The risks to Employers of not providing an Employment Contract.

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In the UK, employers must give employees and workers a written statement of their employment particulars. This is commonly known as a Section 1 Statement and, for most key terms, it must be provided no later than the first day of employment or engagement.

What is a written statement of employment particulars?

A Section 1 Statement sets out the main terms of the working relationship. It is not always the same as a full employment contract, but many employers choose to include the required particulars within a contract because it gives both parties a more complete record of their rights and obligations.

  • certain core terms must be provided in one main document, often called the principal statement;
  • some information can be set out in another document that the employee or worker can reasonably access, such as a staff handbook or policy; and
  • a limited number of further particulars may be provided within two months of the start date.

What are the consequences of not having a Contract?

If an employee or worker brings a successful Employment Tribunal claim and can show that they were not given a compliant written statement, the Tribunal may make an additional award of two to four weeks’ pay, subject to the statutory cap.

The financial penalty may appear modest in an individual case, but the wider consequences can be more significant. Unclear terms can lead to disputes about pay, notice, holidays, benefits, working patterns, post-termination restrictions and confidentiality.

Why is a professionally drafted Contract worth having?

A well-drafted contract does more than satisfy the statutory written statement requirement. It helps set expectations from the beginning, reduces the scope for misunderstanding and gives the employer a stronger basis for managing the relationship if issues arise. It also gives the employer an opportunity to protect the business by including appropriate restrictive covenants, such as provisions dealing with confidentiality, client relationships, staff poaching and competition after employment ends.

For employers, the safest approach is to review employment documentation before a new recruit starts and to ensure that contracts, handbooks and workplace policies work together. If your business has grown, changed working arrangements, or not updated its documents for some time, it may be sensible to review them now rather than wait for a dispute.

If you would like help preparing or reviewing employment documentation, we can advise on your business needs and help ensure they are clear, compliant and commercially practical.

Could you challenge a Will if you have been left out?

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The High Court decision in McDaniel v Talbot & Anor [2026] EWHC 928 (Ch), handed down on 17 April 2026, shows that being left out of a Will does not always mean you have no claim.

In the case, Emma McDaniel brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975 after her father died leaving his estate to his widow under a 2014 Will which specifically excluded her. The Will said: “I DECLARE that I have NOT made any provision in my Will for my son Rhys Winstone whom I have never met nor my daughter Emma Winstone who I last saw about twenty years ago. I do not have contact with either of them.”

Although father and daughter had been estranged for many years, they reconnected in 2019 and developed a close relationship before his death. The court took into account Emma’s financial difficulties, her caring responsibilities, and the changed family circumstances.  The court held that the Will failed to make reasonable financial provision for Emma’s maintenance and made an award for her over £123,000 from the estate.  The claimant was held by the Court to have an income that was just at a subsistence level so that justified her financial need but was not (of itself) the triggering threshold for a payment from the Deceased’s estate. There had to be something else, ie special circumstances rather than mere financial vulnerability.

 

You may have a claim if  you are a child of the person who died, or someone they were supporting financially and:

  • You were left out of a Will, or received far less than expected
  • You are struggling financially or have significant caring responsibilities
  • The relationship had changed since the Will was written
  • The Will no longer reflects what was really happening at the time of death

Every case depends on its own facts, but this decision shows that courts do not just look at the wording of a Will. They also consider needs, family circumstances, and whether there is a fair basis for making provision.

If you believe you have been unfairly left out of a Will, it is important to get advice promptly, as strict time limits can apply to inheritance claims. A clear review of your circumstances can help you understand whether you may be able to bring a claim.  We can provide this so please contact us – [email protected]

Employment Tribunal backlog

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The employment tribunal system has been under increasing pressure for some time, with long delays leaving both employers and employees waiting a long time for claims to be resolved. Cases are taking more than double the amount of time to be concluded via the Employment Tribunal than a year ago.  As at December 2025 there were 30,784 open cases.  This is only likely to increase further with the changes brought about by the Employment Rights Act 2025.  The reason for the backlog is that there are more new cases coming through quicker than the employment tribunal system can deal with the cases it already has!

There have been some recent proposals supported by the Employment Lawyers Association.  The suggested reforms include compulsory mediation for all claims and the introduction of a three-track tribunal structure based on the value and complexity of the dispute. The aim is to deal with straightforward claims more efficiently, encourage earlier settlement where possible, and allow more complex matters to be managed with procedures better matched to their scale.

The proposals would divide tribunal claims into three categories: simpler claims under £20,000, mid-range claims managed more tightly with limits on issues, and higher-value or more complex claims handled with a more in-depth procedure and potential costs consequences.

For employers, prolonged tribunal proceedings can mean extended management time, legal cost and uncertainty. For employees, delay can mean prolonged stress and uncertainty at a time when they may already be dealing with the loss of employment or a breakdown in workplace relations.

However, these are currently only proposals. Even so, the debate highlights an important point that employment disputes are becoming more complex, and both businesses and individuals benefit from taking early advice, understanding the strengths of a case, and exploring settlement wherever appropriate.

How can we help?

If you are dealing with an employment dispute, whether as an employer or an employee, obtaining clear legal advice at an early stage can make a real difference. If you would like practical guidance and legal advice to resolve the claim then our team are here to help you take the right steps with confidence.

Transparency in Divorce Financial Proceedings: What You Need to Know

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For many years, financial proceedings following divorce took place almost entirely in private. Disputes over assets, pensions and maintenance were resolved in confidential hearings with limited opportunity for media reporting. That position has changed significantly in recent years.

Since 2024, new transparency reforms across England and Wales have allowed accredited journalists and legal bloggers to attend many financial remedy hearings. While anonymity protections remain strong, the reforms represent a notable shift in how the Family Court operates. Understanding these changes is important for anyone navigating or considering financial proceedings.

 

The New Transparency Rules

The reforms arise from the Transparency Reporting Pilot, introduced in January 2024 and now implemented across all financial remedy courts. The pilot allows accredited journalists and approved legal bloggers to observe hearings and report on what they see, with the aim of increasing public understanding of the family justice system.

Reporting, however, is only permitted under strict conditions. Judges usually issue a Transparency Order specifying what information can be published, ensuring sensitive details are safeguarded.

 

Will My Identity Be Made Public?

No. Anonymity remains central to the process.

Journalists cannot publish any information capable of identifying the parties or their children, including names, addresses, schools, places of work or business interests, or any details that could indirectly reveal identity. Cases are typically reported anonymously, often using initials (e.g., J v J).

One change to be aware of: court cause lists increasingly display the parties’ surnames, meaning the existence of proceedings may be more visible than before, even though case details remain protected.

 

Can Journalists Attend My Hearing?

In many cases, yes. Accredited journalists may attend both in‑person and remote hearings. Although attendance remains relatively rare, it is now a possibility at any listed hearing.

Where hearings involve vulnerable individuals, high‑profile parties or commercially sensitive issues, the court can impose further reporting restrictions to protect confidentiality.

 

Which Hearings Remain Private?

The Financial Dispute Resolution hearing (FDR) remains fully confidential. As a settlement-focused hearing conducted on a “without prejudice” basis, journalists cannot attend and nothing said at the FDR may be reported. Preserving privacy at this stage is viewed as essential to encouraging open negotiation.

 

Why the Changes?

The reforms form part of a wider movement towards greater openness in the family justice system. Critics have long argued that family courts are overly secretive. Increasing transparency aims to build public confidence and enable appropriate scrutiny of judicial decisions. The pilot is scheduled to run until January 2027, when the judiciary will determine whether it should become permanent.

 

A Growing Focus on Private Dispute Resolution

With greater openness in the courts, more couples are exploring alternatives such as mediation, collaborative law, or private FDR hearings. These options are entirely confidential and can offer a quicker, more private route to resolution.

 

How Adams Harrison Can Help?

Our family law team advises clients on all aspects of financial remedy proceedings, including the impact of the transparency reforms. If you would like guidance on divorce, financial arrangements, or dispute‑resolution options, please contact:

Saffron Walden: 01799 523 441
Sawston: 01223 832 939
Haverhill: 01440 702 485

Upcoming Unfair Dismissal Changes: What Employers Need to Know Now

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The Employment Rights Act 2025 (Commencement No. 4 and Transitional and Saving Provisions) Regulations 2026 (SI 2026/559) have been made, bringing into force sections of the ERA 2025 dealing with unfair dismissal changes on 1 January 2027.

Major changes to the law on unfair dismissal are on the way, and employers should start preparing now. From 1 January 2027, employees will gain protection much earlier in their employment and, in some cases, compensation exposure could increase significantly. For businesses, this is the right time to review contracts, policies, probation processes and dismissal procedures.

What is changing?

  • The qualifying period for most ordinary unfair dismissal claims will reduce from two years to six months.
  • The statutory cap on compensatory awards for unfair dismissal will be removed.
  • The right to request written reasons for dismissal will also arise earlier.
  • These reforms are expected to increase risk for employers who rely on informal processes during the early months of employment.

When do the changes take effect?

The key unfair dismissal reforms are due to take effect on 1 January 2027. Importantly, they will apply based on the employee’s effective date of termination. That means businesses should not assume current rules will continue to protect decisions made close to the changeover date. Employers should plan ahead well before the end of 2026.

Why this matters for employers

These changes mean that fair process, proper documentation and timely performance management will matter much earlier in the employment relationship. Employers should be reviewing probation periods, manager training, dismissal procedures and internal policies now to reduce the risk of claims later.

Our employment law team advises businesses on managing workplace risk, updating contracts and policies, and handling dismissals fairly and effectively. If you would like advice on how these upcoming reforms could affect your organisation, we are here to help.

Need support preparing for the 2027 changes? Please get in touch with our employment law team for practical, tailored advice.

Protecting pets under Wills

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Over 51% of UK adults own pets and the question of what will happen to those pets upon death is often not considered.

Like your household belongings, clothing, jewellery etc your pets are considered personal chattels. It is not possible to gift money to a pet under your Will.

To ensure that your pet is taken care of as you wish following your death, provision should be made in your Will.

Your Will should be clear as to which pet you are referring to in order to avoid confusion.

You should consider who you would want to take care of your pet, whether it be a family member or friend who are already familiar with your pet. Consider whether that person would be able to take on the responsibility and be willing to. It would be advisable to speak with them beforehand. Also consider a substitute if the chosen person is not able to take on your pet.

Weigh up the life expectancy of your pet and the age of the person you are going to entrust them to.

The estimated yearly cost of care for a dog is £1,200 to £1,400 and for a cat is it £1,000 to £1,200. A horse is considerably more. Think carefully about how much (if any) you wish to gift to the person who is going to take on your pet. This will depend on the type of pet and their age and health needs. The gift of money should be conditional on your pet being alive at the date of your death and the designated person taking on their duty.

It may help to include a letter of wishes regarding your pets needs and likes and dislikes.

If you do not feel able to choose a person to care for your pet, you may consider leaving it in the hands of your executors to decide. If you do not know anyone who would be suitable to care for your pet, you could consider specifying a particular animal charity to organise re-homing.

Why Sellers Must Keep Property Insurance in Place Until Completion

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When selling a property, it’s easy to assume that once contracts are exchanged, responsibility begins to shift to the buyer. However, one critical obligation remains firmly with the seller: maintaining buildings insurance right up to the day of completion.

Failing to do so can expose both parties to serious financial and legal risks.

The Key Difference: Exchange vs Completion

In a property transaction, two important milestones often get confused:

  • Exchange of contracts – when the agreement becomes legally binding
  • Completion – when ownership officially transfers to the buyer

Between these two points, there is a period—sometimes days, sometimes weeks—where the seller is still the legal owner of the property.

You Still Own the Property

Until completion takes place, you remain the legal proprietor. This means the property is still legally yours, along with all the responsibilities that come with it.

If the property suffers damage during this period—such as fire, flood, or structural issues—you are still accountable.

What Happens If You Cancel Insurance Too Early?

Letting your insurance lapse before completion can lead to serious consequences:

  1. Financial Loss
    If the property is damaged or destroyed before completion and you are uninsured, you could face significant repair or reinstatement costs out of your own pocket.
  2. Breach of Contract
    Most sale contracts require the seller to transfer the property in the condition it was in at exchange (allowing for fair wear and tear). If damage occurs and you cannot rectify it, you may be in breach of contract.
  3. Breach of your Mortgage terms
    Where a mortgage is secured against the property, failure to insure the property whilst you remain a legal proprietor would be a breach of your mortgage terms.

But Doesn’t the Buyer Have Insurance Too?

In many cases, buyers are advised to arrange buildings insurance from exchange. However, this does not remove the seller’s responsibility.  Equally, where buyers insure the property, the assumptions upon which the insurance is offered may not be correct thus invalidating the insurance.

There can be overlap, but the key point is this:  until completion, the risk ultimately remains with the seller as the legal owner, unless explicitly agreed otherwise in the contract.

How We Support Sellers

We regularly advise clients on their responsibilities during the sale process, ensuring that nothing is overlooked in the critical period between exchange and completion. Our aim is to protect your position and help your transaction proceed without unnecessary risk or delay.

Final Thought

Cancelling your insurance early might seem like a small administrative step—but it can have major consequences. Maintaining cover until completion is a simple yet vital safeguard that protects your property, your finances, and your sale.

If you’re unsure about your obligations as a seller or need guidance during your transaction, we’re here to help.

Reporting sexual harassment now amounts to whistleblowing

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From 6th April 2026 – Section 23 of the Employment Rights Act 2025 (ERA 2025) amends the definition of qualifying disclosure in section 43B of the ERA 1996 to include a disclosure that the worker reasonably believes tends to show that sexual harassment “has occurred, is occurring or is likely to occur”. Sexual harassment is defined by reference to section 26(2) of the Equality Act 2010

It is arguable that harassment was already covered within the meaning of a “[failure] to comply with any legal obligation”, or in some cases as a danger to health and safety or a criminal offence, but this puts the matter beyond doubt. The amendment only applies to sexual harassment, and so disclosures relating to other forms of harassment must still fall within one of the other categories of disclosure in order to be covered..)

It is still necessary to demonstrate that the worker reasonably believes that the disclosure is made in the public interest to amount to whistleblowing.

What is whistleblowing?

Whistleblowing occurs where an individual raises concerns about wrongdoing in the workplace in the public interest.  A “protected disclosure” as the legislation names it, typically relates to issues such as criminal offences, breaches of legal obligations, health and safety risks, environmental damage, or attempts to conceal wrongdoing. The key feature is that the disclosure must be made with a reasonable belief that it is in the public interest, rather than purely a personal grievance.  Now disclosures of a sexual harassment nature have been added.

Individuals who make a protected disclosure are afforded protection as long as they are amongst the group of those entitled to protection, including employees, workers, and some contractors. They must not suffer dismissal, victimisation, or any form of detriment because they have spoken up. In cases where whistleblowers are dismissed, they may bring claims for automatic unfair dismissal, and compensation in whistleblowing cases is not subject to the usual statutory cap. These protections are designed to encourage individuals to raise concerns safely and to ensure organisations remain accountable.

The importance of understanding whistleblowing rights, protections and obligations continues to grow for both employees and employers.

 

What this means for employees

If you are considering raising a concern at work, it is important to understand your rights. You may be protected if your disclosure satisfies the legal definition of whistleblowing

Employees often worry about:

  • Whether their disclosure is legally protected
  • How to raise concerns safely and appropriately
  • The risk of victimisation or dismissal

Getting early legal advice can help you make informed decisions, ensure that your concerns are raised in the correct way, and protect your position if issues arise.

 

What this means for employers

For employers, the risks of getting whistleblowing wrong can be significant—both financially and reputationally. Employment tribunal claims for whistleblowing detriment or dismissal are uncapped and can result in substantial awards.

Key steps employers should be taking include:

  • Reviewing and updating whistleblowing policies
  • Training managers on how to handle disclosures
  • Ensuring clear, confidential reporting channels
  • Conducting thorough and impartial investigations
  • Taking steps to prevent retaliation against whistleblowers

 

How our Employment Law Team can help

Our experienced employment law team advises both employees and employers on all aspects of whistleblowing, including:

For employees:

  • Assessing whether your disclosure is protected
  • Supporting you through internal processes and investigations
  • Bringing claims for whistleblowing detriment or unfair dismissal

For employers:

  • Drafting and reviewing whistleblowing policies and procedures
  • Advising on handling disclosures and conducting investigations
  • Defending tribunal claims and managing reputational risk

Get in touch

Whistleblowing issues can be complex and sensitive. Whether you are raising a concern or responding to one, early legal advice is key.

If you would like to discuss how these developments affect you or your organisation, our employment law team is here to help

What is a trust and do I need one?

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A trust is a way of managing your money, investments, land or property. It is a legal arrangement where someone (the Settlor) puts assets into a trust and appoints people called trustees to manage them for the benefit of others (beneficiaries). Once assets are placed into a trust, the trustees control them and must manage them according to the rules set out in the trust deed or, in some cases, a Will.

Some of the most common trusts include:

  • Bare Trust: Assets will belong outright to the beneficiary, but trustees manage them until the beneficiary reaches 18 years of age.
  • Discretionary Trust: A class of beneficiaries are included. Trustees have discretion over who benefits and when, but would be guided by the Settlor’s wishes.
  • Life Interest Trust: Someone benefits during their lifetime and others benefit later. Usually, the former will receive the income and upon their death the capital will go to ultimate beneficiaries.
  • A Disabled Person’s Trust: certain criteria need to be met for this type of trust.

Do I need a trust?

Trusts are often used for one or more of the following reasons:

  • Protecting assets for children or grandchildren, vulnerable or disabled beneficiaries or beneficiaries who may not be financially responsible.
  • Controlling when and how your assets are inherited. It can delay when beneficiaries receive assets, allows trustees to release funds gradually or you can set conditions around how funds are used.
  • Estate and tax planning. Some trusts can be used as part of Inheritance Tax planning, helping to reduce the value of your estate over time or manage how tax is paid. However, trusts have their own tax rules, which can be complex, so specialist advice is essential.
  • Providing for family members while protecting capital. Trusts are often used in Wills to provide income or a home for a surviving spouse or partner which preserves the capital for children. This is common in blended families to preserve the capital for children from previous relationships.

Trusts can be extremely effective but need to be set up carefully to ensure they achieve the intended outcome. Poorly drafted trusts can cause confusion, delay and unexpected tax consequences.

If you are considering setting up a trust or would like to review your existing arrangements, professional advice can help ensure your estate planning works exactly as you intend.

Book your appointment today by contacting one of our offices:

  • Saffron Walden: 01799 523 441
  • Haverhill: 01440 702 485
  • Sawston: 01223 832 939

You can also visit our website and get in touch via our Enquiries Form

 

Understanding Legal Proprietorship vs Beneficial Interest: What Every Property Owner Should Know

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When it comes to property ownership, many people assume that the person named on the title deeds is the sole “owner” in every sense. In reality, two key concepts—legal proprietorship and beneficial interest— often operate side by side, and understanding the distinction between them is essential for anyone dealing with property, whether personally or professionally.

What is Legal Proprietorship?

Legal proprietorship refers to the formal, registered ownership of a property. The legal proprietor is the individual (or individuals) whose name appears on the title register at the Land Registry. This person has the authority to:

  • Sell or transfer the property
  • Mortgage or remortgage it
  • Enter into legal agreements relating to the property

In simple terms, the legal proprietor is the person recognised by law as having control over the property.

However, this control does not always mean they are the only person entitled to benefit from it.

What is Beneficial Interest?

Beneficial interest refers to the right to enjoy the benefits of a property, even if your name is not on the legal title. This can include:

  • Receiving a share of rental income
  • Benefiting from an increase in property value
  • Having a financial stake in the proceeds if the property is sold

A person with beneficial interest may not appear in official ownership records but still has a legitimate claim to the property’s value.

How Do These Differ in Practice?

The distinction becomes particularly important in situations such as:

  • Joint Ownership
  • Trust Arrangements
  • Relationship Breakdowns
  • Estate Planning

Why This Matters

Failing to properly define and document beneficial interests can lead to:

  • Costly legal disputes
  • Delays in property transactions
  • Unintended financial consequences
  • Complications in probate or divorce proceedings

Clarity at the outset helps prevent misunderstandings later.

How We Help

Navigating the relationship between legal proprietorship and beneficial interest requires careful consideration and expert guidance. Our services are designed to:

  • Clearly establish ownership structures
  • Draft and formalise trust arrangements
  • Protect your financial interests
  • Provide clarity and peace of mind for all parties involved

Whether you are purchasing property, restructuring ownership, or resolving a dispute, ensuring that both legal and beneficial interests are properly aligned is crucial.

Final Thoughts

Property ownership is not always as straightforward as it seems. Understanding the difference between legal proprietorship and beneficial interest allows you to make informed decisions, protect your assets, and avoid future complications.

If you are unsure about your current position or planning a new arrangement, seeking professional advice early can make all the difference.