Hylton-Potts Law Blog

Legal Issues and Opinions affecting people from across the UK


Flexible Work

One of my staff wants to cut her work from five days to three, and to work flexibly to help care for her young child. She plays a crucial role in bringing and I am concerned that my business will suffer. Must I agree to her request? If not, must I give her redundancy pay?   Your sales manager does not have a right to work flexibly or part time. She can request it and that request should be considered properly in line with the statutory framework which sets out a timeframe for meetings, written decisions and the appeals process.

Click Here To Read More…


Copycats

I run three restaurants in the City with a distinctive, witty design, based on a well-known politician, a major attraction for our customers. A few weeks ago a friend returned from in Russia and told me she saw a restaurant there with a copycat exterior and interior design. Therefore really taken all our ideas and nicked them, which makes me very cross. Can we sue them?   Infringement of intellectual property rights is possible in Russia. You should file an action in a Russian court. Even if you manage to sue them in the UK, the judgment would not be

Click Here To Read More…


Adultery

The number of couples citing adultery as grounds for divorce has halved over the past 40 years, with unreasonable behaviour now the most common reason for a split. Experts say the shift reflects a change in attitudes towards divorce, with the public seeing it as a sad but ultimately unremarkable event. The real reason, however, is it is much easier to get a divorce on the grounds of unreasonable behaviour than adultery.  There is no need to name a 3rd party, and it saves time and costs. Citing adultery still requires proof and if the accused party does not admit

Click Here To Read More…


How long does a benefits fraud criminal record last?

To answer this question it is firstly important to understand that someone who has been investigated for benefits fraud will not automatically have a criminal record. The case has to have been taken to a criminal court and the person has to have actually been convicted of defrauding the DWP. Only at this point, do they end up with a criminal record. In theory, convictions for benefit fraud remain on that person’s criminal record permanently. However, after a period of time they are considered spent and, therefore, in some circumstances, need not be declared. The time that needs to elapse

Click Here To Read More…


I have been wrongly accused of benefit fraud, what can I do?

If you have been wrongly accused of benefit fraud, the first thing you need to do is to seek proper legal advice. A firm of lawyers with experience of dealing with these kinds of cases will give you advice to help you to fight the case and ensure that you do not make matters worse. They can help you to understand what may have happened to cause you to be investigated and help you to sort out any misunderstandings without making matters worse. The sooner you seek advice, the better. You will feel much better about the whole situation once

Click Here To Read More…


Couples Claim to be Apart

240,000 couples claim to be apart to claim lone-parent benefit ALMOST a quarter of a million couples with children are pretending to live apart to claim lone parent benefits worth up to £7,100 a year, Co-habiting couples who wrongly claim the lone parent tax credits can gain up to £7,100, rising to £9,985 for those with two children, or £11,917 for those with three. HM Revenue & Customs said it was aware of the problem of undeclared partners perpetrating tax-credit fraud, and was combating it. “Last year alone we carried out 120,000 checks on undeclared partners, and are continuing to

Click Here To Read More…


Parents warned on benefit fraud

Parents face penalties if they do not declare their child benefit. HOUSEHOLDS where one parent earns more than £50,000 a year and still receives the full child benefit are being urged to register for self-assessment immediately or face hundreds of pounds in penalties, and there can be committed service and prison sentences as well. Child benefit — worth £20.30 a week for the first child and £13.40 for each subsequent child — has been withdrawn on a sliding scale so that for homes where one parent earns more than £60,000, child benefit is lost completely. Eligibility is based on the

Click Here To Read More…


DIVORCE AND DISSOLUTION; OUR TOP 10 PRACTICAL TIPS

This guide is equally for both married couples and gay couples who have entered into civil partnerships, (for ease we have used the expression ‘divorce’ throughout. In the case of gay couples the expression is ‘dissolution’.   There are many things to think about.  It is likely to mean changes to whom you live with, maybe where you live, as well as changes to your finances.  This can be further complicated where children are involved to care for and support.  It is a huge change in your life and can be a very difficult and emotional time.   One of

Click Here To Read More…


Ten-year jail term for benefit fraudsters

Benefit and tax credit fraud costs Britain almost £2 billion each year Benefit cheats face increased jail terms of up to ten years under a crackdown More cases will be pursued and tougher sentences sought by sending suspects straight to Crown Court, in new guidelines for the Crown Prosecution Service. The enormous economic cost of benefit fraud will be a major consideration in whether charges are pursued. Middle-class and “professional” cheats will be targeted as the offence is brought into line with crimes such as money laundering and banking fraud. The CPS will also aim to ensure that those responsible

Click Here To Read More…


What is the punishment for benefit fraud?

The punishment for benefit fraud varies and is dependent on the seriousness of the offence, mitigating circumstances and other factors. Therefore, each case is different. A case could be dealt with in one of three ways. In the case of a first offence, it is sometimes possible to be given a caution if you admit to the offence. However, this only happens if the amount that has been over claimed is small. Naturally, this option appeals to most offenders. However, there are consequences to taking a caution for committing benefit fraud, especially if you re-offend. Therefore, accepting a caution is

Click Here To Read More…