Planning For Adverse Weather

Whether or not we see a repeat of last year's big freeze, it makes sense for employers to ensure that they have a policy regarding adverse weather conditions.  As an employer you need to be clear of your obligations and your employees will welcome clarity regarding what is expected of them. The position for your business will depend upon the particular terms within your employee's contracts of employment.  Key issues that should be set out include: the procedure for reporting to managers obtaining authorisation for an absence working at home the policy on pay; or the use of holiday entitlement or flexi time   Employees who are absent from work due to extreme weather or other travel disruptions are not generally entitled to be paid for lost time, however it is also important…

Owning A Property Jointly

If you are buying, acquiring or holding property jointly with someone else it is important that everyone understands the basis of joint ownership from the beginning. There are two sorts: Joint Tenants and Tenants-in-Common. ("Tenant" does not have its usual meaning of someone paying in rent in either case). Joint Tenants: Joint Tenancy is the form of joint ownership where two or more people own the property together on the basis that: On any sale of the property, the proceeds of sale are automatically divided equally between the parties, regardless of the contributions they may have made to the original purchase price, subsequent improvements etc. If any joint owner dies, his/her share automatically passes to the surviving owner(s). This transfer happens without payment and is not affected by any Will the deceased owner may…

Lasting Power Of Attorney

Who would look after my personal welfare and finances if I were unable to? If you don't know the answer to the above question then you are not alone. We often take for granted the ability to manage our financial affairs, such as paying household bills, mortgages, healthcare costs and give little thought to what might happen if we were unable to manage these tasks anymore. Why would I be unable to manage my affairs? For various reasons such as mental incapacity or physical restrictions, both of which can result from illness, accident or old age. What can I do? Set up a Lasting Power of Attorney ('LPA') - a legal document which allows you to appoint someone you trust (known as an 'Attorney') to act on your behalf if or when the need arises…

Chancel Repairs

Chancel repair liability is the responsibility on some property owners in England and Wales to pay for repairs to the chancel of their local church.  The Chancel is the part of the church reserved for the use of the clergy or choir, and where the altar is placed. Making enquiries of your local PCC to find out if you have potential liability is not advisable, as this may alert them to the need to register their interest, and insurance would not then be able to be obtained. History Historically, the responsibility for the upkeep of a church was divided between the rector (the clergyman in charge of the parish) and the parishioners (the members of the parish).  Subsequently, parishioners' responsibilities were transferred by legislation to the church, but rectors were still responsible for the…

Service Charge Demands

Legislation protects residential tenants from excessive service charges. Before entering into contracts to provide services or carry out works relating to residential properties, you should consider whether you need to consult with your tenants. If you fail to consult when required, you will only be able to recoup the statutory maximum, unless you receive dispensation from the Leasehold Valuation Tribunal (LVT). What is a service charge? A service charge is an amount payable by your tenant as part of or in addition to their rent. Service charges may vary according to the costs or estimated costs incurred in connection with the matters for which the service charge is payable. Service charges must be reasonable You can request that your tenant pays you a service charge for costs you incur for: Services Repairs…

Dismissing An Employee

Dismissing An Employee Lawyers Malton, York & Wetherby When a business wants to make a change to the terms and conditions of its employees, it often goes through a process of consultation, seeking agreement to the changes. If, after the consultation period, all or some of the employees do not agree to the proposed changes, the business may be able to dismiss these employees fairly for some other substantial reason (SOSR), offering employment on new terms and conditions. In a recent case, a company asked its employees to take a 5% pay cut after a fall in the company's sales and profits. Following a company-wide consultation, only two employees refused to agree to the change. The company terminated their employment and offered new terms and conditions on the reduced pay. The Employment Appeal Tribunal held that…

Settlement Agreements Sept 2011

A settlement agreement is the formal name given to a termination agreement between an employer and an employee. Although marked "Without Prejudice" (ie off the record), once signed the agreement becomes binding upon you and your employer. The effect of you signing a settlement agreement is that in exchange for a termination payment and any other benefits which your employer agrees to give you, you will be giving up most, if not all, of your employment-related legal rights. This means that once you have signed the agreement, you will not be able to bring any claim in respect of your employment or its termination in an Employment Tribunal, County Court or High Court. For example, you cannot bring an unfair or wrongful dismissal claim, any form of discrimination claim, any breach of contract claim or claim for…

Tenancy Deposit Schemes

This checklist explains what a tenancy deposit scheme (TDS) is and what a landlord's obligations are under a TDS. What is a TDS? A landlord under an assured shorthold tenancy (AST) must protect a tenant's deposit by using an authorised tenancy deposit scheme (TDS) operated by an approved scheme administrator. A TDS has two main objectives: To ensure that, when a tenant pays a deposit, it will be protected and returned to the tenant at the end of the AST, except when the landlord has a legitimate claim on it. To resolve disputes between landlords and tenants using dispute resolution rather than via the courts. There are two types of TDS: There are two types of TDS: A custodial TDS requires a landlord to pay its tenant's deposit to a…

Redundancy What Are Your Rights

More than 1.3 million workers have lost their jobs during this recession and there are substantial public sector job cuts to come. Even if you do not face redundancy, it is likely that you know someone who will. It therefore pays to know your rights. If you have more than one year's employment, you may be able to claim unfair dismissal if the redundancy was not genuine or your employer did not follow the correct procedure. You have to move quickly though - you only have three months from the date your employment ends to start a claim. In following the correct procedure, your employer has to consult with you individually in a series of meetings. This gives you a chance to come up with suggestions for avoiding your redundancy, consider any other jobs your…

Restrictive Covenants

A Restrictive Covenant is a contractual term restricting an employee's activities after termination but is void for being in restraint of trade and contrary to public policy unless the employer can show that: It has a legitimate proprietary interest that it is appropriate to protect. The protection sought is no more than is reasonable having regard to the interests of the parties and the public interest. General An employer cannot impose a covenant merely to stop someone competing, but it can seek to stop that person using or damaging something which legitimately belongs to it. This type of restriction is to be distinguished from the duty of confidentiality that an employee owes to an employer. The duty of confidentiality is founded in common law and does not require an express restraint to be…