steady rise in second marriages and an increase in unmarried couples co-habiting, it is not surprising that disputes relating to a loved one’s death are on the rise. It is common to hear about...
The Alzheimer’s Society have reported that there are 850,000 people with dementia in the UK, with numbers set to rise to over 1 million by 2025. This will soar to 2 million by 2051. This week is Dementia Action Week and The Alzheimer’s...
On 1 April 2018 it became unlawful for landlords to grant new or renewal leases/tenancies of any property which has an Energy Performance Certificate (EPC) with less than an “E” rating unless an exemption has been registered or the property is...
We all have responsibilities and for many of us our day to day obligations extend to providing care to our elderly family members who due to age or illness require our assistance. Some consider this to be the circle of life; parents take care of their...
Being of a generation who have fond memories of watching various films featuring Barbara Windsor, I am saddened by the news that Barbara has been living with Alzheimer’s disease and my thoughts are with Barbara and her family whilst they continue...
Most people are fully aware that as a driver of a vehicle we are not permissible to use a mobile phone whilst driving. However, most people are not aware that it would be an offence to supervise a holder of a provisional licence whilst using a...
In its recent annual conference, national Family Law body Resolution again campaigned for the introduction of a no-fault divorce. As it stands, couples can only get divorced if they blame one party for the breakdown of the marriage. The only grounds where...
The recent case of Thompson v Raggett has seen the High Court rule in favour of cohabitant Joan Thompson, awarding her reasonable provision from her late partner’s estate. The facts Ms Thompson, aged 79, had been in a relationship with Wynford...
Since 6 April 2018, it has been mandatory for the new Electronic Bill of Costs (Precedent S) to be used for all Part 7 Multi Track matters in respect of costs incurred after this date, which replaces the traditional paper bill of costs. The electronic bill...
We are hoping for more sunshine on Monday 21 st May 2018 when colleagues from both our Farnham and London offices will participate in the London Legal Walk. We will be walking 10 km through London with the Lord Chief Justice and thousands of lawyers in...
Completion will be a significant milestone in any transaction, however it is important to bear in mind that there will still be much to do in order to best ensure that the deal will be a success. Arguably, much of the hard work will have been done, however...
A technical revolution? We are thrilled to be sponsoring the after party at the WXG conference at the Guildford Harbour Hotel on 26 April 2018. WXG brings together inspirational and technical industries for a one-day conference. Its engaging speakers...
In a landmark judgement, the Court of Appeal has ruled that divorcee Kim Waggott will only be entitled to three years spousal maintenance from her ex-husband multimillionaire William Waggott, overturning the original judgement that saw Mrs Waggott receiving...
Data protection and cybersecurity are subjects that are making ever more frequent appearances in news headlines. With the deadline for compliance with the General Data Protection Regulation being set at 25 th May 2018 and the Government confirming...
Where an employer decides to dismiss an employee without knowledge of the employee’s pregnancy but it discovers, prior to dismissal, that she is pregnant, a tribunal may be asked to consider whether the dismissal was related to the employee’s...
Having considered warranties in the context of the share purchase agreement (SPA), we now look at how the disclosure process naturally follows on from this and the necessity of considering the two together. What is the disclosure process? Disclosures are...
The High Court has delivered a firm reminder to litigants in person (persons without legal representation) that the law will not be moulded for their convenience. In the recent decision of Reynard - v- Fox , Mr Reynard, a litigant in person,...
Most people have at least one mobile telephone these days and understand the frustration caused by a bad or intermittent signal. To provide a signal, however, operators need enough sites for masts and equipment. With the bad publicity...
If you’ve been keeping up with the news this week, it will have been difficult to miss the furore which has ensued following the closing of hundreds of KFC restaurants up and down the country. The cause of this – reportedly costing the chain...
Following the Supreme Court ruling in the case of Barton v Wright Hassall , it is evident it is important to obtain legal representation. In this case Mr Barton, a litigant in person, failed to seek confirmation that the Defendant’s Solicitor...
Choose your words carefully. That was the message from the High Court recently in the high-profile case of Phones 4u Ltd (In Administration) v EE Ltd . The court ruled that EE were not allowed to claim damages arising from alleged breaches of...
If you haven’t yet got around to making a Will why not take this opportunity to do so? If, like me, you are wondering where 2018 is disappearing to as we near the end of February, it may be an opportunity to think about when you made your...
BakerLaw LLP First intake of trainees to qualify at Farnham Solicitors BakerLaw. BakerLaw are delighted to announce that from their first intake of trainees to qualify, Farhana Ahmed has been retained by the firm qualifying into her specialist area of...
If you made a Lasting Power of Attorney (or registered an Enduring Power of Attorney) between 2013 and 2017 then read on as you could be entitled to a refund on your registration fee…. Who is entitled? The Government have announced...
The Energy Efficiency (Private Rented Property) Regulations 2015 (the Regulations) come into effect on the 1 April 2018. It will be unlawful for a landlord of residential property to grant a new tenancy of property with an Energy Performance...
Data protection is an issue that is making ever-more frequent appearances in news headlines, and with the implementation of a new EU-wide framework for data protection law in 2018, this should not be expected to change any time soon. What is the...
In our third instalment of our corporate transaction series, we consider the significance of the share purchase agreement within the context of the transaction. What is a share purchase agreement? A share purchase agreement (SPA) is the agreement that...
Data protection is an issue that is making ever-more frequent appearances in news headlines. With the deadline for compliance with the General Data Protection Regulation being set at 25th May 2018, businesses found to be in breach of the new regulations...
When considering Employment Tribunal Claims a key point to be established is the Effective Date of Termination (EDT). This date marks the end of the period of continuous employment and is often the date on which the time limit for presenting a claim runs...
Regulation 12 of the Working Time Regulations 1998 (WTR) entitles workers to take a rest break of not less than 20 minutes if their daily working time exceeds six hours. Mr Crawford, a relief cover signalman for Network Rail has brought an employment...
In our second instalment of our corporate transaction series, we look at the vital role that the due diligence process plays in making a success of any transaction. Having made the decision to acquire a business, the buyer will want to maximise the...
We have today circulated our quarterly Employment Law Newsletter. In this edition you can indulge in the following articles and news: A fresh start for the New Year - Are your employment documents in order? Key Employment Law dates for 2018 No males...
On Thursday 11 January and Friday 12 January 2018, we had our first Lexcel re-assessment since we attained the quality mark, three years ago. We are delighted to announce that we passed the Lexcel quality mark and have been re-accredited. What is Lexcel? ...
A pizza restaurant, based in Ireland, has recently come under criticism for posting a job advert which specifies that the applicants should be female and requiring a photo. The manager who posted the job advert explained the reasoning behind the gender...
Over the coming weeks, our corporate transaction series will follow the key stages of a hypothetical share acquisition. We hope that this will provide some food for thought and highlight some key issues to be considered by anyone considering acquiring or...
Have you considered liability for costs? Any person or company pursuing or defending a claim in litigation, must consider costs. Not just their own, but also the costs of their opponent. This is because courts can require one party to pay...
A recent case demonstrates the approach of the Courts in assessing the validity of exclusion clauses in commercial contracts… What is an exclusion clause? Exclusion clauses are contractual terms which attempt to limit liability to one party for...
All business owners would agree that court trials can be expensive. The costs are inflicted not just on the parties in dispute, but also on the court system, which, being part of the public sector, does not have endless resources to indulge...
Inevitably, businesses will have different priorities from one another in terms of income generation and business development. These range from product and brand development to increasing market share and/or revenue or growing client lists. Whilst the...
The Court of Justice of the European Union (CJEU) has handed down a landmark decision in King v The Sash Windows Workshop Limited C-214/16 relating to holiday pay which is bound to send a shiver down employers’ spines. What are the facts? Mr King...
This year, instead of just going out and buying a Christmas tree, we wanted to do something worthwhile. Therefore, on Friday 1 December 2017, our very own, Debbie Duggan, Head of Private Client headed out to the great outdoors in association with the Surrey...
I am pleased to announce that BakerLaw LLP has been awarded the Lawyer Monthly Legal Awards 2017 Wills & Probate UK Law Firm of the Year. Debbie Duggan, Head of the firm's Private Client Department said: “I am delighted with the...
What’s the big deal? A worker’s employment status is relevant to the question of their employment rights. These differ depending on whether you are a worker, employee or self-employed. Worker A worker is an individual who undertakes to do the...
As of Today, 22 November 2017, stamp duty land tax has been abolished for first-time purchases of property up to the value of £300,000. If you are a first time buyer and the property you are purchasing is up to the value £500,000, you will be...
Head of Private Client Debbie Duggan has defended lasting powers of attorney (LPA) after Denzil Lush, the former Senior Judge of the Court of Protection, warned they may leave elderly people open to abuse. Her article was published in the Farnham...
Update: Following our previous report of 24 th October 2017, which can be found here , the initial trial period for the refund of Employment Tribunals fees refunds has now ended. The refund scheme is now open to everyone to apply if...
Coffee chain Pret a Manger has faced heavy criticism across the media this week after an employee was spotted wearing a badge which said “I am new, kiss me”. Pret a Manger has stated that they “definitely don’t ask our employees to...
Just a short walk from our Farnham office is the New Ashgate Gallery. The Gallery shows great support to local artists and works closely with the University for the Creative Arts also based in Farnham. “New Ashgate Gallery is a destination for...
Sydney Hardy, Managing Director of Nippy Bus, dismissed his entire workforce by memo stating “ I have had enough and realise I cannot work with you, the people I employ, a moment longer ”. He advised the staff that they should not turn up...
We are delighted to have received the photo below as a thanks from Education for the Children Foundation (an international non-governmental organisation), following our recent instruction assisting the beneficiaries of the School of...
Emily Yeardley, Associate Employment Solicitor at BakerLaw LLP, has been invited to host a webinar for the Society of Occupational Medicine (SOM) on 11th December 2017. The webinar is open to SOM members, please contact nick.llewellin@som.org.uk ...
The Employment Tribunal has recently heard a case ( Mrs R Tiffin –v- Chief Constable of Surrey ) brought by a police officer who resigned having repeatedly failed a fitness test. Ms Tiffin stated she had an underactive thyroid gland which was the cause...
Following the recent ruling that Employment Tribunal Fees are unlawful the Government has now announced its fees refund scheme. In addition to refunding all fees paid, 0.5% interest will be paid to claimants calculated from the date of the original payment...
Yesterday was a day full of cake (the best kind of day) for our offices as BakerLaw held a fundraising Bake Off in support of Phyllis Tuckwell Hospice. With more cake than we could eat in the one day, it provided a great chance for everyone to get involved...
A new bill has been published to introduce parental bereavement leave. The Current Position Under current legislation an employer has no obligation to allow parents paid time off to grieve if they have lost a child under the age of 18. Most employers are...
Mental health issues can affect anyone, any day of the year, but today marks World Mental Health Day, a day to show your support for better mental health and start looking after your own wellbeing.” ACAS has estimated the cost of mental ill...
We are thrilled to announce that not only has BakerLaw been named Symphony ‘Member Firm of the Year 2017’ at last night’s Symphony Legal Awards 2017, our Managing Partner, Amanda Glover has been named ‘Managing Partner of the Year...
While the calling to the bright lights of the city have been on the strategic roadmap for some time, the project was more about securing the right people and right place. The decision to open a second office was not about rapid growth but about servicing...
We are pleased to announce that our Managing Partner, Amanda Glover has been awarded Professional Negligence Lawyer of the Year UK in the Finance Monthly Global Awards 2017. The Finance Monthly Global Awards recognise and celebrate companies and individuals...
The recent Employment Tribunal case of Ms C Gomes v Henworth Ltd t/a Winkworth Estate Agents and Mr G Gold demonstrates the importance of thinking before you speak and choosing your words carefully to avoid the risk of discrimination claims. In this case Ms...
BakerLaw LLP is participating in Phyllis Tuckwell’s 'Make a Will Fortnight'. From 11 th to 24 th September 2017 our Associate, Debbie Duggan can write a basic Will for you, or update an existing one, in return for a...
The Law Commission has announced that they are holding a wide ranging consultation in order to bring the current laws surrounding Wills in line with the modern world. A number of measures have been proposed including changing the term ‘Testator’...
Earlier this year BakerLaw LLP helped fundraise for Karibu Nyumbani, an orphanage in Tanzania. Karibu Nyumbani is run more like a big family, rather than a “typical“ orphanage, the schedule is not dictated by the clock but rather by the children,...
Holiday pay has featured heavily in the news over the last year but until now the question of all overtime (both compulsory and voluntary) worked and whether it should be included in the holiday pay calculation has remained a grey area. Employers commonly...
The Partners at BakerLaw LLP are delighted to welcome Oliver Salmon as the firm’s new Paralegal in the Company Commercial and Employment departments. Following completion of Oliver's law degree, in tandem with his Paralegal...
