You are legally obliged to provide all of your employees with a minimum annual holiday entitlement. It is important that you understand your legal obligations in this area and adhere to them. Our Your Responsibilities guide will help to inform you, as will the information contained on the rest of this page. In the UK, both full and part time employees are entitled to a statutory period of paid holiday. This is also true of many temporary workers such as temp agency employees. Holiday entitlement is universal, but there is a pro-rata arrangement for part time workers. The written contracts…
It is always wise to deal with any issues that employees have as soon as possible, and do so informally if you can. If it is not possible to resolve things this way, or if an employee wants to deal with things in a more formal manner, you may need to adhere to an official grievance procedure. All companies should develop something in the event of a grievance, preferably with the help of their employees. It is important to bear in mind that, from your employee’s point of view, all of the issues they raise will be a matter of…
Quite aside from the debate whether Britain should be in or out of Europe, EU law provides an array of rules, rights and options for litigators, says Robert McCracken QC. This article first appeared in the Solicitors Journal in October 2013 as reproduced with their permission Whether we like it or not EU law, often in the form of directives, governs many of the rights of citizens and obligations of public bodies in the UK. As lawyers we don’t always realise how best to take advantage of that for our clients. Here are ten of the most useful points which…
When entering into a contract with someone inside or outside of the UK it is wise to include the following details in the contract: Which country’s laws will apply to the contract The procedures the parties involved will use to settle any disputes Which country’s courts will hear any disputes arising from the execution of the contract Every contract needs to include: A jurisdiction clause that explains which country’s court system will be used to hear and rule on any disputes A governing law clause which specifies the legal system that will be used for the interpretation of the agreement…
If you are giving your employee with a reference, you have a duty of care to them and the person you are sending the reference to. You must make sure that any statement that you make is “in substance, true, accurate and fair”. For most sectors, there is no legal duty for you to provide a reference. However, there are exceptions to this, for example if you do business in the financial sector you are legally required to provide a reference when asked to do so. That said it is important to realise that a refusal to provide a reference…
I own a fabric shop. An Indian restaurant has opened next door and the smell is damaging my goods. I’ve tried to talk to the owner of the restaurant business but he says that he has done everything he can to limit the passage of smells. I’ve now had an expert in and he suggests damp-proofing which is expensive. Can I get the restaurant owner to pay all or part? The law of nuisance, which concerns cases of unduly interfering with the comfortable and convenient enjoyment of land, taking account of the character of the neighbourhood and duration of the…
I design and sell jewellery. I found out that an almost identical version of a ring I designed is available in a large high street store. Unlike my product, the ring is not made of precious stones and has clearly been produced for the mass market. I would like to be credited with design and compensated accordingly. It is important that you act quickly. Any delay may lead them to conclude that you tolerate free copying and also may be fatal to your chances of getting an immediate injunction from the court. Also, you need to send a message to…
Trustees are responsible for administering the trust and the legal owners of any assets belonging to it. They have a duty to manage assets in the best interests of the beneficiaries. The “settlor” of a trust – the person who sets it up and funds it – can be a trustee, although a beneficiary cannot. The legal duties and powers of trustees include: A The duty to act in accordance with the rules of the trust; B A duty of care to the trust’s beneficiaries; C The power to make investments for the benefit of the beneficiaries; D The duty…
Are you being abused by your family or your partner? Do They Check your Mobile Phone Say things to scare you to give them what they want Get angry when you spend time with friends/family Call you hurtful names Threaten to spread nasty rumours about you Take their anger out on you Slap, Hit or Push you The answer is simply YES you are being abused Both parties can get help Violent Prevention Programme This Respect Accredited groupwork programme has 26 structured sessions designed to help men to understand why they have used abusive behaviour, how they can change this,…
If you are involved in an employment tribunal claim it is vital to familiarise yourself with the relevant legal requirements before proceeding. For more information, you should also read our systematic guide of what to do next, or contact us via our free legal helpline. Independent judicial bodies are responsible for dealing with employment tribunals and claims that relate to employment rights that arise from them. Generally, any decision made by an employment tribunal will be legally binding. Appeals are rare, but in some circumstances, permission to appeal may be granted. The different types of claims A raft of employment legislation…
