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Insights

Do on call workers who are not at their workplace need to be paid Minimum Wage?

Posted on 08th August 2019 in Employment

There has been much case law over recent years about when on call workers are entitled to be paid. The Scottish EAT has now added to the vast amount of case law on the matter, by hearing the case of; Truslove and another v Scottish Ambulance Service. Truslove confirms the current position, which is that where a worker is required to remain at the workplace and available for work with a view to providing their services at some point, this will amount to working-time and not a rest period. This is the case even if the worker is allowed to sleep and so the worker is entitled to be paid for their time.

Posted by

Stephen Jennings

Partner and Solicitor

Insights

When can you leave children unattended?

Posted on 01st August 2019 in Family Law

If you’re a parent, you’ll be familiar with how difficult it can sometimes be to get your children to accompany you to the shops or appointments. If only you could safely leave your child on their own and get those daily tasks done quickly. But where does the law stand with this?

Posted by

Aimee Aspinall

Senior Associate & Solicitor

Insights

Disability discrimination without the disability

Posted on 25th June 2019 in Employment

A new Court of Appeal decision highlights the unusual case of an employee who successfully brought a disability discrimination claim even though she is not, and is not likely ever to be, disabled.

Posted by

Stephen Jennings

Partner and Solicitor

Insights

Tenancy Deposit protection breach

Posted on 21st June 2019 in Property Litigation

Anyone familiar with residential tenancies will know of the onerous duties placed on landlords to protect deposits taken from tenants.

Posted by

Stephen Jennings

Partner and Solicitor

Insights

Divorces set aside by the High Court

Posted on 23rd April 2019 in Family Law

The High Court has again delivered judgments in relation to applications by the Queen’s Proctor to set aside divorce decrees in four different cases on the ground that the petitions breached the 1 year bar. The 1 year bar is set out in section 3 of the Matrimonial Causes Act 1973 and states that neither party to a marriage may commence divorce proceedings before the couple have been married for 1 year.

Posted by

Aimee Aspinall

Senior Associate & Solicitor

Insights

The 8 stages of buying a new build home

Posted on 11th April 2019 in Residential Property

Buying your home is probably the most expensive investment that you will ever make so it pays to get the right advice. As one of the oldest and largest firms in the South West, we aim to provide you with a swift and expert service at a competitive price.

Posted by

Jessica Betts

Associate & Chartered Legal Executive

Insights

Putting the kids first; how to minimise fallout from a family breakdown – a five step guide

Posted on 06th April 2019 in Family Law

A child may feel torn between both parents or angry and one or both parents for the relationship breaking down. Every situation will be different and depend on the unique circumstances of the family unit, but it should be everyone’s concern that the children are protected from any animosity between the parents.

Posted by

Caroline Ryan

Head of Private Family

Insights

Mediation Information and Assessment Meetings

Posted on 02nd April 2019 in Family Law

If you are experiencing difficulties with a family matter, such as issues relating to a potential divorce and the associated financial aspects or issues concerning your children, you may be considering court proceedings. Before you can make an application to the court in relation to a family issue you must attend a Mediation Information and Assessment Meeting (MIAM). There are exemptions available and these can be discussed with you if necessary.

Posted by

Caroline Ryan

Head of Private Family

Insights

Case study for employers on suspension in disciplinary proceedings

Posted on 11th March 2019 in Employment

You may remember that we reported on the case Agoreyo v London Borough of Lambeth where the High Court held that the suspension of a teacher to allow for a misconduct investigation was not a neutral act and amounted to a breach of the implied term of mutual trust and confidence. This case was appealed to the Court of Appeal which has overturned the decision.

Posted by

Joanna Parry

Associate and Solicitor

Insights

What happens if planning permission is refused?

Posted on 06th March 2019 in Planning and Licensing

The planning process is a long and complicated one, which may not always produce the result the client desires. If a planning application isn’t filed correctly, or there are objections to the plan then it can be thwarted at the first hurdle. So, if your planning application has been refused, how can you challenge that decision, and what can you do to make the process easier?

Posted by

Kelly Burns

Senior Associate & Solicitor

Insights

Guide on the new Energy efficiency legislation (EPC tests)

Posted on 05th March 2019 in Property Litigation

The minimum ratings for Energy Performance Certificates have got a lot tougher, and now any rental property must achieve at least an ‘E’ rating for it to be rented out.

Posted by

Simon Sanger-Anderson

Senior Consultant Solicitor

Insights

Questionnaires in Financial Remedy Proceedings

Posted on 11th February 2019 in Family Law

To prepare for the First Appointment in financial remedy proceedings, each party must file with the Court and serve the other party a questionnaire in respect of their financial disclosure (Form E). When completing Form E, the parties have an obligation to the Court to give full, frank and clear disclosure. The duty is ongoing and includes a duty to disclose any material change in financial circumstances.

Posted by

Aimee Aspinall

Senior Associate & Solicitor