The annual statistics for employment tribunals and the Employment Appeals Tribunal (EAT) for the period April 2010 to March 2011 show an 8 per cent fall in the number of claims received by tribunals when compared with the previous 12 months. However the number of appeals to the EAT rose slightly. The statistics, published by HM Courts and Tribunals Service, also reveal that: the number of single claims received has fallen 15 per cent over the period in question the number of unfair... [more]

The Employment Appeals Tribunal (EAT) has given guidance on the correct approach for tribunals to take when dealing with dismissals where an employee has refused to take a pay cut. In assessing the reasonableness of such a dismissal, an Employment Tribunal must look at the circumstances in the) Employment Rights Act 1996 - i.e. whether, in the circumstances (including the size and resources of the employer's undertaking) it was reasonable to treat the refusal to agree to a contractual... [more]

The Bribery Act 2010 came into force on 1 July 2011. The Act repeals the common law offences of bribery and embracery and creates several new offences carrying a maximum penalty of ten years' imprisonment or an unlimited fine for which employees, directors and commercial organisations can be liable. Adequate anti-bribery procedures will enable organisations to rely on a statutory defence to a charge of failing to prevent bribery. The Act creates the new offences... [more]

For those of you who fit neatly into the baby boomer generation (aged 52 to 66) saving for retirement has been a roller coaster over the last few years, particularly for women.  The collapse in the Stock Market after 9/11 and the subsequent collapse once more in 2008 following the demise of the Lehman Brothers and Beirsterns saw their savings and investments for the future collapse.  Those once guilt-edge final salary schemes enjoyed in the private sector are now under threat and many... [more]

From 6th April 2011, the way that we practice family law is changing.  This is because the long awaited Family Proceedings Rules 2010 come into force from that date.  It is one of the biggest changes to this practice area for many years and will provide a single set of rules for family proceedings, which will mirror the type of structure that we already see in civil proceedings. The amended Family Proceedings Rules provide for a single and consolidated set of procedures to... [more]

Mrs G had been employed by a property company for four years when her role as a Customer Services Manager was made redundant. The Board of the company made a decision to restructure the Department in which Mrs G worked with the result that her role was made redundant and a new more senior role created. With the decision already made, the company then informed Mrs G that her role was ‘at risk’ of redundancy and commenced a consultation process.  The company admitted at trial... [more]

The Government has announced that it will not extend the right to request time off for training to those employed by small and medium-sized employers in April 2011. Implementation has instead been delayed so that 'the right balance is struck between support for training and the need to minimise the burden of regulation for smaller companies'. The Government will now undertake 'further, thorough discussion, scrutiny and evaluation' of the extension. The right has been available to employees of... [more]

In the recent decision of the Supreme Court in the case of Radmacher v Granatino, the courts have given the clearest indication to date that pre-nuptial agreements will be upheld by the courts, although they have stopped short of making them fully binding.  Many UK Lawyers are now calling for the law on pre-nuptial agreements to be defined in an Act of Parliament, to give further clarity for clients and the courts.   The Law Commission is currently undertaking a consultation on... [more]

The Government has published a 'statement of intent' setting out how the points-based immigration system will operate from 6 April 2011. The changes include a limit of 20,700 on the number of migrants entering the United Kingdom under Tier 2 (General). However, employers filling vacancies with salaries of £150,000 or more will not be subject to this limit in order to 'attract the brightest and the best'. Other changes include no longer granting employers an annual allocation for the... [more]

The default retirement age (DRA) will be phased out from April 2011 and unjustified fixed retirement ages will be unlawful. Employees turning 65 before 1 October 2011 can still be given notice of compulsory retirement.  The employee does however have the right to request to work past retirement which the employer must consider. Further, the employer must notify the employee before 30 March 2011 that they are approaching the compulsory retirement age and that they have the right to make... [more]

  The rate of Statutory Sick Pay will, subject to Parliamentary approval, increase to £81.60 per week with effect from April this year. The standard rate of Statutory Maternity Pay (SMP), Statutory Paternity Pay (SPP) and Statutory Adoption Pay (SAP), will increase to £128.73 per week (or 90% of the person’s average weekly earnings if that is less than £128.73 per week).It is also anticipated that the rate for Additional Statutory Paternity Pay... [more]

In the case of "Bowater v NW London Hospitals NHS Trust" the Court of Appeal has held that a lewd comment made by a nurse did not justify her being dismissed. After finishing her shift Ms B, a staff nurse, volunteered to help in the restraint of a patient having a fit. The patient was naked and in the course of restraining him Ms B ended up straddling his genitals, at which point she said ‘it’s been a few months since I have been in this position’. Six weeks later she was... [more]

The Government has published its consultation on reforming access to the employment tribunal system. Entitled 'Resolving workplace disputes' the proposals include increasing the minimum qualifying period for unfair dismissal claims from one back to two years, and requiring the payment of a fee in order to lodge a tribunal claim. The Government stated aim is to 'ensure maximum flexibility while protecting fairness and providing the competitive environment required for enterprise and growth'.... [more]

Solicitor Paula Hopkins of Milton Keynes based solicitors MK Legal Solicitors has been accepted as a member of the national association 'Solicitors for the Elderly' (SFE). SFE is an association of lawyers who specialise in legal services for older people and their carers. Members of SFE have a wealth of experience within this key legal area and are required to have spent a substantial amount of time working for elderly clients. The aim is to ensure that older clients receive the best possible... [more]

Government confirms phase out of Default Retirement Age The government has confirmed that the Default Retirement Age (DRA) is to be phased out this year. In future, employers will not be allowed to dismiss staff just because they have reached the age of 65. First proposed by the coalition government in July last year, the ditching of the DRA is aimed at tackling issues arising from the ageing population and a shortfall in pension savings. Following a consultation process it has now been... [more]

A scheme to name and shame those employers who flout the national minimum wage (NMW) legislation has been announced by the Government. The Scheme, which came into force on 1 January 2011, is intended to allow the public to make informed choices about who they work for, or do business with. However there will not be a register of 'named' employers, or those who fail to pay the NMW but, instead, employers will be named in a Department of Business, Innovation and Skills (BIS) press release. In... [more]

The limits on certain Employment Tribunal awards and other amounts payable under employment legislation will increase from 1 February 2011 the limit on the amount of a week's pay for the purposes of calculating, among other things, statutory redundancy payments and the basic award for unfair dismissal will increase from £380 to £400; the maximum compensatory award for unfair dismissal rises from £65,300 to GBP £68,400; guarantee pay increases from the rate of... [more]

The Government has announced the proposed rates for Statutory Sick Pay and Statutory Maternity, Paternity and Adoption pay for 2011. The changes are expected to come into force on 11 April 2011 and the new rates are as follows: Statutory Maternity, Paternity and Adoption Pay, and Maternity Allowance, will increase from £124.88 to £128.73; and Statutory Sick Pay will increase from £79.15 to £81.60. If you require advice on employment law issues please contact MK... [more]

The majority of people have New Years resolutions which, invariably, last a short period of time.  However there are steps you can take in the New Year to get your affairs in order which will pay dividends long into the future. For example, none of us expect to become disabled or infirm.  However it can happen to anyone of us unexpectedly and we recommend that you take the following steps to assist your family should the worst happen:- Keep all your important papers and copies of... [more]

The Government has set out its new approach to equality in its report “Equality Strategy – Building a fairer Britain”. The Government intends to develop a voluntary scheme for gender pay reporting for both private and voluntary sector businesses, and bring the provision on positive action in recruitment and promotion contained in the Equality Act 2010 into force. The plans of voluntary reporting on the gender pay gap part aimed at companies with more than 150 employees. ... [more]

As the Christmas party season gets into full swing, employers can expect an increase in sexual harassment claims by employees. Employers are responsible for the actions of their staff including incidents of sexual harassment which arise at work functions.  Whilst clearly an employer is unable to police a Christmas party, they must take all reasonable steps to prevent harassment from occurring.  We suggest the following tips on reducing the risk of potential claims: Keep your... [more]

If employees fail to attend work due to adverse weather then they are not entitled to be paid. If there is no provision in Employers' Handbooks or HR policies, or in the Contract of Employment, then the employee is not entitled to pay. If however the employee is willing to work but the workplace is closed then the employer does have to pay the employee. It may well be that the reason for an employee’s absence is the closure of their child’s school or playgroup. An employee is... [more]

This decade have seen the British Armed Forces become increasingly reliant upon reservists.  Members of the Territorial Army, Royal Navy Reserve, Royal Marines Reserve and Royal Auxiliary Air Force contribute 10 percent of the manpower for Operation Herrick in Afghanistan. Individuals who serve, leave their civilian jobs to deploy on operations and legislation exists to protect their employment rights to ensure that they do not suffer detriment as a result of serving their... [more]

The general rule is that a person subject to a disciplinary process at work is not entitled to have legal representation, only a work colleague or a Trade Union representative is permitted to attend with them. However, two recent cases have made it clear that, in certain circumstances, an employee may have legal representation.  If a dismissal could have profound career consequences then it is appropriate now to have a representative present.  For example, a doctor or somebody who... [more]

In March 2006, Ms R was sat in her stationary car when it was struck from behind and shunted into the vehicle in front.  As a result of the collision she sustained a whiplash type injury to her neck and three years after the accident she still had a 20% restriction in movement in her neck.  Whilst responsibility for the accident was not in dispute, the other party’s insurers refused to offer what MK Legal considered a reasonable settlement.  Accordingly the matter proceeded... [more]

In the recent case of A v. B, a Senior Local Authority employee, who had a job involving foreign travel but not connected to children, was dismissed by his employer after the Police suggested that he had frequented child brothels overseas. The Employment Appeal Tribunal upheld the decision to dismiss him even though the employee had not been the subject of any criminal prosecution.  “The test was, for dismissal purposes, whether the employer had acted reasonably upon the... [more]

In early 2006, J was a front seat passenger in a motor car being driven by his father.  As his father drove around a roundabout his car was hit from the passenger side by another vehicle. Responsibility for the accident was split 50/50 between the drivers of the two vehicles.  The collision caused J’s body to be jerked sideways and whilst there was no initial pain, later that day he developed a headache and had pain in the back of his neck.  He attended the A & E... [more]

Under the provisions of the Equality Act 2010, which came into force last week, members of staff can bring a claim for compensation if their employers do not take reasonable steps to protect them from discrimination by a third party.  There is no limit on the damage awards that an Employment Tribunal can make for such discrimination claims which could include injury to feelings for discrimination suffered. “For employers whose staff are customer-facing and where the behaviour of... [more]

The Government has announced that the right to request flexible working will be extended to parents of children under 18 years old from April 2011. A consultation on extending the right to all employees, and the introduction of a flexible parental leave system, will be published later this year. Currently, the right to request flexible working is available to parents of children aged under 17 and disabled children under 18, and carers of certain adults. The Government claims that the initial... [more]

MK Legal acted on behalf of Mr W, a former Exhibition Director employed by an exhibition company. His role which saw him use a database provided by his employer. However, the employer did not have permission to use the database and when Mr W inadvertently disclosed it to a third party the owner of the database took action to protect its position. In turn Mr W was fired for gross misconduct, the grounds including the disclosure of the database. The employer then sued Mr W for damages, including... [more]

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]