Gill Laing

There may be instances where employers need to think about making changes to an employment contract. An employment contract is a legally binding agreement made between you, the employer, and your employee. Employment contracts should be carefully worded with the guidance of a legal expert to provide certainty and clarity for both parties as to their relative rights and responsibilities. The employment contract should clearly set out the terms and expectations of both employee and employer to avoid future disputes. However, as businesses and their employees are constantly changing, it is to be expected that an employment contract may require…

A settlement agreement, is a legally binding contract which is typically agreed between an employee and their employer. While they can be entered into at any stage of an employment relationship, settlement agreements are generally used before termination of employment following a workplace dispute or grievance. Settlement agreements were previously known as ‘compromise agreements’. Importantly, by signing a settlement agreement, the Employee waives certain legal rights, notably the right to bring a claim in the Employment Tribunal. The employee has to take steps to ensure the terms meet their requirements before signing the agreement. The payment terms of the settlement…

If you are a business tenant and the commercial lease for your business premises is due to expire you will need to consider your next steps. You must determine whether you want to end or renew your lease, and if the latter under what terms, and communicate your intentions to your landlord. To ensure a successful outcome, it is essential that you understand your rights and responsibilities when dealing with the end of your commercial lease. The legal position for business tenants on commercial leases The key piece of legislation concerning UK commercial leases is the Landlord and Tenant Act…

Disciplinary hearings can be daunting and stressful for employees, with possible outcomes including demotion or even dismissal. If you are facing a disciplinary hearing, it will be important to prepare well in advance, understanding the nature and detail of the allegations being made against you, compiling a defence and familiarising yourself with the disciplinary procedure you will be taken through. All employees, regardless of length of service, have the right to not be unfairly dismissed on ‘automatically unfair grounds’. This means your employer must conduct any disciplinary proceedings in accordance with the law. Disciplinary process: ACAS code of practice If…

A commercial dispute with a supplier, contractor, shareholder or business partner can be time-consuming and costly to resolve. Whether you are dealing with a breach of contract or professional negligence, it would always be preferable to avoid a dispute altogether. However, where disagreement does arise, steps will need to be taken for resolution. But before embarking on any dispute resolution process, take professional advice to consider the strengths and weaknesses of your case and the options available to you for resolving the commercial dispute. What are your commercial dispute resolution options? This is a matter for you to consider with…

A boundary dispute is a disagreement between the owner(s) or occupier(s) of two or more neighbouring properties in respect of their rights and duties over their land. It is common for minor disagreements with neighbours relating to rights over land to escalate into full-scale boundary disputes. Boundary disputes can take many forms. Typically, disputes will arise where two adjacent property owners hold a genuine belief that they own the same piece of land. As such, they may disagree on the position of a boundary wall between their properties, as well as any obligation to maintain that structure. Much broader arguments…

A patent gives the owner legal rights in respect of a new invention that exclude others from selling, making, using or profiting from their invention for a limited time period. If you have invented a product or process which is new, innovative and has industry applications, you might be considering applying for a patent to the Intellectual Property Office (IPO). But with only 1 in 20 applicants successfully receiving a patent, if you are looking at how to patent an idea, it is important to first understand what you will need to show to be eligible for this type of intellectual…

Careless driving is defined as the act of driving a vehicle on a road without due care and attention or without consideration for other persons on or around that road. The penalties for careless driving convictions, which include penalty points, fines, custodial sentences and disqualification periods, will be determined by the seriousness of the offence and if any fatalities were involved (‘death by careless driving’). What is classed as careless driving? Careless driving is extremely broad in scope. Examples of the offence could include: Pulling out from a junction into the immediate path of oncoming traffic Colliding with another vehicle…

If you are ineligible for the Visa Waiver Program, to gain lawful entry into the USA for short-term visit you will be required to apply for a visa. For temporary stays, the B1 visa category allows entry into the US for foreign nationals looking to carry out business in the USA, and the B2 for individuals entering the USA for tourism purposes. Alternatively, individuals can apply for the B1/B2 visa, a combined non-immigrant visa that gives the holder the right to legally enter the USA for both tourist and business purposes. B class visas are only valid as long as…

Much was made in the media last week about this week’s ruling in Germany giving employers the right to enforce specific dress codes on staff. There has been public outrage after the State Labour Court in North Rhine-Westphalia ruled on the case concerning the clothing and general appearance of airport security personnel, appearing to give employers a largely free hand to determine how employees should look and dress at work. The most newsworthy element of the ruling is that it enables German employers to force female employees to wear bras in the workplace. Further, the court held that if female staff…

The Freedom of Information Act 2000 sets out the rights and responsibilities of both the public authorities to make certain types of information publically available and those who wish to access the information by making a Freedom of Information Act request. Under the Act, individuals are permitted to request access to information about the activities of public organisations. Freedom of Information Act requests can be made by anyone; individuals do not have to be UK nationals or residents. A primary purpose of the act was to allow the public insight into how UK public funds are being utilised. By enabling…

The Health and Safety at Work Act 1974 (the Act) ensures health and safety in the workplace. Although primary responsibility lies with the employer, the Act also specifies the health and safety responsibilities of employees to ensure the health, safety and welfare of people in the workplace is sufficiently safeguarded. The respective responsibilities rely heavily on one another to ensure the smooth running of health and safety practices in the workplace. For health and safety legislation to be effective, both employer and employee are legally obliged to comply with their duties under the Act. Failure by employees to adhere to…

As an employer you are required by law to comply with your duties for managing health and saftey in the workplace under the Health and Safety at Work Act 1974. Part 1 of The Health & Safety at Work etc. Act 1974 requires employers to take all reasonably practicable steps to safeguard the health, safety and welfare of employees, self-employed workers and anyone else who comes into contact with your business. This includes anyone visiting your premises and members of the public. You are required as a minimum to provide employees with adequate facilities such as toilets and places to…

It is incumbent upon all UK employers, irrespective of size or sector, to ensure that both prospective and existing employees are legally entitled to work in the UK. The consequences of failing to carry out right to works checks, or to do so correctly, can have serious consequences for you individually, as well as your business. This includes tough civil and criminal sanctions, as well as potential disruption to your business by way of loss of individual staff or even a closure notice. It could also result in revocation of any licence to employ overseas workers, not to mention serious…

Under the Immigration, Asylum and Nationality Act 2006 your business may be liable for a civil penalty if you employ someone who does not have permission to work in the UK or do the work on offer. All UK employers are under a duty to prevent illegal working by carrying out prescribed document checks. This is to ensure that all employees are lawfully allowed to work in the UK. Failure to carry out these checks correctly can result in Home Office immigration enforcement action against the employer, such as a civil penalty for illegal working and criminal sanctions. Below we…

An executor of a will is appointed to handle an individual’s estate after they die. The ‘estate’ covers all of the deceased’s assets or belongings – money, property, possessions, and even debts. When a friend or family member asks you to be the executor (known as ‘executor nominate’ in Scotland) of their will, it will be important to understand what the role entails. Who can be an executor of a will? Anyone who is over 18 years of age can be appointed as the executor of a will. Many people choose their partner or children, or a friend. It is…

Dying intestate is when an individual dies without leaving a valid will in which they are then deemed to have died ‘intestate’. Their estate is therefore distributed in accordance with the rules of intestacy. Where the deceased has surviving family members, under the intestacy rules the process of claiming inheritance from the deceased’s estate can become lengthy and expensive. Making a valid will is the most effective way of ensuring your assets are allocated as you wish upon death and avoiding your estate becoming deemed intestate. But if intestacy does apply, what happens next? Dying Intestate – Who can…

Discussing what we would like to happen after we die is a conversation that most of us would rather defer. Yet making a will is essential if you want to ensure that your wishes are met following your death. If you die without making a will or leaving a valid will, the law will determine who inherits what you own. In legal terms this is known as dying ‘intestate’. If you die intestate your money, property and personal possessions will be distributed in accordance with the rules on intestacy. This is especially significant if you have loved ones that depend…

If a person has died without leaving a valid will, they have died intestate. Their property (the estate) will need to be shared out according to certain rules, called the intestacy rules. The Administration of Estates Act 1925, which sets out who can administer the estate and benefit from it if there is no valid will, applies to anyone whose permanent home was in England or Wales at the time of their death. Intestacy can also occur where there is a will but it has not been held to be legally valid, such as where you may have been pressured…

Probate is the legal process of dealing with the estate of someone who has died. The term is used to describe both the grant of probate itself and the process involved in obtaining the grant. Probate is granted when a valid will has been left by the deceased. It’s your responsibility to obtain the grant of probate if you’ve been named as an executor in the will. Probate can be granted in favour of one or all of the executors named in the will. With the grant of probate you can deal with the deceased’s assets. These assets can include…