Legal Updates

green field
5th February 2020

As society changes, the law naturally evolves and this is particularly highlighted in the case law surrounding the Equality Act and its prohibition of discrimination on the grounds of religious or philosophical belief. However, as ...

27th January 2020

The steady rise in life expectancy means it is more important than ever that people appoint someone to take control of their financial and healthcare decisions if they are no longer able to do so themselves through ill health. This is ...

23rd September 2019

A recent case in the Employment Tribunal looked at whether vegetarianism was a belief for purposes of Equality Act 2010. Under the Equality Act (the Act) religion or belief is a protected characteristic and this means that employers ...

House numbers
7th August 2019

Television programmes like Homes Under the Hammer have raised the profile of property auctions. Although auctions still only account for two per cent of all property sales, some experts believe this proportion will rise. In an ...

5th August 2019

When Aretha Franklin died in August 2018 her family initially believed she had not made a will.  Certainly nothing had been prepared by her lawyer. It was not until months later while clearing out her home that three handwritten ...

3rd June 2019

Hot on the heels of changes in relation to stamp duty land tax, from 1 June landlords face another set of new rules under the Tenant Fees Act 2019.  This includes obligations relating to deposits, charges and membership of client ...

2nd May 2019

Below we consider 10 points that should be considered prior to terminating someone’s employment. 1.      Reason. Although it appears obvious to consider at the outset what is the reason for the dismissal, it is ...

Track
29th April 2019

This month has seen judgment handed down in the High Court case of Andrew Guest v David Guest and Josephine Guest, which is the latest in a line of farming proprietary estoppel cases, following Gillet v Holt, Thorner v Major and ...

disability concept - inscription on the desk
4th April 2019

Under the Equality Act an employer must take such steps as are reasonable where a provision, criterion or practice (PCP) puts a disabled person at a substantial disadvantage in comparison with those who are not disabled. This ...

Stags
2nd April 2019

From the hire of company cars to the shipping of goods, the term ‘bailment’ encapsulates one of the most common forms of legal relationship for those operating a business. Patrick Jenkins, commercial dispute resolution expert in our ...

1st April 2019

Quick reference: Rates and Limits A guide to the current rates and limits. Most of the rates set out below are updated yearly. Maternity, paternity and adoption From 7 April 2019 Statutory maternity, paternity and adoption pay £148.68 ...

MacDonald Oates LLP Solicitors
6th March 2019

We take a look at the current protection for workers under the whistleblowing protection The Employment Rights Act prohibits dismissal or detrimental treatment because a worker has raised a protected and qualified disclosure. In order ...

MacDonald Oates LLP Solicitors
20th February 2019

There are many reasons you might need access to your neighbour’s land to repair or maintain your property and it can be difficult to know what to do if your request for access is refused. The general rule is that to go onto someone ...

MacDonald Oates LLP Solicitors
24th January 2019

In this recent case, Lamb v The Garrard Academy UKEAT/0042/18 , it highlights the complex area of disability discrimination and the knowledge of the employer. Employers should seek medical advice for those employees on long term ...

MacDonald Oates LLP Solicitors
17th December 2018

It is the season when some businesses are planning their office Christmas party and a time for employers and employees to relax and enjoy themselves.   However, responsible employers will have to give some consideration to their ...

MacDonald Oates LLP Solicitors
5th December 2018

When an employee is absent through illness, one thing that can be forgotten is the right to holiday. Firstly, a worker accrues holiday even whilst absent through illness. This is especially important to remember if a worker is absent ...

MacDonald Oates LLP Solicitors
15th November 2018

Addison Lee Ltd v Lange and ors is the latest case looking at status, which is whether someone is self-employed, a worker or an employee. Background Addison Lee Limited is a professional private hire firm, using about 4,000 drivers to ...

MacDonald Oates LLP Solicitors
7th November 2018

What is probate and when would I need it? When somebody dies, sometimes it is necessary for you to apply for a grant of representation to be able to deal with the deceased’s assets – this is known as applying for probate. Whether ...

MacDonald Oates LLP Solicitors
1st November 2018

When advising small to medium size businesses, it is common for such businesses not to realise how much employment legislation is based around the appropriate procedure having taken place.  It is not just the reason why you do ...

MacDonald Oates LLP Solicitors
8th October 2018

When making your will you need to appoint at least one executor who will be responsible for the important task of dealing with your estate on your death.  Deciding who to appoint is one of the most important decisions you will ever ...

MacDonald Oates LLP Solicitors
1st October 2018

The recent case of Bermondsey Exchange Freeholders Ltd v Koumetto (unreported) in the Central London County Court  serves as a useful reminder of the potential risks of certain leasehold properties being listed on Airbnb and other ...

MacDonald Oates LLP Solicitors
20th September 2018

Treating someone less favourably because of their disability is prohibited under the Equality Act 2010. Under the Equality Act “discrimination arising from disability” occurs where both: A treats B unfavourably because of ...