Dismissing an employee fairly: a refresher

03 March 2022 Employment advice

The law gives five potentially fair reasons for dismissal, including breach of a statutory duty or restriction and some other substantial reason capable of justifying dismissal. The most commonly used reasons are redundancy, capability and misconduct. Even if your employee is guilty of misconduct or their job is clearly redundant, you still need to take care when dismissing. An employment tribunal will also decide if the dismissal was fair in all the circumstances. It is crucial that employers follow the right steps to ensure dismissals are fair or the employee could bring a successful claim for unfair dismissal. Our article highlights pitfalls to avoid and ways businesses can minimise risks. Why is the procedure so important? When deciding if it was fair and reasonable to dismiss the employee, employment tribunals examine the procedure followed by the…

Bridging to buy a new home

03 March 2022 Residential property

Recent reports in the financial press suggest more homebuyers are taking out bridging loans so that a purchase can proceed before they have sold their existing property. A shortage of supply in sought-after locations has made some buyers reluctant to lose a property that they really want. If you are selling your home and buying another, you will usually aim to complete the two transactions back-to-back. You can then use the income from your sale to fund your purchase, and there is generally a chain of interdependent transactions where each buyer, except the one at the bottom of the chain, relies upon selling their own property before they can proceed. ‘Taking a loan, which helps you bridge the gap between acquiring your new home and later completing the sale of your old one, can let you…

A smoother path to divorce from April 2022

03 March 2022 Family Matters

Once you have decided that your marriage is over and you have taken the first step towards divorce or dissolution of a civil partnership, most people would like to be able to complete the formalities as quickly and smoothly as possible. However, the historic laws of divorce have meant that the process could often be confrontational and one partner could refuse to cooperate. Such was the situation in the recent case of Owens v Owens where the argument centered on whether Mr Owens had behaved in such a manner that it was unreasonable to expect his wife to continue to live with him. The court found that his behaviour did not meet the legal standard for unreasonableness, and the only option for Mrs Owens was to wait until they had been separated for five years. Mrs…

Why a Will is important

23 February 2022 Wills and estates

Surveys suggest that between 50% and 60% of adults in the UK have not made a Will. This means that a significant part of the population are relying on the intestacy provisions (the rules which govern the distribution of your estate if you have not made a Will) to distribute their money, property and possessions as they would wish. This will not always be the case. Writing a Will gives you control and allows you to choose not only who receives your estate but who will be responsible for carrying out your wishes. A Will can do much more and can be used to appoint guardian(s) for your children, protect vulnerable beneficiaries, benefit charities and, depending on the circumstances, stop you from paying more inheritance tax than you need to. It also prevents the arguments which…

Branching out down on the farm

11 February 2022 Farming & Agriculture

The agricultural industry has faced hardship in a number of ways over the last few years, with the rising prices, labour shortages and supply issues caused by both the UK’s exit from the European Union and the Covid-19 pandemic increasing the suffering of farmers even further. Little wonder then, that entrepreneurial farm owners are looking to branch out and change the use of existing agricultural buildings on their land to put them to more profitable use in a bid to survive in the modern age. Like other types of property, you will often need planning permission if you want to change how you use your land or buildings from farming to something else, or you want to build a house on the land. However, as Tracie Middleton, Property Solicitor and agricultural law specialist at Pearsons…

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