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EAT: Voluntary Overtime, Standby Allowances and call-out Payments should be Included in Holiday Pay Calculations if Sufficiently Regular

Posted by on August 7th 2017 in Private Client

EAT: Voluntary Overtime, Standby Allowances and call-out Payments should be Included in Holiday Pay Calculations if Sufficiently Regular

In the landmark case of Dudley Metropolitan Borough Council v Willetts and others, the Employment Appeal Tribunal (EAT) gave the first binding decision to confirm voluntary overtime should be included in holiday pay.

The case involved 56 council workers employed as tradesmen, who worked their day jobs and also carried out voluntary overtime and other additional duties such as standby shifts and out-of-hours call outs. The regularity of these voluntary duties was decided wholly by the employees, and they were paid additional wages in respect of them, as well as receiving travel and mileage allowances. The workers brought claims in the...

Daughter Wins Inheritance Dispute

Posted by on August 7th 2017 in Private Client

Nahajec v Fowle: A Successful Claim under the Inheritance (Provision for Family and Dependants) Act 1975 

The recent County Court decision of Nahajec v Fowle has seen an estranged daughter awarded £30,000 under the Inheritance (Provision for Family and Dependants) Act 1975 (the Act) after successfully claiming her father’s Will did not make reasonable provision for her.

The facts were as follows:

  • The Claimant was one of three children of the deceased. One sibling had already settled an earlier claim for a sum of £22,000.

  • The Claimant and the deceased had limited contact over the years, though...

UK First: Requesting to the Court of Another Country

Posted by on August 4th 2017 in Blog Posts, Family

UK First: Requesting to the Court of Another Country

Kitsons Family Law Solicitor, Carolyn Croft, has been involved in a UK first - involving the power to submit a request to the court of another country for authorisation to exercise jurisdiction under Article 9 of the 1996 Hague Convetion.

The case included disputes surrounding the living and contact arrangements for two boys (A & B) after their parents' separation. After separating in July 2014 the mother who is originally from Norway, wanted to go back to her home country with both children. The English family court had concluded in 2015 with the mother consenting for one of the children...

Supreme Court Ruling - Employment Tribunal Fees Quashed

Posted by on August 2nd 2017 in Blog Posts, Employment

A Supreme Court decision in the case of R (on the application of Unison) v Lord Chancellor has declared that the Employment Tribunal and Employment Appeal Tribunal Fees Order 2013 (Fees Order), which imposes fees for employment tribunals, to be unlawful and prohibitive as it prevents access to justice. The Fees Order was found to be unlawful under both domestic and EU law. It has been called a landmark ruling and is perhaps one of the most important judgements in employment law in the last 50 years.

As a result of the ruling, from 26th July 2017 tribunal fees cease to...

Reports Consider the Implementation of the NLW and NMW

Posted by on August 1st 2017 in Blog Posts, Employment

The Department for Business, Energy and Industrial Strategy (“BEIS”) has published two reports looking at how successfully the implementation of the new rules surrounding national living wage and national minimum wage has been.

The first report, called National Living Wage and National Minimum Wage, provides information on the subjects of compliance and enforcement. The report highlights that, following the implementation of the National Living Wage, 360,000 workers received less than the National Minimum Wage.

In order to resolve this and encourage efficient enforcement, HMRC resources were increased by £7 million – from £13 million to £20 million – for the year 2016/2017,...

Preventing the Sale of Marital Property on Divorce

Posted by on July 28th 2017 in Blog Posts, Family, Litigation, Property

Preventing the Sale of Marital Property on Divorce

S39(1) Senior Courts Act 1981 (“the Act”) allows the Court to make an order requiring a person to execute a conveyance, contract or document. If that person fails to execute such documents then a person nominated by the Court can sign on behalf of that person if they neglect or refuse to comply with the order or they cannot be found.

In the case of Welch v Welch [2017] Mr Welch obtained an order  which required his wife to sign the Conveyancing documentation in the sale of their property (a property in which Mrs Welch only held a 1% beneficial ownership). Despite the...

Government Plans a Ban on Leasehold New-Build Houses

Posted by on July 27th 2017 in Blog Posts, Commercial Property , Property

 

The Government plans to ban the sale of new-build Leasehold houses under drastic changes amid the concerns regarding the growing trend of extortionate ground rent increases. Leaseholds on new-build houses would be outlawed, while ground rents could be dramatically reduced, under Government plans subject to public consultation.

Presently, purchasers of new-build Leasehold houses have been at risk of unacceptable rises in ground rents to scales simply unaffordable. These Leaseholds have been criticised heavily for being unfair and penalising those who manage to make it onto the property market. With the ground rents increasing, the property may then become impossible to...

State Pension Age Changed Again

Posted by on July 25th 2017 in Blog Posts, Employment

It has been announced by the Secretary of State for Work and Pensions that six million individuals in the UK will be forced to wait a year longer than anticipated to receive their state pension.

The change, which affects men and women born between 6 April 1970 and 5 April 1978, follows recommendations made in the Cridland Report – an independent review of State Pension arrangements after 2028 carried out by John Cridland CBE.

The government anticipate that the changes will save the taxpayer £74 billion by 2045/2046, and while it was initially due to...

Gender Pay Gap Reporting: What Companies Need to Know

Posted by on July 21st 2017 in Blog Posts, Employment

Gender Pay Gap Reporting: What Companies Need to Know

Following the news this week, where the BBC released a list of their highest paid male and female earners, large companies will be considering the reputational impact the release of such information will have on their businesses.

The Gender Pay Gap Regulations 2017, mean employers in the private, public and voluntary sector with 250 or more employees will be required to publish their “gender pay gap” by April 2018. 

Companies will have to publish a number of calculations to both their website and a government website, which include:

  1. average gender pay gap as a mean and median average;
  2. average bonus gender pay gap...

The Law of Wills is Outdated and in Need of an Overhaul

Posted by on July 20th 2017 in Private Client

The Law of Wills is Outdated and in Need of an Overhaul

The Law Commission have recommended an overhaul in the legal system of Wills, stating that the current system is outdated and out of step with the modern world. The independent body are currently consulting on proposals to soften the strict formality rules, introduce a new mental capacity test, lower the age for testators from 18 to 16 and introduce electronic Wills.

Formality rules

It is estimated that 40% of adults are dying each year without a Will; the Law Commission has suggested that the current law may be putting people off making a Will they therefore want to make the process...

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