Category Archives: Legal Briefs

Data Protection – Don’t get caught out!

As from the 25 May 2018 the existing law on Data Protection will be repealed and replaced by a new Act to work alongside the General Data Protection Regulations (GDPR).  New sweeping powers to punish breaches in respect of Data Protection you hold on employees, customers, suppliers and clients will be introduced.  Failure to report […]

Also posted in Commercial Litigation | Comments closed

New Stamp Duty Charges for First Time Buyers

Prior to the Budget first-time buyers paid Stamp Duty on purchases above £125,000.  In today’s Budget the Chancellor announced that Stamp Duty has been abolished immediately for first-time buyers buying a home of up to £300,000. The change means that for properties costing up to £500,000, no Stamp Duty will be paid on the first […]

Also posted in Residential Property | Comments closed

Leave for Grieving Parents

A long overdue Bill is to be presented to Parliament entitling parents who lose a child under the age of 18 to at least 2 weeks parental bereavement leave to be taken before the end of the period of 56 days beginning with the date of the child’s death.  Any employee, regardless of length of […]

Also posted in Employment | Comments closed

Divorce and Business Assets

How a couple’s assets are to be divided is often the most difficult issue to resolve when a couple is going through a divorce. Businesses (which include limited companies, partnerships and sole traders) form part of the assets to be shared on divorce and will be a central consideration in the negotiations and any financial […]

Also posted in Family | Comments closed

Employment Law Update – Support for Parents with Premature or Sick Babies

Acas has recently published a very helpful advice and guidance note in relation to workplace support for parents with premature or sick babies.  This can be accessed at www.acas.org.uk. Employers in such situations often find it difficult to know how best to deal with parents in a sensitive way.  The ACAS advice encourages them: To […]

Also posted in Employment | Comments closed

Should the house wife go back to work following a separation?

In circumstances where a husband and wife have made a decision at the start of a relationship for one of them (usually the wife) to stay at home and look after the children whilst the other (usually the husband) works, what should happen on separation? Should the husband continue to support the wife financially by […]

Also posted in Family | Comments closed

More on Tribunal Employment Fees

Further to my previous piece regarding Tribunal Fees, the President of the Employment Tribunals has issued an Order staying all tribunal claims brought in reliance on the Supreme Court’s recent decision pending decisions of the Ministry of Justice and the Tribunal Service as to the implications of the decision. The effect appears to be that […]

Also posted in Employment | Comments closed

Finalise your finances as well as your divorce

There is a common misconception that a divorce will finalise all financial matters arising from the marriage. Whilst a divorce does bring an end to a marriage itself it does not also bring an end to the financial obligations spouses have to each other. Anyone seeking a divorce should also ask the Court to approve […]

Also posted in Family | Comments closed

Employment Tribunal Fees

The big news in Employment Law is the Supreme Court’s declaration that Employment Tribunal and Employment Appeal Tribunal fees are unlawful both in Domestic and EU Law.  Tribunal fees have been payable by Claimants since 29 July 2013.  The effect of the decision is that all fees paid since that date must be reimbursed by the […]

Also posted in Employment | Comments closed

Should I set up a Trust?

Increasingly our clients consult us about gifting assets to their offspring and family during their lifetime, rather than on death by Will. There are a number of advantages to giving this course of action consideration.  Many would prefer to see their beneficiaries receive the gift during their lifetime or perhaps the beneficiary has an urgent […]

Also posted in Probate & Estate Adminstration | Comments closed

Where there’s a Will there’s a way!

A Will is a written document created during your lifetime which determines how any property you own or money that you have at the date of your death will be shared out.  In the event that you do not have a Will the law stipulates who will receive your assets after your death and this […]

Also posted in Private Client | Comments closed

Employment Law Titbits

Our Employment Law Partner Geoff Lamb brings a couple of recent decisions which may be of interest. The first concerns a Company making an employee redundant after a period of disability related sickness and whether that amounts to disability discrimination. No said the Employment Appeal Tribunal on the facts of the particular case.  It had […]

Also posted in Employment | Comments closed

What is a Lasting Power of Attorney – why might I need one?

Do you know someone who has dementia, Alzheimer’s or has had a stroke? They may have some other illness or problem that means they need help with their day to day life.  Have you ever seen a family struggle to handle someone else’s affairs and come up against confidentiality and data protection, and be able […]

Also posted in Private Client | Comments closed

Do adjustments have to be made for a job candidate with Asperger’s Syndrome?

In a case recently before the Employment Appeal Tribunal a job applicant was found to have been discriminated against by being required to sit a psycho metric test.  The applicant, Ms Brookes, applied for a job with the Government Legal Services (GLS).  Along with all other candidates she had to undertake a multiple choice Situation […]

Also posted in Employment | Comments closed

HR Audit for Businesses

At North Ainley we offer to clients an HR Audit Package to include a review of existing Contracts of Employments and Policies to ensure you are complying with current legislation and your documentation is fit for purpose.  Key areas are:- Terms and conditions of Employment Contracts Ensuring confidentiality Protecting businesses when key employees leave Working […]

Also posted in Employment | Comments closed

Mental Illness

The statutory definition of “disability” must be satisfied for an employee suffering from a mental illness to be able to bring a discrimination claim. It reads “A Person (P) has a disability if P has a physical or mental impairment, and the impairment has a substantial and long-term adverse effect on his ability to carry […]

Also posted in Employment | Comments closed

Sleeping at Work

A question of vital importance to employers who engage workers for night work is whether ‘sleep in time’ counts as work time, for which the worker is entitled to receive the national minimum wage, not least because, if employers get it wrong, they could face criminal sanctions. Three cases on the point were recently heard […]

Also posted in Employment | Comments closed

Higher Stamp Duty and Residential Properties

As you may be aware, anyone buying a second residential property in England, Wales and Northern Ireland will probably have to pay an enhanced stamp duty rate of 3% above the usual rates. People may think this only applies if you already own a residential property and then either purchase a buy to let property […]

Also posted in Residential Property | Comments closed

Employment termination payments

The calling of a snap General Election on the 8 June 2017 has raised the question as to whether any pending employment related legislation will complete its parliamentary progress in time. The Government has in fact announced that it will push through, before Parliament is dissolved on the 3 May that part of the Finance […]

Also posted in Employment | Comments closed

Potential new tax break for home owners

A new tax relief will be available from 6 April this year, for property owners who leave their property to their spouse or their children and grandchildren. At present, each of us is able to leave £325,000 to anyone we choose, without creating any inheritance tax liability. If your personal estate is worth more than […]

Also posted in Residential Property | Comments closed
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  • I have to say that Sheridan Wall was brilliant to me when selling my house. I could not have got through it without her help. Thank you.
    Mrs T M Hurst - Oldham
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