The Government has announced the provisions of the Equality Act 2010 - which consolidates and harmonises complex discrimination legislation currently spread across dozens of Acts of Parliament and statutory instruments - will come into force on 1 October. As expected, this first wave of implementation will include the majority of the Act's provisions. The provisions that will come into force on 1 October include: the basic framework of protection against direct and indirect discrimination,... [more]

A recent survey by the Employment Lawyers Association of which MK Legal are member, has found that solicitors are concerned about the consistency, efficiency and quality of the Tribunal service. “The Tribunal service is undoubtedly under a great deal of pressure at the moment and I have had a number of cases which have been adjourned the day before the final trial hearings were due to commence” said Dylan Eklund, Employment solicitor at MK Legal Solicitors.  “In... [more]

One effect of the credit crunch is the continued increase in the number of Employment Tribunal claims. “Not only are more people losing their jobs but the value of their claims are increasing because they are unable to find alternative work quickly” said Dylan Eklund, Employment Specialist at MK Legal.  “It is therefore no surprise that in the year to March 2010 the number of claims presented to the Employment Tribunals has increased by 56%”.  The figures... [more]

  What happens if an employee receives a letters dismissing them in error? Can they still treat themselves as dismissed? Just such a scenario arose in the case of Willoughby v CF Capital plc. The employer invited the employee to become self-employed. The employee expressed a willingness to do so and in consequence the employer sent her an agency agreement which stated that her existing employment contract would be terminated a week later. After taking legal advice, the employee... [more]

The Open Day, which commences at 1.00 p.m., is being organised by the Landlords Advice Centre at 83 Newport Road, New Bradwell MK13 0AJ and will give Landlords the opportunity to discuss their property portfolios with professionals experienced in lease options, developments and building maintenance and mortgages in addition to MK Legal’s expertise. For further information please contact Toyin Davidson-Ero on 01908... [more]

When Mr & Mrs B wanted a new patio they turned to the local builder in their small village. They took the builder at his word when he said he would build them the patio they had dreamed of but what they got was described by a structural surveyor as ‘totally inadequate’, unfit for purpose’ and ‘potentially dangerous’. With the patio literally falling apart even before it was completed, Mr & Mrs B terminated the contract and sought legal advice. The builder... [more]

Once again, MK Legal Solicitors have successfully persuaded local Magistrates to allow a client to keep their driving licence despite an accumulation of 12 penalty points. Known as ‘totting up’, one would expect a driving ban of six months on reaching 12 penalty points. If however, the court can be satisfied that a driving ban will lead to exceptional hardship the disqualification can be waived. ‘Not disqualifying is, in many ways, a greater deterrent as the driver is unable... [more]

The Daily Mail has run a feature on an MK Legal case which correctly describes the claim as making legal history – see... [more]

THE HEAT IS ON!!!! As the temperatures rise as summer approaches we expect to receive calls from employees querying the temperatures at their workplaces. The answer? There is no set maximum working temperature. The Health and Safety Workplace Regulations simply require that ‘during working hours, the temperature in all workplaces inside buildings shall be reasonable.’Guidance on what is reasonable comes from the Approved Code of Practice. Unless it is impractical because of hot or... [more]

The Court of Appeal has ruled that unless there is a clear indication that cohabiting couples had agreed to the contrary, any property purchased in joint names as joint tenants should be divided equally . In the case of Kernott v Jones the couple had lived together unmarried for eight years in the house they had jointly bought in 1985 before separating in 1993. Since then Mr Kernott lived in his own property, leaving Ms Jones to pay the remaining mortgage on the house and fund the upbringing... [more]

Two years ago, Alastair Darling simplified Capital Gains Tax (CGT) by removing various reliefs, including indexation and taper relief, in return for a low flat rate of 18%.  It looks like now we are returning to the pre-2008 system, with CGT rates “similar or close to” the income tax rates of 20%, 40% and 50%.  Precise details of how the new regime will work will be announced in the emergency budget on June 22. Non-Business Assets The new rates will apply to... [more]

The obligation upon employers is to pay employees for the work they do when on authorised leave.  There is no obligation to pay if the absence is though no fault of their own. If an employer does wish to assist employees who are stranded overseas then these are the options available. Firstly offer to the employee the opportunity to use some of their outstanding holiday entitlement to cover the period of delay. Alternatively, employees can be given the option of making the time back... [more]

On the 6th April new regulations came into force which restrict the percentage of damages a solicitor can take as a fee in employment cases. The limit is now 35% inclusive of VAT. The move has been met with disappointment by the Law Society which fought hard to prevent the regulations coming into force and is to continue to lobby to have them overturned. For MK Legal Solicitors the change in the rules will have no effect. “We have never deducted more than 35% in damages in any event as a... [more]

The Office for National Statistics has published its latest bulletin on divorce rates.  The statistics relates to divorces in 2008 and show that the number of divorces in England and Wales fell by 5% in 2008 to 121,779 compared with 128,232 in 2007.  This is the fifth consecutive year that the number of divorces has fallen, from a peak of 153,176 in 2003, and is the lowest number since 1975 when there were 120,552 divorces.  The number of divorces was highest amongst men and... [more]

In late 2005 Miss A was a passenger in a car being driven by her father which was struck by a vehicle travelling in the opposite direction. In addition to soft tissue injuries to her neck, Miss A subsequently suffered hair loss and psychological trauma.  ‘This was a difficult case for a variety of reasons’, said Graham Warrell, Litigation Executive at MK Legal. ‘The client is disabled and had a complicated medical history. The nature of the injuries was understandably... [more]

On the day Ms X returned to work after maternity leave she was given notice of redundancy with immediate effect.  In consequence she brought a claim in the Employment Tribunal for unfair dismissal, direct sex discrimination and unfair treatment on grounds of her gender. MK Legal acted on behalf of the employer who conceded that it had failed to consult with Ms X and that her dismissal was therefore automatically unfair under the legislation in place at the time.  However, the... [more]

With effect from 6th April 2010, a new statuory right to request time off for study is introduced.  This will apply to employees in Great Britain who have at least 26 weeks continuous service and whose employer employs 250 or more people. Employers will be obliged to consider seriously requests that they receive but are entitled to refuse a request where there is a good business reason for doing so.  Employers will also not be obliged to meet the salary or training costs to enable a... [more]

The earnings threshold for statutory adoption, maternity, paternity and sick pay will rise to £97 (from £95) from 6th April 2010. Also increasing is the standard rate of statutory adoption, maternity and paternity pay and Maternity Allowance which will rise to £124.88 (from £123.06) per week from 4th April 2010, however Statutory sick pay will remain at £79.15 per week.... [more]

Following a taxi journey a fare paying passenger made a serious allegation against a taxi driver, Mr C.  In the light thereof the driver was suspended by two Local Authorities who held committee hearings to determine whether the driver remained a fit and proper person to hold a Taxi Licence. MK Legal’s Director Dylan Eklund represented the taxi driver at two hearings where the Councils considered the evidence from both the driver and the complainant and then assessed whether his... [more]

New 'statement of fitness for work' certificates, informally known as 'fit notes', come into effect on 6 April 2010 replacing the medical certificates currently in use ('sick notes'). “The aim is to focus on what employees can do rather than on what they can not” said MK Legal Solicitor Dylan Eklund. “Fit Notes will give examples of the most common steps an employer can take to ensure the employee can work and allow doctors to suggest others. The intention is to encourage... [more]

Compensation not the most important thing Mr D worked as a HGV Tanker Driver delivering powder. In early 2008 he was delivering powder to silo on client’s premises and parked adjacent to another lorry which was in the process of discharging it’s cargo of hydrated lime. Without warning the hose of the other truck became detached showering Mr D in lime. Such was the force of the jet that it knocked Mr D’s goggles off and he felt immediate pain in his eyes and throat as he... [more]

If a person owes a debt the threat of bankruptcy can be a persuasive way of making them pay up. By completing a simple form called a Statutory Demand, and serving it upon the debtor, a failure to either pay or apply to have the Demand set aside will entitle the creditor to present a bankruptcy petition to the court. The debt owed must exceed £750 and not be disputed by the debtor, a mistake a creditor of an MK Legal client made recently.  “Despite being told expressly in... [more]

MK Legal Solicitors have successfully persuaded Magistrates to permit their client to remain on the road despite an accumulation of 12 penalty points on his driving licence. The recommended mandatory period of disqualification for a totting up ban is six months. However this can be avoided if the court is satisfied that driving ban will lead to exceptional hardship.  “The prospect of being banned from driving comes as a shock to motorists who may have accumulated fixed penalties... [more]

MK Legal acted on behalf Mr A in proceedings for unfair dismissal before the Employment Tribunal. The client had worked for many years for a local company but in 2008 he had become self employed when he resigned his full time position. Thereafter Mr A continued to work for the same company but was responsible himself for accounting for tax and national insurance on his income, insuring himself and providing his own van.  His work was then terminated and MK Legal sued the company on Mr... [more]

A prosecution by a Local Authority for illegal fly-posting has been successfully defended by M K Legal.  At a full hearing before the Magistrates Court, the M K Legal concluded that Mr B was found not guilty of all nine charges. Whilst Mr B was the Managing Director of the company whose services the posters were advertising, the court were satisfied he had no actual knowledge of their erection. Further, the costs of the defence were ordered to be paid from Central Funds.  Of the... [more]

Following a taxi journey a fare paying passenger made a serious allegation against a taxi driver, Mr C.  In the light thereof the driver was suspended by two Local Authorities who held committee hearings to determine whether the driver remained a fit and proper person to hold a Taxi Licence. MK Legal’s Director Dylan Eklund represented the taxi driver at two hearings where the Councils considered the evidence from both the driver and the complainant and then assessed whether his... [more]