York - 
11 July 2014
Litigation
Courts and Tribunals exist to make decisions on disputes, but using them is expensive, time-consuming and stressful. For many years now it has been expected that parties using Courts and Tribunals do so as a last, not a first, resort. This is backed up, particularly in the civil courts, by the power of the courts to penalise those who do not make a reasonable attempt to resolve disputes before resorting to litigation. Traditionally negotiation, either in writing or by telephone or in meetings, has been the way of trying to reach a compromise, or at least reduce the areas which are in dispute. That remains the case. There are, however, now other options available, such as mediation (a form of negotiation facilitated by a third party) or arbitration (which can be binding or non-binding). Many…
07 May 2014
Employment advice
On 6th April Section 16 of the Enterprise and Regulatory Reform Act 2013 was brought into force. This adds a new section 12A to the Employment Rights Act 1996 which gives Employment Tribunals the power to order employers to pay a penalty if the employer has breached any of the worker's rights to which the claim relates and has one or more aggravating features. The amount of the penalty is 50% of the amount awarded to the employee subject to a minimum of £100 and a maximum of £5,000. The Tribunal must have regard to an employer's ability to pay in deciding whether to order the employer to pay a penalty. There is nothing in the Act which says what would amount to an aggravating features, but the guidance notes published by the government suggest…
05 May 2014
Employment advice
Under section 80F of the Employment Rights Act 1996 Employees have the right to request flexible working if they have been employed for 26 weeks and have childcare responsibilities or responsibilities to care for an adult relative and there is a specified procedure which an employer must follow when such a request is made. From 30th June 2014 all employees who have been continuously employed for 26 weeks or more will have a right to ask their employer for a change to their contractual terms and conditions of employment to work flexibly. The requirement to follow the regulations when considering an application for flexible working will be replaced by a requirement to "deal with the application in a reasonable manner." From 30th June if an employer receives a request from an employee for flexible working…
01 May 2014
Employment advice
From 2 May, 2014 the time period for a transferor to provide employee liability information to a transferee increases from 14 to 28 days before the transfer. This only applies to TUPE transfers which take place on or after 1 May 2014. Additionally, from Tuesday 6th May it will be compulsory to notify ACAS of an intended tribunal claim before presenting an employment tribunal claim form. ACAS early conciliation has been optional since 6 April 2014; from 6 May 2014 it will become compulsory. Published: May 2014 Contact us: For further advice on your employment issues contact Gillian Reid 01904 716050.
17 April 2014
Wills and estates
The Ministry of Justice has recently announced that Probate Court Fees are to increase with effect from the 22nd April 2014. The fee for the application of a Grant by a Solicitor is being increased from £45 to £155 and the cost of a personal application rises to £215. The fee per certified copy for the Grant is reducing from £1.00 to 50p. Any applications received by the Probate registry on or after the 22nd April will be subject to the increase. When someone dies it is often necessary to obtain a Grant of Probate or Grant of Letters of Administration (Grants of Representation) in order to be able to deal with the assets in the estate. These may include bank accounts, shares and insurance policies. If the deceased owned a property it will be…
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