Authorised guarantee agreements (AGA’s) were introduced under the Landlord and Tenant (Covenants) Act 1995 in an attempt to conciliate the potential risk to the landlord if the new tenant proves unreliable and confusion over the outgoing tenant’s liability. Simply put, an AGA’s is a type of legally binding guarantee used to protect a landlord’s interests in cases where the tenant sells or assigns their lease to a new tenant. Effectively, AGA’s hold the assigning tenant responsible for the assignee should the latter fail to meet terms of the lease. Landlords can only legally require a tenant to enter into an…
Gill Laing
Gill Laing
Gill Laing is a qualified Legal Researcher & Analyst with niche specialisms in Law, Tax, Human Resources, Immigration & Employment Law.
Gill is a Multiple Business Owner and the Managing Director of Prof Services - a Marketing Agency for the Professional Services Sector.
If you’ve been in an accident, or developed an illness, that wasn’t your fault or was the result of another person’s negligence, you may have a case for a personal injury claim to recover financial compensation. This compensation can be used to cover loss of earnings, medical treatment, rehabilitation, loss of earning potential and other losses incurred as a result of the injury or illness. Personal injury claims can arise from many scenarios – such as in the workplace or on the road. If, for example, you’ve been involved in a road accident that was the fault of another party,…
When you or your family fall ill abroad, it can not only spoil your holiday but be expensive, upsetting, and possibly cause long-term health problems too. Your tour operator and hotel have a duty of care to you as its customer when you are on holiday. So if any of your party become ill as a result of a failure in this duty of care, you may be eligible to make a holiday sickness claim for compensation. What are the requirements to make a holiday sickness claim? You are eligible to make a claim if you, members of your family,…
What is medical negligence? If you receive medical advice or treatment in the UK, you have the right to expect that this will be done to certain standards. In legal terms you are owed a ‘duty of care’ by the person who gave the advice or carried out the procedure. Their duty towards you is to meet a standard of conduct to protect you against ‘reasonable risk of harm’. If they don’t meet this standard, and as a result of this failing their actions cause significant harm to you, then you, or your next of kin, may have a medical…
A liquidated damages clause is a provision which represents an agreement between parties as to the payment that should be made if a particular contractual term is breached. Where a liquidated damages clause is included in a contract, it is specific to an obligation which is known as the primary obligation, with the payment clause being activated if that primary obligation is breached. Examples could include where a construction contractor fails to complete a build by the completion date, or where a service provider fails to meet the specific standards outlined in the contract causing loss. The advantage to contract…
The N244 form is an application notice, used to apply for a court order in the civil courts. The N244 form is used in relation to a number of different applications, normally in relation to monies owed to or by the applicant. It could be that this is an application for an initial court order to repay monies owed, a subsequent appeal to have the arranged payments of a CCJ (county court judgement) reduced, or an appeal to evict or repossess. Where can I obtain an N244 form? The N244 form and the accompanying guidance notes can be…
Planning for the future can seem like a daunting task, but it’s vitally important to make sure that you have someone you trust to look after your affairs if you are unable to do so yourself. A lasting power of attorney can help with this—it allows you (the donor) to appoint one or more people (known as attorneys) to help you make decisions or make decisions for you in the future. Choosing someone you trust to look after your affairs in the future can give you peace of mind and it can be done at the same time as making…
What is Power of Attorney? A Power of Attorney is the grant of legal authority for another person (or persons) to make important decisions and manage your affairs on your behalf in circumstances where you are unable to do so yourself. When you apply for Power of Attorney you are known as the ‘donor’. Any individual that you appoint to act on your behalf will be known as the ‘attorney’. Do I need Power of Attorney? There are number of practical and health-related reasons why you might need another person to make decisions or manage your affairs for you, either…
Intellectual property relates to the ownership of different types of literary, artistic and industrial creations. From inventions to innovative designs, intellectual property can prove to be extremely valuable, not only financially but also for individual and commercial recognition. As with any other commercial asset, intellectual property can be bought, sold, licensed, mortgaged or otherwise assigned. As such, intellectual property protection is vital in preventing others from exploiting these assets, protecting both innovators and investors alike. Intellectual property law typically grants the creator or owner exclusive rights over their intellectual asset, albeit for a fixed period of time. This can, however,…
The trademark has become the hallmark of modern consumer society. It is a commercially recognised way of indicating origin, quality and reputation. As such, a distinctive trademark can be an effective way of promoting your goods or services, as well as preventing competitors from imitating your brand identity. Under the Trade Marks Act 1994 a trademark is defined as ‘any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings’. As such, a trademark can include any words, letters, numerals, symbols or designs that distinguish your goods and…
As a UK employer you are under a duty to prevent illegal working by carrying out right to work document checks confirming all of your employees are lawfully allowed to work in the UK and undertake the work on offer. Failure to carry out these checks correctly or failing to carry them out at all can result in Home Office enforcement action, including a substantial fine of up to £20,000 per illegal worker – known as a civil penalty – and potentially criminal prosecution. Home Office enforcement of illegal employment If the Home Offices alleges a breach of your right…
If you are an employer looking to hire an international student graduate who has studied in the UK under Tier 4 of the points based system, the following guidance sets out the process of switching from a Tier 4 to Tier 2 visa. Further reference should also be made to the detailed Home Office guidance ‘Tier 2 of the points based system: policy guidance’ – to be read in conjunction with the relevant up-to-date provisions of the Immigration Rules. Who is eligible to switch from Tier 4 to Tier 2? Tier 2 is the primary immigration route for working in…
Since the introduction of the Pensions Act 2008, all UK employers are required to enrol certain employees in an auto enrolment pensions scheme and contribute towards it. This is known as Auto Enrolment. If your business employs 1 or more workers aged between 22 and the state pension age and earning over £833 per month gross, it is your responsibility to set up a workplace pension scheme which meets the requirements set out in the Pensions Act 2008. Employees who meet the criteria concerning age, wage etc must be automatically enrolled in the pension. The business is then required to…
A staff handbook, otherwise known as an employee handbook, employee manual or company handbook, is designed to provide employees with information relating to their working conditions over and above that contained within the contract of employment. Although the employment contract will set out the core terms and conditions governing the working relationship between you and your employee, the staff handbook may contain additional contractual provisions relating to matters such as sick pay or holiday entitlement. Typically, the staff handbook will also provide guidance on all other employment related matters, for example, health and safety within the workplace or disciplinary and…
It is trite law that an employee has the right not to be unfairly dismissed, albeit subject to the qualifying service rule as set out under the Employment Rights Act 1996. As the law currently stands, an employee will require a period of continuous service in your employment for ‘not less than two years ending with the effective date of termination’ in order to qualify. However, it is a common misconception amongst employers that when dismissing an employee with less than two years’ service they are free from risk against a claim for unfair or constructive dismissal. There are a…
Despite best attempts to nurture a happy and well-treated workforce, there can be instances where an employee encounters an issue which needs to be addressed. To make sure employees have the best chance of receiving a satisfactory outcome, improve company moral, and avoid potential tribunals, employers must establish a strong and clear grievance procedure. A grievance is a workplace or company related issue formally raised by an employee. Concerns, complaints and problems of many form, which are related to or have occurred in the workplace or company, can become grievances. A grievance procedure is an established process through which an…
As an employer it is your responsibility to keep abreast of any changes in the law and to ensure that when taking on new staff, or renewing contracts for existing staff, that your practices comply with current legislation. As such, it is incumbent upon you to ensure that you provide a legally compliant contract of employment, setting out the rights and responsibilities of both you and your employees. By understanding ‘what is a contract of employment?’ this will help you to adequately and legitimately meet the economical and operational needs of both your business and workforce. The definition of a contract…
When faced with an employee dispute early conciliation can be one of the most expeditious and cost-effective methods of resolution for all parties involved. In this way both you and your employee, or ex-employee, may avoid the time, expense and stress associated with employment tribunal proceedings. What is early conciliation? Early conciliation is a system of mandatory pre-claim conciliation. The statutory provisions that govern the use of early conciliation are set out within the Employment Tribunals Act 1996 (as amended) and the Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014. These provisions require that before a claim…
As an employer it is your responsibility to keep abreast of any changes in the law, not least the requirement to pay eligible workers the national minimum wage – and to do so in accordance with the correct rate. No matter how small your enterprise, you are statutorily obliged to pay almost all workers the national minimum wage. Below we look at various issues relating to the minimum including how it is calculated, current rates and the consequences of any failure to comply with this minimum statutory requirement. What is the national minimum wage? The national minimum wage is the…
Most employees who are absent from work due to illness are entitled to some kind of sick pay entitlement. Broadly speaking, an employees’ sick pay could take one of two forms, Statutory Sick Pay (SSP) or occupational sick pay. SSP is the legal minimum sick pay requirement, while occupational sick pay is a contractual term specific to the employer. There are a number of instances when an employee may not qualify for either their employers’ occupation sick pay policy or even SSP. Similarly, sick pay entitlement can be affected due to contractual reasons or an employee failing to meet certain…