CQS Re-accreditation July 2021 to 2022

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We are delighted to announce that we have been reaccredited from July 2021 – July 2022 by the Law Society’s Conveyancing Quality Scheme (CQS), which is a recognised quality standard for residential conveyancing practices.

This shows our clients and other third parties that we have the expertise to deliver nationally recognised quality residential conveyancing advice; use standardised processes to recognise and reduce risks and that we inform clients about what to expect when using our conveyancing services.

The accreditation also gives greater access to lenders, and demonstrates that we can provide residential conveyancing advice of the level expected by clients, lenders and the wider residential conveyancing community.

The award is testament to the dedication and expertise of our Conveyancing department who have worked through the additional challenges of the Pandemic, as well as managing additional high volume workflows due to Stamp Duty Land Tax reductions over the past year.

Adams Harrison CQS Certificate july 21-22

Haverhill Show July 2021

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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. Adams Harrison At Haverhill Show July 2021 01 Adams Harrison At Haverhill Show July 2021 02 Adams Harrison At Haverhill Show July 2021 03 Adams Harrison At Haverhill Show July 2021 04

Calls For Long Covid To Be Recognised As A Disability

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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

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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

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Lexcel LogoWe 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.

10 Facts About Furlough Leave

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The Government’s Coronavirus Job Retention Scheme (CJRS) has been extended to the end of September 2021. However, from 1st July 2021, employers can only reclaim up to 70% of wages for hours not worked (up to the cap of £2,187.50 a month). Nevertheless, the employer must continue to pay at least 80% of the employee’s wages (up to the cap of £2,500 a month) for any furloughed hours. Therefore, from the start of next month employers will have to contribute 10% (up to the cap of £312.50 a month). It is optional whether an employer chooses to top up an employees’ wages above the 80%, but this cannot be reclaimed.

Did you know …

  1. There is no minimum period of furlough leave.
  2. Employees, directors and workers can be included in the Scheme.
  3. Decisions made by an employer as to who should be furloughed can amount to unlawful discrimination if the selection is based on any “protected characteristic” under the Equality Act 2010 (e.g. age, sex, race, religion, disability).
  4. Any reduction in pay whilst on furlough must be agreed with the employee, otherwise it amounts to a breach of contract.
  5. Holiday entitlement will continue to accrue for an employee during furlough leave.
  6. An employer can force an employee to use holiday entitlement whilst on furlough leave.
  7. Employers can carry out a redundancy consultation with employees whilst they are on furlough leave.
  8. Employees can be made redundant whilst on furlough leave, or at the end of furlough leave.
  9. If an employee receives a payment in lieu of their notice entitlement upon termination of their employment the CJRS cannot be used to help pay this.
  10. For the purpose of calculating an employee’s entitlement to various statutory payments, including redundancy pay, this must be with reference to their normal pay, not the pay received whilst on furlough leave.

For more detailed advice, whether you are an employee, worker or employer please consult with our employment specialist – Jennifer Carpenter, solicitor and managing partner.

 

COVID-19: Lord Chancellor’s Speech On Recovery Plans For Justice System

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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

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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

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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.

Redundancy and Furlough Leave

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The Coronavirus Job Retention Scheme (CJRS) has been extended by the Government until 30th September 2021. However, from 1st July 2021 the level of the grant will be reduced and employers will need to contribute towards the cost of employees on furlough leave. Any employee/worker on furlough leave must receive as a minimum 80% of their pay, up to a maximum of £2,500 per month. In July employers will need to pay 10% and then 20% in August and September.

The CJRS is designed to help prevent staff from losing their job if they are unable to work as a result of the Covid-19 pandemic in circumstances where they would otherwise have been made redundant. There is, however no right to demand furlough leave from an employer, and no obligation upon an employee to agree to furlough leave if proposed by an employer. Guidance has already made it clear that furlough leave ,and therefore the CJRS, can be used for employees shielding, unable to work due to child care or other caring commitments. Presently, the scheme is most likely to be used by those in the hospitality, beauty and retail sectors but as the Government’s Roadmap moves forward this should reduce those unable to work due to pandemic related restrictions.

Does furlough leave have to be at full pay?

No, but for furlough leave to be lawful, and not in breach of contract, the staff member must give express consent, including to a reduction in their pay. An employer can choose to top up the pay to the full amount if they wish, but is only a legal requirement of CJRS that the employee receives a minimum of 80% pay (subject to the cap).

Does furlough leave have to be full time?

Since July last year furlough can be used flexibly so staff can work some of their contracted hours, or be on a rota system whereby they take it in turns with colleagues to be on furlough leave, or be working.
Can redundancies be made whilst staff are on furlough leave?
An employee can be made redundant whilst on furlough.

What is the position with regard to notice?

Full notice must be given and at full pay.

Is the rate of pay for redundancy affected for those on furlough leave?

Statutory redundancy payments for those that are eligible must be calculated by reference to a normal week’s full gross pay, not furlough pay rates.

If you are considering making redundancies then we can give you the legal advice and guidance to enable you to adhere to the statutory requirements and procedures; or to help explore alternatives with you. Please call us on 01799 523441