From today, if a Claimant commences ACAS Early Conciliation, the conciliation period will last for a standard period of six weeks unless brought to a close sooner by either party indicating that it does not wish to conciliate or on reaching a legally binding...
Baker Law Legal Blog
Following on from yesterday’s blog confirming the extension of the Coronavirus Job Retention Scheme (CJRS) until 31 March 2021, the Guidance is now available. In addition to the key points and changes identified in our ...
The Chancellor announced an extension to the availability of the Coronavirus Job Retention Scheme to 31 March 2021. The reason for the extension is based on evidence of the economic effects of COVID-19 on business lasting longer than the duration of the restrictions.
The Court of Appeal’s recent decision in Robinson v DWP has clarified what an employee will need to show to succeed in a claim for discrimination arising from disability. The Court of Appeal decision means that tribunals must look at the...
In Sullivan v Bury Street Capital Limited [2020] UKEAT/0317/19/BA, the Employment Tribunal has accepted that a Claimant had paranoid delusions for a certain period, but found that those delusions were not expected to have a substantial and long term...
The UK public, when encountering a commercial dispute, often think that Trading Standards will be a lifeline for their claim and make the process quicker and easier. But is this accurate and who are Trading Standards? In reality what can they do? Trading...
With all the uncertainty caused by COVID-19 and increasing unemployment rates, being told that your employment is ending will undoubtedly be a distressing and worrying time. Some employers are offering Settlement Agreements (a legally binding agreeing...
Statutory redundancy payments (what the law says an employee is entitled to be paid if they have been continuously employed for 2 years and are made redundant) are calculated based on an employee’s length of service, their age and a...
Update correct as at 6 August 2020 The Statutory Sick Pay (General) (Coronavirus Amendment) (No.5) Regulations 2020 came into force on 5 August 2020. They extend the entitlement to Statutory Sick Pay from 7 to 10 days where an individual self-isolates...
The Employment Appeal Tribunal (EAT) has ruled that employees can pursue an unfair dismissal claim even though no compensation may be awarded, provided the claim has a reasonable prospect of success. In Evans v London Borough of Brent , Dr Evans...
Landlords will be pleased to hear that not serving a gas safety certificate before a tenant goes into occupation at a property is no longer fatal to their chances of serving a valid section 21 notice to evict the tenant. The decision of Caridon Property...
A recent article in The Guardian shows the dangers of giving the wrong account details when arranging bank transfers. The article reports that the client was in discussions with the solicitors dealing with his late father’s estate, regarding the...
Divorce laws in England and Wales are finally set to change after the Divorce, Dissolution and Separation Bill passed its third and final reading in the House of Commons on 17th June 2020. The bill will reform the traditional fault-based system by...
Have you ever been asked to guarantee a loan so that your friend or someone in your family can borrow money? Or have you guaranteed a loan to help someone? It is not unusual for people to ask those close to them to do this and most will agree so that they...
Last month volunteers from local football club Bourne Blades ran and cycled the distance from John O’Groats to Land’s End in a virtual relay to raise money for two local charities. An initial group of 30 volunteers, including three members of the...
The country and indeed most of the world, are locked down to help in the fight against Covid-19, as these unprecedented times have seen a suspension of our normal ways of life, business and trading. As lawyers, we are being asked more and more: What...
As the UK enters week 5 of a nationwide lockdown due to the outbreak of Coronavirus, it is crystal clear that this disease has and will continue to affect everyone; not only from a health perspective but also having a profound impact on the viability of...
Struggling tenants are never good news for a landlord and, in the difficult circumstances we find ourselves in, landlords and tenants should seek to have open discussions with each other about their commercial lease and what tenants can afford to pay.
The Coronavirus Business Interruption Loan Scheme (CBILS) has had a slow start and Chancellor Rishi Sunak has been forced to overhaul the scheme following pressure from small business owners, primarily at the paltry level of loans sanctioned compared to...
In addition to compensation for financial loss, Employment Tribunals may award compensation for injured feelings in discrimination claims. As neither the Equality Act 2010 or previous legislation provided guidance on the level of award for injury to...
The Coronavirus (Covid-19) pandemic is affecting all businesses and organisations across the nation; in particular, law firms are having to adapt to sudden changes to the Court systems. The Government announced that as of Monday 30th March 2020, 89 courts...
It has now become increasingly difficult for lawyers to ensure that the basic requirements of creating a valid will have been met given the current social distancing guidelines and requirements to stay at home. Under the current government guidelines,...
On Saturday 4 April 2020, HMRC issued updated guidance on the Coronavirus Job Retention Scheme. The updated guidance clarifies some but not all of the unanswered questions that many employers have been left grappling with following the initial guidance...
The Supreme Court has allowed an appeal ruling that Morrisons (WM Morrison Supermarkets plc) is not liable for a data breach committed by its ex-employee, Mr Skelton. Skelton uploaded payroll data online, including personal details of Morrisons’...
In light of the current climate and guidelines surrounding the Coronavirus (COVID19) outbreak across the globe, the Private Client team are working hard to make our services available to more people. We have already been able to achieve this by offering...
In light of the current climate and guidelines surrounding the Coronavirus (COVID19) outbreak across the globe, the Private Client team are working hard to make our services available to more people. We have already been able to achieve this by offering...
Some employers took steps to make workers redundant prior to the government’s Coronavirus Job Retention Scheme (CJRS). Others are still making redundancies irrespective of the CJRS due to the uncertainties that remain or because they cannot afford to...
‘Stay Home Stay Safe’- this tag line is being heavily promoted by the government as they seek to protect the safety of its citizens as well as the functionality of the NHS. There is no doubt that this concept has far reaching implications for...
The Government’s further guidance on the Coronavirus Job Retention Scheme sets out who will be eligible to use the scheme and answers some questions on how it will operate. Who can use the retention scheme? All UK employers, including...
The world is currently facing an extremely uncertain time as people all over the globe grapple with the ongoing effects of the Coronavirus. It is no secret that this virus has affected everyone, in every way, as they go through the motions of their day to...
"Keep calm and carry on" resonates within this summary today. I am awfully impressed by the BakerLaw and North-East Hampshire Police (NEHP) teams last night, as despite the difficult and unprecedented times we find ourselves in, the players turned...
Has the Coronavirus (Covid-19) made you stop and think ‘Do I have my affairs in order?’ With more and more cases of Covid-19 being diagnosed every day, the country is preparing to implement social distancing measures. This may bring forward...
We came, we saw - but Roffe Swayne conquered. Off we went, with hearts full of dreams and minds filled with what could be, if we only managed to win our first away game. Unfortunately, this was short lived as Roffe Swayne hammered 4 goals past...
As at Monday 9th March 2020 The situation regarding the coronavirus, officially known as Covid-19, is changing daily. From an employment perspective, it raises questions of immigration, health and safety, data protection and employment law issues. The...
Making the decision to get divorced is never easy. Anxieties can be exacerbated by misinformation being passed down by friends and family that, in an effort to help, only serve to worry. Myths surrounding financial matters pose one of the main areas of...
Every year, Time to Change run the campaign, Time to Talk Day with the aim of getting the nation talking about mental health. The intention is that by having conversations, misconceptions and barriers around mental health can be reduced. It is...
If a landlord wants to grant and a tenant wishes to take a lease of a commercial property, then ideally the parties should set out the main terms of what they foresee will form part of the lease. Effectively the HoTs is the skeleton of what the contractual...
If a landlord wants to grant and a tenant wishes to take a lease of a commercial property, then ideally the parties should set out the main terms of what they foresee will form part of the lease. Effectively the HoTs is the skeleton of what the contractual...
What can you do when a Human R ights claim is certified as unfounded? The Secretary of State is increasingly certifying decisions under section 94 of the Nationality Immigration and Asylum Act 2002 as clearly unfounded. As a result, this means that...
Home Extensions and Conversions – Avoiding the Nightmare Scenarios Moving house can be stressful, expensive, and difficult, particularly in a tough market. Home renovation projects offer an alternative and they seem to be as popular as...
Rectifying a commercial contract, how do the Courts do it? If you are the owner of a business, it will be common for you to work with commercial contracts. It is important to note that the terms of a contract do not have to be written down to bind parties...
Is vegetarianism a protected characteristic under the Equality Act 2010? This was the question that a recent Employment Tribunal had to answer when Mr Conisbee, a waiter at a hotel, brought a claim against his former employer, Crossley Farms Ltd claiming...
Not so long ago, BakerLaw had the pleasant surprise of being asked to confirm whether the property our client was selling was indeed haunted and if so, what plans were in place to deal with said haunting. To make matters even more strange, the buyers...
It’s never too early to think about child arrangements for the holiday period It is the time spent with family during the holiday season that makes it such a special time of year. However, for some families the time leading up to the holidays can...
The overall objective of those who bring a money claim, is to recover their money from their opponent (‘the Defendant’), but unfortunately obtaining the judgment is only the first step to achieving this objective. If you successfully obtain...
Data protection: Should businesses be worried? With British Airways (BA) and Marriott receiving notices of proposed fines from the Information Commissioner’s Office (ICO), the regulatory body that enforces data protection policies in the UK,...
Did the ‘Queen of Soul’ leave a valid Will? Aretha Franklin died on the 16th August 2018 at the age of 76 after an ongoing battle with pancreatic cancer. Recent news reports have now revealed that a handwritten Will has been discovered under a...
When an employee is dismissed from their employment, it is natural for that person to feel as if they have been treated unfairly. An employer is entitled to dismiss an employee provided they can show that the reason for the dismissal was one of five...
Why use a Solicitor to write your Will One of the benefits of using a solicitor to write your Will is the level of protection and security that there is for the client. There are many unregulated options available to write a Will, including DIY Wills,...
Who is going to make decisions for you when you can’t? The answer may surprise you…. If something was to happen to you and you couldn’t make decisions about your finances or personal wellbeing, your family or friends would be able to...
Do you know your rights as a step-parent? In the ever changing landscape of society, it is now commonplace for parents of children to separate or divorce, making room for new relationships and sometimes, new roles. The idea of step-parents and step-children...
It is a business person’s nightmare when the contract they thought was sound and wind proof turns out to be open for interpretation. The High Court gives a stark reminder for the need for clarity when drafting. The recent case of Macquarie Capital...
What is a cookie? We’re not talking about the chocolate chip variety! A cookie is a small text file that is downloaded onto ‘terminal equipment’ such as a computer, when the user opens a website. This allows the website to identify...
The advent of smartphones means that it could not be easier to make an audio recording of an internal meeting without the other party’s knowledge. Employees may feel confused and vulnerable and want the protection of recording exactly what the...
Do you feel physically and emotionally exhausted all the time and lack motivation at work? Do you have a demanding job that constantly makes you feel stressed? You could be suffering from ‘burnout’. The World Health Organisation (WHO) announced...
On the 1 June 2019, the Tenant Fees Act 2019 (‘the Act’) came into force which heralded big changes for landlords and tenants in respect of payments that landlords (or letting agents) can charge to tenants and the treatment of a tenant’s...
This is the last in a series of three articles encouraging businesses to ensure that their property paperwork is in order. This week we consider additional ways to protect your business from unforeseen circumstances and how to enhance your...
The 26 th July is recognised as Aunt and Uncle’s day in the United States, and what better way to celebrate than by spending time with nieces and nephews. If you’d like to make the arrangement more permanent but can’t because of your...
Not when you think you do. By the time people think about it, it is often too late. Lasting Powers of Attorney (LPA) are often only associated with the elderly, but mental and physical incapacity can happen at any time. Whether through illness or accident,...
My last article was the first in a series of three encouraging businesses to ensure that their property paperwork is in order, to try and future proof against all eventualities, especially given the uncertainty around the exact terms and...
The Court of Appeal has handed down its first judgment in a case concerning disability discrimination by perception. In the case of Chief Constable of Norfolk v Coffey , Coffey, a police officer, brought proceedings against the Chief Constable of...
Divorce rates in the UK hit a 45-year low in 2018. This massive reduction was not due to the prevailing health of relationships but rather, can be attributed to the decrease in couples actually choosing to get married. As the number of applications has...
We asked Kevin to reflect on his first three months at BakerLaw. Here’s what he had to say: How have you found your first three months? I have really enjoyed my first three months working at BakerLaw, in fact, I can’t quite believe three...
The Supreme Court has overturned the decision of the Court of Appeal in the case of Tillman v Egon Zehnder Ltd , a case concerning the enforceability of a non-competition clause in an employee’s contract of employment. Non-competition clauses are...
The UK currently has 18 species of bat making their homes within its borders. Surprisingly however, a lot of people are unaware that all bats and their roosts are legally protected, by both domestic and international legislation. ...
We recently circulated our Commercial and Employment Newsletter, containing the following articles and updates: Knowledge of disability at appeal stage should have been considered. Is there a right time to sell? Planning for retirement as a...
Emily Yeardley was invited to present at KML Occupational Health’s (KML OH) Team Workshop on Friday 28 th June 2019. KML OH is an occupational health provider that provides services and medical assessments to over 4,000 employees. Occupational...
Given the current uncertainty around the exact terms and implications of Brexit, it is probably even more important for businesses to ensure that their property paperwork is in order, to future proof against all eventualities. Although business sales, buy...
Following the implementation of the Immigration Act 2014, the right of appeal against the Secretary of State’s decision has reduced substantially. You do not have the right of appeal in the UK if your asylum claim is certified and put in the...
In the case of Base Childrenswear Ltd v Otshudi , the Employment Appeal Tribunal (EAT) has held that a Tribunal is not confined to making an award for injury to feelings from the lower band of the Vento bands where there is a one-off act of racial...
BakerLaw was fortunate enough to be joined by Georgie Barrow for work experience. She has reflected on her experience and learnings: “My two weeks of work experience at BakerLaw has provided me with invaluable insight into different legal practice...
In the recent case of Baldeh v Churches Housing Association of Dudley and District Ltd , Baldeh was dismissed following the expiry of her probationary period, for concerns relating to her performance. During the appeal process, Baldeh disclosed...
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 in the employment tribunal. For a discrimination claim, an employee has 3 months less one day from the last act of...
Most landlords expect some form of security from tenants who are new companies, either in the form of a personal guarantee from one or more of the directors, or by the tenant providing a rent deposit (for the landlord to use in the event of non-payment of...
Retirement is something that many look forward to. For those who have invested years of hard work into a business to make it a success, it is a time to reap the rewards. One could be forgiven for wanting to expedite the whole process and book a...
Land borders have a rich but unfortunately volatile history. We might be tempted to think that we live in relatively peaceful times, and that could well be true, however, few would deny that landlocked nations defined by lines drawn on a map have...
If you have decided that now is the time to sell or buy a property, you may find yourself feeling a little overwhelmed. Well, here is a little guide to help you start the process, as stress free as possible. Estate Agents Estate agents help...
The overall objective of those who bring a money claim, is to recover their money from their opponent (the Defendant), but unfortunately obtaining the judgment is only the first step to achieving your objective. If you successfully obtain judgment, the...
As we all feel the pressures of rising costs, it is easy to forget the importance of ensuring that our families are provided for, should something happen to us. Wills are probably one of the most important documents we make, the contents of which have a...
Employees spend most of their time at work and in the company of their colleagues. Unfortunately, bullying in the workplace is more common than we would like to believe and can create an uncomfortable and unhealthy working environment. Bullying at...
Inevitably, all businesses will have different priorities from one another in terms of income generation and business development. These can range from product and brand development, to increasing market share, increasing revenue, or growing client lists....
If you are a business owner; do you know what would happen if you were physically or mentally incapable of running your business? Who would take over and step into your shoes? Many people create Lasting Powers of Attorney (LPA) for their personal property...
Divorce laws in England and Wales are finally set to change after the Government has announced plans to reform the traditional fault-based system by implementing a new ‘faultless’ regime. Under the current rules, couples must prove that their...
The directors of DJ Houghton Catching Services Limited were found liable for exploiting their chicken catcher employees and subjecting them to intolerable living conditions. Directors owe various duties to their company, as well as its shareholders,...
Choosing lawyers to handle the often complex probate process ensures a high level of service and expertise, plus it guarantees client protection. The probate process always involves numbers and often involves tax. Lawyers are conversant in...
Employment tribunal judgments and written reasons have been published online since February 2017. The publication of such judgments is likely to be a key consideration when deciding, in the case of a employee, whether to litigate and in the case of both the...
BakerLaw is delighted to announce the promotion of two of its own with Wendy Armstrong now taking the lead as the new Head of Department for Family and Gemma McBride taking on a new role as Practice Manager. Wendy Armstrong celebrates 10 years with the...
In November we wrote about the guidance published by the Advertising Standards Authority (“ ASA ”) clarifying the rules that apply to social media influencers. Now, further guidance on the rules regarding social media endorsements has...
The Partners of BakerLaw are delighted to announce the arrival of Kevin Duffy as a Partner to head their Property Department. Kevin will be well-known as a former Partner of Hadfields Butt and Bowyer. Amanda Glover, Managing Partner says “Kevin...
With the Brexit deadline of 29 March 2019 fast approaching, the whole of the UK is still looking for answers and certainty. One question we are being asked - how stable is the property market? Recent media coverage seems to follow a similar theme stating...
With “B” day just around the corner, what do employers with EU employees need to know about settled status? Settled status is a new immigration status that gives EU nationals indefinite leave to remain in the UK. With settled status, nationals...
Some mothers are preparing to get pampered this Mother’s Day whilst for others the occasion only provides a reminder that they may not see their children on this special occasion. In contrast, parents may find that the occasion brings to the forefront...
On 20 March 2019 the Homes (Fitness for Human Habitation) Act 2018 (“the Act”) came into force, which will affect all leases created after this date. The Act amends the current fitness for human habitation requirement found in the...
Recently, in the case of Cowan v Foreman & Ors a widow has been refused permission to claim against the estate of her late husband after filing her application nearly 17 months out of time. This judgment made clear that the court would...
Being pregnant is an exciting and memorable time in a woman’s life, but it can also result in additional stress as some expectant mothers juggle work with nausea, discomfort, pain, antenatal appointments, financial concerns and job security worries. ...
Following a visit from an independent Lexcel assessor, BakerLaw is pleased to announce that the Firm has passed the re-accreditation process retaining its quality mark for practice management and client care. As one of only 1,700 firms in the UK and the...
There are certain ways in which a tenant may occupy a property; either by lease, licence or a tenancy at will. But how do you tell the difference and why does it matter how the property is occupied? This article provides an overview on the key features and...
The UK government intend to implement a number of changes within the Divorce system. These include making amendment to the archaic fault based divorce system as well as using technological advances to improve the efficiency of the system and ultimately bring...
From 6 th April 2019 employers will be required to provide all workers with an itemised payslip. Current legislation requires employers to provide itemised payslips to ‘employees’ for each pay period showing gross pay and any deductions made. ...
Sadly, it's a stark reality that financial abuse of the elderly is becoming more and more prevalent. Recent data revealed that those aged over 65 are those most at risk from being targeted. When an Attorney starts to act on behalf of the Donor (the...