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Legal Blog

DISMISSING SHORT SERVICE EMPLOYEES

DISMISSING SHORT SERVICE EMPLOYEES If an employee has less than 2 years’ continuous service they cannot generally claim unfair dismissal and it can therefore be relatively straightforward to dismiss them. However, there are risks Employers should...

BEWARE OF ONLINE SCAMS

BEWARE OF ONLINE SCAMS According to Ofcom nearly as many people report seeing scams as they do seeing bad language and rudeness.   Online scams can cause great emotional and financial harm to their victims. A recent online scam advertised...

Inheritance Tax receipts on the increase

Inheritance Tax receipts on the increase, time for assistance for the tax payer… There has been much discussion in the press and amongst political groups recently but, ultimately, the Budget did not reduce Inheritance Tax rates. The Inheritance Tax...

Update from the Land Registry

  Update from the Land Registry regarding Registration Delays Since the beginning of the COVID pandemic (during which the Land Registry closed some of their services) and following the subsequent upsurge in the amount of property transactions taking...

Can I supervise a learner driver?

Can I supervise a learner driver? The answer is any driver can supervise a learner driver if you: are at least 21 years old are qualified to drive the type of car the learner will be driving. have held a full driving licence for at least 3 years. are...

Safeguard your assets!

Safeguard your assets! There are around 6 million Lasting Powers of Attorney registered with the Office of the Public Guardian in England and Wales. Despite this, the benefits of these important planning measures are not that well known. There will be...

REQUESTS FOR EXTENDED LEAVE

REQUESTS FOR EXTENDED LEAVE There are many circumstances in which an employee may request extended leave eg to travel or for personal reasons. An employee has no legal right to take an extended break from work for personal reasons and likewise there is...

WHEN MUST AN EMPLOYER PROVIDE A REFERENCE?

WHEN MUST AN EMPLOYER PROVIDE A REFERENCE? An Employer is only legally required to provide a reference for an employee who is leaving or a former employee : where there is a contractual obligation to do so (eg where there is provision to do so in a...

What is the annual vehicle MOT test?

What is the annual vehicle MOT test? An MOT is the Ministry of Transport roadworthiness test of a vehicle which was first introduced in 1960 to ensure that  vehicles comply with current road safety and environmental standards. Most vehicles must...

NEW BUILD ESTATES

NEW BUILD ESTATES The Competition and Markets Authority (CMA) has published the first in a series of ‘working papers’ – which seeks feedback on potential solutions to problems with new build estate management and the charges households...

POTENTIAL ISSUE OVER EASTER BANK HOLIDAYS 2024

POTENTIAL ISSUE OVER EASTER BANK HOLIDAYS 2024 This year the Easter  Bank Holidays fall on Friday 29 March and Monday 1 April 2024 so that  if your holiday year runs from 1 April to 31 March they straddle 2 holiday years. In the current holiday...

The cost v. benefit of a Lasting Power of Attorney

The cost v. benefit of a Lasting Power of Attorney If you were to lose mental capacity, a Lasting Power of Attorney (LPA) is an important legal document to help safeguard your assets and protect decision making. Mental capacity can be lost through...

2024 - SHARP INCREASE IN MINIMUM WAGE RATES

2024 – SHARP INCREASE IN MINIMUM WAGE RATES On 1 April 2024  the National Minimum Wage (NMW) and National Living Wage (NLW) rates will  be increased by the largest amount since their introduction as follows :- NLW payable to all...

SHOCKING MISCARRIAGES OF JUSTICE LAID BARE

SHOCKING MISCARRIAGES OF JUSTICE LAID BARE Did you watch the first episode of Mr Bates v The Post office which was screened on ITV on Monday 1 January? – A drama telling the tragic story of the lives of hundreds of innocent Sub-postmasters which...

Grant of Probate...what to consider

Grant of Probate…what to consider There is a common misunderstanding that, if someone has a Will, Probate is not required. A Grant of Probate may be required however, irrespective of whether a Will exists, if there are assets in an estate linked...

DIGITAL ASSETS

DIGITAL ASSETS These days it is common for the majority of people to keep their photographs and videos on their mobile phones / tablets / social media. Whilst this seems to be the norm going forward, there are times when this decision could cause a lot...

TENANCY DEPOSITS

TENANCY DEPOSITS The Central London County Court has heard a case involving a landlord who had failed to protect a tenant’s deposit and then did not return it. Where a landlord fails to deal with a tenant’s deposit in accordance with an...

DANGERS OF DRINK SPIKING AND HOW TO STAY SAFE

DANGERS OF DRINK SPIKING AND HOW TO STAY SAFE Drink spiking occurs when alcohol or other drugs are intentionally added to someone’s drink without their knowledge or consent and can happen anywhere, including pubs, clubs, parties, festivals and in...

Don't drink and drive this Christmas

Don’t drink and drive this Christmas So what are the current UK drink-drive laws? Since 1967 the alcohol prescribed limits have not changed in England and Wales being 35 micrograms of alcohol per 100 millilitres (ml) of breath; 80 milligrammes of...

Sexual Harassment in the workplace

Sexual Harassment in the workplace A new legal duty to take reasonable steps to prevent sexual harassment in the workplace comes into force on 26 th October 2024. If the duty is breached and an employee successfully pursues a claim for sexual...

Helping Father Christmas

Helping Father Christmas It’s never too early to mention the ‘C’ word for our property team! Our Conveyancing team is working hard at the moment to ensure that our clients who want to move into their new homes before Christmas can do...

Changes to Pensions auto-enrolment age

Changes to Pensions auto-enrolment age The new Pensions (Extension of Automatic Enrolment) Act 2023 gives the Government power to lower the minimum age threshold for pensions auto-enrolment for eligible jobholders from 22 to 18.  This change is...

DO YOU NEED TO HAVE A DIFFICULT CONVERSATION .....

DO YOU NEED TO HAVE A DIFFICULT CONVERSATION .....  Last night Martin Lewis discussed the important subjects of making a Will and Lasting Power of Attorney. It is vital to make a Will so that you can  decide to whom your assets are left when...

What is "deadnaming"?

What is “deadnaming”? An employee has been awarded over £25,000 in compensation after she was “deadnamed” by her employer. “Deadnaming” is the act of referring to a transgender or non-binary person by their...

Death Bed Gifts

Death Bed Gifts Donatio Mortis Causa also referred to as a death bed gift is when someone makes a gift in contemplation of death and the gift is conditional on their death. To make a valid death bed gift, the gift has to be made in contemplation of...

Employee Awarded £130,000

Employee Awarded £130,000 following exclusion from WhatsApp Group Chat An employee on long-term sick  leave, who was excluded from his employer’s WhatsApp group chat because of his health condition,  has been awarded £130,000...

REDUCED COUNCIL TAX FOR LANDLORDS AND TENANTS

REDUCED COUNCIL TAX FOR LANDLORDS AND TENANTS After campaigning by the National Residential Landlords Association the Government has announced that it will stop banding individual rooms in shared houses separately for Council Tax purposes. This means...

Vehicle hazard lights

Vehicle hazard lights; the…Do’s and Don’ts…of when are you permitted to use them… Guidance from the Department for Transport clearly sets out the circumstances when …and the situations where, drivers should consider...

CHANGES TO RENTERS REFORM PLANS

CHANGES TO RENTERS REFORM PLANS MPs will today debate the  Renters (Reform) Bill in Parliament However, following extensive representations by the National Residential Landlords Association,  the Government announced on 20 October 2023 that :-...

18 months left to avoid stamp duty hike

18 months left to avoid stamp duty hike The Stamp Duty Land Tax (Temporary Relief) Act 2023 reduced the amount of SDLT paid by house buyers. This meant that SDLT would only apply to properties over £250,000. In March 2025, the current rate will...

The cost v. benefit of a Lasting Power of Attorne

The cost v. benefit of a Lasting Power of Attorne y If you were to lose mental capacity, a Lasting Power of Attorney (LPA) is an important legal document to help safeguard your assets and protect decision making. Mental capacity can be lost through...

Who Pays for an Employee's Parking Penalty?

Who Pays for an Employee’s Parking Penalty? MPs are not permitted to claim penalty charges and fines under Parliamentary Rules. But what about employees? Whilst employees may think that their employer should be responsible for a parking...

Driving eyesight requirements

 Driving eyesight requirements …   At this time of year as the nights draw in and the days are getting shorter are you finding it difficult to focus on ‘the road ahead’? Are you sure that your eyesight meets the DVLA...

Interest rates May Have Peaked

Interest rates May Have Peaked The Governor of the Bank of England has suggested that interest rates may have reached their peak following 14 successive increases. Andrew Bailey told MPs that interest rates are “much nearer now to the top of the...

"Quickie divorces"

 “Quickie divorces” Online divorces known as “quickie divorces” have become more popular over the last few years. and there are now many alternatives to using the traditional high street solicitor.   Although these...

Lasting Powers of Attorney (LPAs) - registration of documents

Lasting Powers of Attorney (LPAs) – registration of documents There have been delays previously with the waiting times for the registration of Lasting Power of Attorney (LPA) documents.  This is still an ongoing problem. At present, if you...

NEW RIGHTS FOR PARENTS AND CARERS

NEW RIGHTS FOR PARENTS AND CARERS In addition to The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 (see our Blog dated 17 July 2023)  there are 2 further Acts which have received Royal Assent :- The Neonatal Care (Leave and Pay)...

Recent changes to The Highway Code

Recent changes to The Highway Code: The new ‘hierarchy of road users’ as advised by The Driver and Vehicle Standards Agency (DVSA) You are probably aware that at the beginning of last year, the rules for road users were updated within the The...

FIRST TIME BUYERS

FIRST TIME BUYERS Many first-time buyers are struggling with the stress and pressure of purchasing their first home. What with property prices increasing over the last ten years putting pressure on them to find larger deposits and the higher interest...

Alternatives to court proceedings - children disputes

Alternatives to court proceedings - children disputes The government believes that more disputes could be resolved without going to court. This is on the basis that this would spare families from unnecessary stress and protect children from avoidable...

Intestacy rules to change...make a Will

Intestacy rules to change…make a Will The intestacy rules apply to an estate if someone passes away without a Will. The government has recently confirmed that it has made a  Statutory Instrument  to set a new Statutory Legacy (fixed net...

MORE REDUNDANCY RIGHTS FOR PREGNANT EMPLOYEES

MORE REDUNDANCY RIGHTS FOR PREGNANT EMPLOYEES The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 received Royal Assent in May 2023 and is expected to come into force after April 2024. The Act makes several changes and grants certain...

Transfer of Equity

Transfer of Equity:  When good intentions sometimes have unintended consequences In recent months it has become a noticeable trend for members of the public to consider transferring the remaining equity in their property to another family member or...

Am I allowed to use my mobile whilst driving?

Am I allowed to use my mobile whilst driving?  Following changes to the law which came into force on 25 March 2022, a driver commits a road traffic offence by using a handheld mobile phone for whatever reason when driving (there is an exception if...

Divorce Procedure

Divorce procedure Previously, if your marriage had irretrievably broken down and you believed that the only available option open to you was to start divorce proceedings, then you had to raise one of 5 reasons to divorce your spouse. However, the...

Use of Family Court Language

Use of court language   Do you think that the language and description used by legal professionals in court needs to change? Many people would agree that the current language used in court encourages conflict and we should therefore avoid the use of...

LPAs - Safeguard your Assets!

Safeguard your assets!   There are around 6 million Lasting Powers of Attorney registered with the Office of the Public Guardian in England and Wales. Despite this, the benefits of these important planning measures are not that well known. ...

What is a Settlement Agreement?

BLOG   What is a Settlement Agreement? At mosshaselhurst we have many years experience of drawing up Settlement Agreements (formerly known as Compromise Agreements) on behalf of Employers and in particular advising employees as to their meaning...

Your first motor vehicle

  Your first motor vehicle and you are raring to go … but how safe are your tyres? You might be interested to know that as at the end of September 2022, there were 40.8 million licensed vehicles in the UK. So, it follows that if most of...

DEALING WITH DEBT

DEALING WITH DEBT   We appreciate that dealing with your own debt can be a very stressful and worrying time but it is not something that you need to face alone. Agencies such as Citizens Advice, StepChange, National Debtline or Business Debtline are...

VOLUNTARY REDUNDANCY

VOLUNTARY REDUNDANCY If an employer invites applications for voluntary redundancy are they obliged to accept any employee who applies? The answer is “no”.    Employers  may refuse an application for voluntary redundancy if...