Haverhill Show July 2021
We were delighted to be at yesterday’s Haverhill Show, where we sponsored the music and contributed to funds raised for local charities and good causes for the town. 
Calls For Long Covid To Be Recognised As A Disability
The Trade Union Congress (TUC) has called for long Covid to be recognised as a disability and for Covid-19 to be classified as an occupational disease, a move that would grant legislative protections and access to compensation for workers.
A TUC report demonstrated that 5% of those questioned revealed that they had lost their jobs as a result of the impacts of long COVID.
Under the Equality Act 2010 it is unlawful discrimination to treat an employee or worker less favourably due to a “protected characteristic”. Disability is a named protected characteristic under the Act. Some conditions and diseases are automatically deemed by legislation to amount to a disability, including cancer, multiple sclerosis and blindness. Other conditions can be regarded as a disability, and therefore afforded the protection of the Equality Act 2010, but only if the definition in section 6 of the Equality Act 2010 is made out. This poses four essential questions:-
- Does the person have a physical or mental impairment?
- Does that impairment have an adverse effect on their ability to carry out normal day to day activities?
- Is that effect substantial?
- Is that effect long-term?
It is necessary to carefully analyse each question and support it with medical evidence. It is entirely possible that a person with long Covid could satisfy the above requirements. But it would give individuals with the condition much greater protection if it was one of the conditions deemed to be a disability, like cancer. The hoops in section 6 would then not have to be gone through.
There are various ways in which an employer can unlawfully discriminate as a result of a person’s disability. This protects workers, employees and job applicants:-
Direct disability discrimination: being treating less favourably than others because of a disability.
Discrimination arising from a disability: treating someone unfavourably because of something arising in consequence of disability without objective justification.
Indirect disability discrimination: Applying a provision, criterion or practice that disadvantages someone with a disability without objective justification.
Reasonable adjustments: Failing to comply with the duty to make reasonable adjustments where a person with a disability is placed at a substantial disadvantage.
Harassment: subjecting someone to harassment related to disability.
Victimisation: Victimising someone because they have made or intend to make a disability discrimination complaint, or because they have done or intend to do other things in connection with the Equality Act 2010.
For detailed advice on all types of discrimination and related claims please contact our employment specialist, Jennifer Carpenter, solicitor and partner.
Customer Service Excellence Accreditation
We are delighted to announce that after a rigorous initial assessment, we have been recommended to be awarded Customer Service Excellence (CSE) accreditation.
CSE is a nationally recognised quality award that seeks to reward organisations that have a truly customer-focused commitment to all they do while providing a positive steer for customer centred change. Certification to the CSE standard is based on meeting 5 key standards that are sub divided into 57 elements.
The 5 standards cover Customer Insight; Organisational culture; Information and access; Delivery, timeliness and quality of service. Our assessment included a comprehensive review of documents to demonstrate compliance against each element of the standard and interviews with clients and staff, to establish whether or not we met the requirements of CSE.
Our assessor commented that Adams Harrison
“is clearly an organisation that understands the critical importance and the role that customer service plays……” and that “the practice has a deeply embedded culture of wanting to provide excellent levels of service/client care”
It was also noted that we have carried out work leading to ongoing improvements to client care, which are being owned by staff because of their involvement in developing them.
The assessor further commented that at Adams Harrison,
“clients are at the heart of everything they do”
The result reflects the commitment, loyalty and hard work of all of our staff in very challenging times throughout the pandemic. It is their dedication and determination that has enabled us to remain competitive and continue to offer a high level of service to our expanding client base.
We look forward to meeting and indeed exceeding the expectations of our clients and contacts, through continuing to offer a high quality service in the communities we serve.
Lexcel Annual Review 2021
We are delighted to announce that Adams Harrison has just undergone a vigorous annual assessment and has been reaccredited against the Lexcel standard. Lexcel is a Law Society Quality mark for law firms demonstrating legal excellence. There were absolutely no non-compliances against the standard at all. This is our 22nd year of being certified against the standard. The firm is assessed in areas of: Structure and Strategy, Financial Management, Information Management, People Management, Risk Management, Client Care and File and Case Management. Our assessor commented:
“Despite the current ongoing difficulties and challenges in light of the pandemic the Practice should continue to be extremely highly commended for continuing to sustain an extremely high level of compliance against the Lexcel standard. It is crystal clear that compliance remains a deeply embedded part of the culture and in Lexcel terms the Practice remains extremely well run and extremely well managed.”
It was noted, as a result of the assessor’s interviews with fee earners and the files audited, that our practice has very high standards of file management. He stated that there was evidence that we place very significant emphasis on client care, demonstrated also by the low level of complaints. The assessor was extremely complimentary of our staff and stated:
“The calibre of the support staff remains amongst the very, very best the writer has experienced”. Our firm was commended for the ongoing development and training of our staff.”
The result reflects the commitment, loyalty and hard work of all of our staff in very challenging times throughout the pandemic. It is their dedication and determination that has enabled us to remain competitive and continue to offer a high level of service to our expanding client base. We look forward to meeting and indeed exceeding the expectations of our clients and contacts, through continuing to offer a high quality service in the communities we serve.
COVID-19: Lord Chancellor’s Speech On Recovery Plans For Justice System
On 4 June 2021, the Lord Chancellor, Robert Buckland QC MP, spoke at the Law Society, where he reflected on the justice system’s response to the pandemic and outlined the Ministry of Justice’s post-pandemic recovery plans for the justice system.
In his speech he spoke, in particular about:-
- The pandemic “cementing” the need for remote hearings to be made available. Going forward, the MoJ wants the effective use of audio and video technology to remain an “integral part” of the justice system.
- The use of remote hearings can increase court capacity, make the process “less intimidating” for vulnerable people, reduce the time spent travelling to a hearing and improve transparency in the justice system.
- Judges should have the choice and flexibility in how they use audio and video technology, where appropriate. Changes will need to be carefully considered and discussed with the Lord Chief Justice and Rule Committees.
- The nature of dispute resolution should be redefined, and courts should be used as a last resort.
- A “fresh look” needs to be taken at how justice works, by looking at how the court experience can be improved for all users and building on what has been learned over the last 15 months, as to how new technology and “radical new methods” could improve the justice system of tomorrow.
Haverhill Show 2021
We are delighted to be a sponsor of this year’s Haverhill Show, being held on Sunday 4th July, at the Recreation Ground.
The show is Haverhill’s biggest community event and we are pleased to be able to contribute towards it raising money for local charities and good causes, who do important and valued work in the town.
We will be present at the show, making people and businesses in the local community aware of our services. Come and visit us at our gazebo on the day. We will be pleased to see you and talk with you.
Divorce And Making Your Will
What happens to your Will if you get divorced or end your civil partnership?
When you divorce or end your civil partnership your former spouse/civil partner is treated as having died before you. Your former spouse/civil partner will not inherit anything from your estate unless your Will specifically stated that divorce or dissolution of a civil partnership would not affect the gift that was detailed in the Will.
In addition, if you had named your former spouse or civil partner as an executor in your Will (ie the person who collects in all your assets, pays off your debts and distributes your estate) they will not be able to act as your executor once you are divorced or after you have ended your civil partnership. If you had appointed your ex as your sole Executor, without any provision for a replacement, this would have to be rectified upon your death, which could cause delays and unnecessary costs.
Making a new Will
Unless there is good reason to the contrary the best time to make a new will is after decree absolute and after all outstanding financial issues have been settled. That is so that any future claim of an ex spouse can be properly quantified
It is especially important to make a will to ensure that your children are properly provided for.
Divorce also affects guardian appointments in a will. If the couple getting divorced have children together, and not from previous marriages, then the remaining parent shall continue to have responsibility for those children as that parent also has parental responsibility for those children. If there were children from a previous partner, and the wife, for example, had appointed the now former spouse as guardian in her will, this appointment would fail. The former spouse was not the biological parent of the child and therefore does not have parental responsibility for the child. He (or she) cannot be automatically empowered to continue to parent the child; he has to be chosen by the mother in her will. When this couple divorce, this appointment fails. If no other person is appointed, it shall be for Social Services to assess who is the appropriate adult to parent the child.
Next steps
For further information about making a Will, please contact a member of our Private Client department for expert and professional advice.
Hayley Ford – Partner/Solicitor – Private Client Department.
Thank You From The Laughter Specialists
We are delighted to have supported The Laughter Specialists, a Saffron Walden based charity that connects and interacts, through fun and laughter, with vulnerable children and young people in need:
“We are extremely grateful for your kind donation, and will be putting it towards spreading as much light, joy and laughter to the vulnerable children and their families, especially at the moment when Covid has made life all the more difficult for a lot of these families.
We really appreciate your support, thank you so much.”
Our generous donation was made by our Partners, following a nomination from our staff. It represents one of several made to local charities who provide services in the Saffron Walden, Haverhill and Sawston areas. Donations were made in lieu of sending company Christmas cards.
Support For The Friends of Bellbird School, Sawston
Friends Of Bellbird School Logo
We are delighted to have received a letter from The Friends of Bellbird School, Sawston ,thanking us for “our kind and generous donation” towards their Christmas Raffle. The school raised over £1,100 for its 377 appreciative children, staff and parents. This represents one of several annual donations that the Partners of Adams Harrison kindly give, in support of charities and other organisations in the Saffron Walden, Haverhill and Sawston communities.
When Making A Will; Letter Of Wishes
When making a Will, it is also possible to add a separate letter of wishes which can expand on certain clauses within your Will.
Letters of wishes act as a guide to your executors on your wishes but are not legally binding.
A clause within your Will dealing with your funeral directions often simply states whether you wish to be buried or cremated and where. In a separate letter of wishes you can go into further detail about the type of service you would want, the music to be played and instructions on your headstone. This letter can then be amended as often as you wish without the need for your Will to be amended which would incur costs.
It is sometimes necessary to set up trusts within your Will for beneficiaries who, for whatever reason, are not to benefit absolutely from you. In a letter of wishes you can give instructions to your Executors (who become the trustees of your trust) on how you would like your trust to be administered. For instance, you could ask for an annual income to be paid to a beneficiary. You can also advise on when lump sums could be released such as for the purchase of a house, wedding etc. Trust clauses in Wills specify that the trust is administering by the Trustees and do not go into more detail, by preparing a letter of wishes you can expand on your instructions.
It is sometimes the case that you do not wish to include certain people in your Will. If this is challenged in the future the courts may require more information on your reasons. You can prepare a detailed statement giving your reasons which could then be used as evidence in court.
Where you are appointing guardians in your Will for children under 18, you may wish to set out your wishes to those guardians. You could give instructions on how you would wish your children to be raised and educated.
Rather than including lists of personal items in your Will and to whom they are to pass, these can instead be included in a letter of wishes. Again, this letter can be changed as often as you like without the need for your Will to be amended. As personal possessions increase and change over time, the letter can be easily changed to reflect this.
The use of these documents prevents your Will being overly complicated and lengthy. The Will itself relates to facts and the law behind it.
Social
