Adams Harrison 190th: Debs Toft’s Poem
A lovely poem written by Debra Tofts. Debra is the receptionist / administration assistant based in our Sawston office.
Early Conciliation; If you are considering making a claim against your Employer read this
- If you are thinking of making a claim against your Employer via an Employment Tribunal you must first of all complete an on line notification form to ACAS (Advisory, Conciliation and Arbitration Service).
- Early Conciliation is not obligatory but the completion of a notification form is.
- It does not cost anything to submit the notification form, nor does the form require detailed information.
- It will not be possible to submit a claim to an Employment Tribunal without first obtaining from ACAS a certificate number after the submission of a notification form.
- You can find the online form here.
- ACAS can guide parties through the process but cannot give legal advice.
- We can assist you with conciliation, including an early evaluation of the merits of any purported claim and the likely value if successful.
- Contact us via our contact form, by sending an email to enquiries@adams-harrison.co.uk or by calling your nearest office (numbers at the top of the page).
Family Procedure Rules Amendment April 2024
With effect from 29th April 2024, the Family Procedure Rules have been amended to promote alternative methods of resolving financial and private children disputes, other than through the court.
The background to this piece of legislation is that there is considered scope to extend non-confrontational methods by asking the parties to more formally engage with such processes, rather than defaulting to using the court. The terminology in the Rules refers to “non-court dispute resolution” (NCDR), which in addition to mediation, includes arbitration, evaluation by a neutral third party (such as private Financial Dispute Resolution procedures) and collaborative law.
Until introduction of the new rules, it was possible for either party contemplating litigation through the family courts, to attend a consultation with an accredited mediator, this being the Mediation and Information Meeting (MIAM). In the event that a party did not wish to proceed with the voluntary procedure of full mediation, they could obtain a MIAM certificate and then apply to court for a determination of their case. Under the new rules, the certification criteria will be more stringent. Mediators will be required to inform their clients about the various NCDR options available with supporting documentation, to ensure they are fully informed.
Certain exemptions from the requirement to have an MIAM certificate will remain, allowing parties to proceed directly to court proceedings. These naturally include cases of domestic violence, though the terminology is broadened to ‘domestic abuse’ in line with the Domestic Abuse Act 2021. Furthermore, the court will accept such cases on the basis of the applicant’s ‘significant financial hardship’ as opposed to ‘unreasonable hardship.’
One of the key changes is that previously the court could adjourn court proceedings in order to explore non-court options with a view to settlement, if the parties were in agreement with this method. Instead, the court may now adjourn the proceedings, in order to encourage NCDR simply “where the timetabling allows sufficient time for these steps to be taken.” In other words, the parties need not be in agreement with an adjournment.
As a deterrent to parties failing to engage in NCDR without good reason, the new rules provide that there could be cost consequences, therefore moving away from the usual initial position of ‘no order as to costs.’
During the court process, it is now a requirement that parties must file and serve on eachother a new form, (FM5), within seven working days before the first hearing. The form specifically asks parties to indicate what type of NCDR they have attended and explain why that method of resolution was not suitable in their particular case, verified with a statement of truth.
The revised Family Procedure Rules should represent a significant departure from the former use of MIAM certificates, moving parties’ conversations towards out of court settlements where possible. The emphasis will be on parties making genuine, fully considered, early attempts to fairly resolve matters without resorting to court proceedings. Time will tell whether these measures have any significant impact on court backlogs and aid resolution of issues.
Josephine Duchenne is a solicitor specialising in Family Law.
Tanya See – change of name
The partners at Adams Harrison are delighted to congratulate Tanya See on her recent marriage to Shane Norley.
With effect from 1st May Tanya will become Mrs Tanya Norley.
I had an accident at work, what are my rights?
No matter what precautions are in place, accidents at work can and do happen. Injuries caused by work accidents and employer negligence can range in severity from minor injuries to severe injuries. Importantly if you have suffered a personal injury at work and you believe your employer is to blame, you may be eligible to make an accident at work claim for compensation.
Adams Harrison Solicitors can help you and advise you about claiming compensation for an accident at work. You can contact us by phone, email or video call where we can provide a free assessment of your potential claim and if there are enough grounds to proceed we can discuss acting for you and starting your claim under a No Win No Fee basis.
In this article, we’ll explain what your rights are following an accident at work by answering some common questions we hear from our clients.
I have had an accident at work what should I do?
If you have an accident at work, you should report the accident to your employer as soon as possible, such as logging the event in the accident book.
If you are hurt, you should seek medical attention as soon as you become aware of your injuries.
You should also take photographic evidence of the accident such as photographs of any unsafe conditions that contributed to the accident – for example, if you tripped over loose cables, take a photo of the cables as evidence. It is also a good idea to take photo evidence of any injuries caused by the accident or obtain a statement from any witnesses that saw the accident or aftermath.
Can I lose my job for having an accident at work?
If you were not at fault for the accident, your employer should not dismiss you because of the accident. If your employment is terminated for this reason, you may be able to take legal action against your employer for unfair dismissal. This is where our employment law department can provide advice and representation. Even if your employer is alleging that the accident was entirely your fault you would need legal advice as to whether any dismissal or potential dismissal was fair. You may have other, employment related claims, in addition to a personal injury claim.
Can I still claim if the accident was partly my fault?
You may still be entitled to make a claim even if you were partly to blame however any compensation may be reduced to reflect the extent to which you were responsible for the accident. For example, if a claimant is found to be 50 per cent liable (legally responsible) for their own injuries, the compensation they receive will be reduced by 50 per cent. This deduction is known as Contributory Negligence. You can read about Contributory Negligence here.
Am I entitled to sick pay after an accident at work?
If you need to take time off because of injuries caused by an accident at work, check your employment contract for details about your sick pay entitlement. Usually your contract should outline whether you are entitled to Statutory Sick Pay (SSP), or a higher rate of contractual sick pay.
How long have I got to make a claim?
The law states that you have three years following an accident at work in which to make a claim for compensation. However, there are some limited exceptions to this rule and therefore please get in touch with us to allow us to advise you. We recommend that you contact us as soon as possible. The time period for an employment related claim is likely to be considerably shorter – in most cases just three months so do not delay obtaining our advice.
How much compensation can I claim?
The amount of compensation you are entitled to claim varies due to different factors such as the severity of your injuries, the time you have taken to recovery and how your injuries have impacted your life.
Compensation generally consists of two main categories:
General Damages – this covers the compensation for the pain, suffering and loss of amenity resulting from your injuries. This amount is based on the injury severity, the impact on your daily life and any long term issues. The Judicial College Guidelines sets out compensation ranges for different types of injuries.
Special Damages – These are awarded to cover specific financial losses that you have incurred as a result of your injury. This can include loss of earnings, rehabilitation costs and other out of pocket expenses. It is therefore important that you keep a record of these expenses including proof such as receipts to evidence the loss.
How much does it cost to make an accident at work claim?
Adams Harrison Solicitors can help you and advise you about claiming compensation for an accident at work. You can contact us by phone, email or video call where we can provide a free assessment of your potential claim and if there are enough grounds to proceed we can discuss acting for you and starting your claim under a No Win No Fee basis.
If you would like our assistance with an Accident of Work claim then please contact us via our website form, Telephone 01440 702485 or by email enquiries@adams-harrison.co.uk
Haverhill Rotary Club & District Young Citizens Awards 2024
Our partner Jack Stewart was delighted to attend the Haverhill Rotary Club & District Young Citizens Awards dinner on Monday 18th March.
Participating schools were Castle Manor Academy, Samuel Ward Academy and Linton Village College who nominated students to receive the awards for service to the school and/or the local community and for living up to the Rotary motto ‘Service above self’.
The event took place at Haverhill Golf Club and was sponsored by Adams Harrison.
Congratulations to the worthy winners:
Mandy Lilley
Elliot Bruce
Finley Sisson
Antonio Blair
Holly Eden
Charity cheque presentation to Uttlesford Food Bank
Continuing our tradition of donating to three local charities instead of sending Christmas cards Melanie Pratlett, our Senior Partner, met with Katy Mendes-Day from Uttlesford Food Bank on Thursday 5th January to present her with a cheque for £200.
Katy was able to tell us more about the Food Bank, which has been running since 2014 and started in a church. They have since moved to a warehouse and are already struggling for space. The pandemic and cost of living increase are two major events which have resulted in a 300% increase in demand at the foodbank but many other nationwide impacts and personal experiences may result in a person needing help from the Food Bank. Uttlesford Food Bank works by referral and once registered a person or family in need will receive a delivery of an emergency food and care parcel.
The Resolution Foundation predicts that those in absolute poverty will increase by three hundred thousand over the next 12 months.
We hope that we helped a little but the Food Bank needs help from anyone who can support them with food or money donations, or by volunteering or fund raising they can be found at https://uttlesford.foodbank.org.uk/
Adams Harrison Give Advice to Students at Uttlesford Careers Event.
On 21st November staff from Adams Harrison attended the Uttlesford Careers Event which was held at Saffron Hall.
Students aged 14 – 18 attended the event from Saffron Walden County High School, Helena Romanes School, Joyce Frankland Academy and Harlow and Stansted Airport Colleges.
In the photo are (left to right) Partner and Solicitor Jack Stewart; Trainee Solicitor Briony Dodson; and Solicitor Tanya See. Also in attendance earlier in the day were Practice Manager Louise Taghi and Trainee Solicitor Luke Gardiner.
All staff from Adams Harrison were impressed by the level of interest and engagement demonstrated by the students and they were able to advise on the variety of roles in the legal profession and the different career options and routes to qualification.
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