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...
Baker Law Legal Blog
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...
Mrs Nissa was employed by Waverly Education Foundation Limited and worked at a School as a Science Teacher. She was employed from September 2013 until her employment ended on 31 st August 2016 by reason of her resignation. She brought claims of disability...
Mrs Lamb was employed by a School, The Garrard Academy from September 2010 but was dismissed on grounds of ill-health on 25 February 2014. She brought claims of unfair dismissal, race and disability discrimination to the employment tribunal. Mrs Lamb went...
The latest edition of our Attorney Support Services newsletter is out now and the focus is on financial matters. The newsletter includes an article on financial abuse and what to look out for when protecting our loved ones. It also includes details of a...
Tennis legend Andy Murray (aged 31) has revealed plans to retire once he has competed in Wimbledon this year, as a result of his ongoing recovery from hip surgery. As Andy Murray is a professional athlete, he is entitled to retire at whatever age he...
With the 29 th March 2019 fast approaching, it is, for good reason, becoming increasingly difficult to avoid the “B” word. In this article, we consider contractual measures that businesses may consider implementing in their preparations...
On 1 March 2019 the deadline for filing Stamp Duty Land Tax returns and paying SDLT will be reduced from 30 days to 14 days following completion. Buyers and tenants will therefore need to ensure that they are able to meet this tighter deadline to avoid...
Attention all landlords! How to make your Commercial Property work for you in 2019: an ABC For landlords, the greatest priority in the short term is likely to be maximising returns. However, with Brexit looming and the risk of uncertain markets, it is worth...
For some, champagne indulgences and red rose bouquets will be enough, but for the lucky few, Valentines Day provides the ultimate stage for a romantic proposal. If you were lucky enough to get a bit of sparkle this Valentines Day, we...
Emily Scott, a former trainee solicitor, reports that she feels let down by the Solicitors’ Regulation Authority (SRA), the legal professions’ regulatory body, after she was struck off alongside two partners who she ‘blew the whistle...
Section 30(1)(f) (Ground (f)) of the Landlord and Tenant Act 1954 (LTA 1954) states that the landlord can oppose a lease renewal if: "... on the termination of the current tenancy the landlord intends to demolish or reconstruct the premises comprised...
We recently circulated our Commercial and Employment Newsletter, containing the following articles and updates: It's not all about the 'B" word - Employment law changes in 2019 Even the coldest of winters cannot freeze the desire...
If a tenant is in breach of a commercial Lease and you no longer wish for the Lease to continue, one option that you have as a Landlord is to forfeit the Lease. This article provides you with an overview of how a Landlord can forfeit a commercial Lease....
It has been reported that the world’s richest man, Jeff Bezos, has separated from and intends to divorce his wife of 25 years, MacKenzie Bezos. The Amazon founder and CEO has a net worth of approximately $137 billion causing people to speculate as to...
As a new year begins, we bring news of the employment law changes expected in 2019 and beyond. Although Brexit is, of course, the hot topic of legal uncertainty to look forward to this year, there are also other employment developments that should not be...
As we welcome 2019 and vow to stick to our New Year’s resolutions, the return to work can be a very stressful and often dreaded time of year. The New Year can bring with it various physical and mental impairments that employers should remain vigilant...
Now that the festive delights of Christmas are over, January 2019 heralds the start of an uncertain new year for Britain, with only a couple of months to go until Brexit. As it is currently unclear what the economic climate will look like moving...
Anyone can apply to register land as a town and village green under the Commons Act 2006, where a significant number of the inhabitants of any locality, or of any neighbourhood within a locality, have indulged as of right in lawful sports and pastimes on the...
The first Monday of every new year has been tagged National Divorce Day as law firms all over the country are inundated with divorce enquiries after the pressures of the holiday season take their toll on relationships. The media sometime attribute this rise...
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...
Since 2016 there has been much talk about Brexit and the UK’s deal on departure. One of the biggest issues people face is the uncertainty of it all; one expert contradicts another, one MP’s comments differ from another, changes in the deal at...
We are finally at that time of year where it’s considered socially acceptable to eat lots, drink plenty and be merry! With companies making plans or hosting their highly anticipated work Christmas parties, giving all employees the opportunity to relax...
As most will be aware, an employer can terminate an employee’s employment either by giving notice or without notice where an employee is found to have committed an act of gross misconduct. However, an employer should have a fair reason for the...
It’s good news for employers as the Government has announced that it has delayed plans (for a second time) to make termination payments in excess of £30,000 subject to employer national insurance contributions (NICS). This will now take effect...
It is that time of year again and BakerLaw has decided to get a Christmas tree with a cause. On Friday, 7 th December, our Associate and Head of the Private Client Department, Debbie Duggan headed out to the great outdoors in association with the...
We appreciate that meeting your lawyer is not always easy, and for commuters this can be difficult to fit around the working day. In recognition of the logistical issues that can be posed by our busy lives, BakerLaw are launching a Family Law Clinic from...
In landmark legal case, due to be heard in March 2019, an Employment Tribunal will be asked to consider whether veganism constitutes a philosophical belief. Jordi Casamitjana alleges he was dismissed by his employer, League Against Cruel Sports (the...
It has recently been reported that hackers stole the personal data of as many as 500 million guests who had made reservations using Marriott’s Starwood booking system. The personal data which has been the subject of the breach includes guest’s...
Harry Potter author, J.K. Rowling dismissed her Personal Assistant, Amanda Donaldson in April 2017 for gross misconduct. Ms Donaldson is reported to have used her business credit card to shop at high end stores such as Jo Malone and Molton Brown,...
On Sunday 25 th November 2018, BakerLaw colleagues and their families wrapped up warm and went for a brisk walk across the countryside (accompanied, of course, by our canine friends). Upon our soggy return, we all feasted on an array of delicious food and...
Our Associate, Emily Yeardley was invited to speak at The Association of Chartered Physiotherapists in Occupational Health and Ergonomics (ACPOHE) study day on Friday 16 th November 2018. The ACPOHE is a professional network for the Chartered...
We recently circulated our Commercial and Employment Newsletter, containing the following articles and updates: Who can be liable for dismissing a whistleblower? Is your property fit for a visit from Father Christmas? New Rules for influencers...
The Court of Appeal has confirmed in the recent case of Timis v Osipov [2018] EWCA Civ 2321 that individuals can be personally liable for the unlawful dismissal of a whistleblower. A whistleblower is an individual who discloses wrongdoing within an...
BakerLaw LLP and its Managing Partner, Amanda Glover received further recognition of the hard work and dedication to the legal profession last week by being awarded ‘Law Firm of the Year’ and ‘Managing Partner of the Year’ at the...
Resolution is a body of family lawyers and other professionals who aim to provide a constructive, non-confrontational approach to family matters whilst also campaigning for improvements to the family justice system. In a Resolution led campaign, ‘Good...
The advertising landscape changes quickly; those in the industry are constantly looking for novel and captivating ways to reach their desired audiences. This has led to an influx of brands working with influencers to promote various products and...
We are delighted to strengthen our Corporate and Commercial department with the appointment of Simon Porter as Head of Corporate and Commercial. As a recommended solicitor in The Legal 500 with over 25 years of experience, Simon has been described as having...
To be considered disabled, you must have a physical or mental impairment that has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities. People who suffer from cancer, HIV or multiple sclerosis are...
The rights of the children of unmarried parents are forever changed after a landmark ruling in the Supreme Court. Facts A mother of four, Siobhan McLaughlin, lost her long-term partner of 23 years in 2014. The couple had never been married but did,...
Today marks World Menopause Day, a day designed to raise awareness for women who face health issues when approaching, during and beyond the menopause. With three quarters of women saying that the menopause caused them to change their life and over half say...
The Surrey Business Awards took place last week at Epsom Downs Racecourse and we are delighted to announce that BakerLaw won the Award for 'Best Professional Services Firm’. The awards ceremony was hosted by well-known comedian and host of...
The government is considering introducing a duty on employers to consider whether a job can be performed flexibly, and to make that clear when advertising. The potential introduction of further flexibility within the workplace is designed to support those...
The World Health Organisation recognises World Mental Health Day every year on the 10 th October. This day is designed to raise awareness of mental health conditions and how it can affect people’s lives. A recent survey conducted by charity,...
The inaugural Surrey Law Society Awards took place last week at the Mandolay Hotel in Guildford and BakerLaw were proud to be in attendance as nominees. BakerLaw had the honour of being nominated for the 'Business Growth' Award and 'Law Firm of...
Further to my previous article on Parental Bereavement Leave on 16 th October 2017 , the government has now approved the Bill that provides employees a right to paid time off (Parental Bereavement Leave) on the death of their child. The Parental...
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...
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...
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...
