Thank You From The Laughter Specialists

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The Laughter Specialists LogoWe 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.

Uber Drivers Are Workers

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In a very recent February 2021 Supreme Court decision (Uber and others v Aslam and others [2021] UKSC 5), the employment tribunal decision that Uber drivers are workers within the meaning of UK employment legislation has been upheld. The decision reached was predominantly based on the degree of subordination and control to which the drivers were subjected by Uber making them workers, not self employed individuals. The court has also determined that the drivers’ working time included when they were logged in to the Uber app within the area in which they are licensed to operate and ready and willing to accept trips.

There has been an increase in the number of cases where it is necessary to determine whether an individual is either self employed or a worker. Many of these cases have involved couriers and drivers. Proving worker status is important to assert various rights that a worker would have, for example entitlement to receive national minimum wage and entitlement to paid annual leave. “Worker” is defined under section 230(3) of the Employment Rights Act 1996. However, Tribunals will not just look at how an individual has been labelled by the parties but the reality of the situation in practice.

This case is the fourth time the courts have reached the same conclusion regarding worker status. The significance of this case is that there is no further right of appeal from the Supreme Court and Uber must now deal with a situation whereby its drivers are workers. The financial impact for the company is likely to be significant. It may even change the way in which Uber can operate.

Now that worker status has been established this case will return to the employment tribunal, to determine the compensation due to the drivers in respect of their claims for holiday pay and unlawful deductions from their wages.

What can be learnt from this case? The courts will look to protect workers in spite of the contractual documentation they sign. If employers use complicated arrangements in an attempt to disguise the true nature of the working relationship it is likely to fail.

We can help by providing advice on the status of working arrangements for employers, employees, workers and contractors. All employers should be aware of any risk they may carry of having worker status claims brought by those that undertake work for them purporting to be on a self employed basis.

Contact our employment specialist Jennifer Carpenter, Solicitor and Managing Partner, for more detailed and specific advice.

Support For The Friends of Bellbird School, Sawston

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Friends Of Bellbird School

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

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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.

Brexit and the Implications for Employment Law in the UK

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The UK left the EU on the 31st January 2020 following ratification by the UK and the EU of the Withdrawal Agreement. A transition period then applied until 31st December 2020. During this time for most purposes the UK was treated as if it were still a member of the EU. Therefore, most EU law continued to apply to the UK. It is the European Union (Withdrawal) Act 2018 that ended the supremacy of EU Law in the UK and prepared the legal framework for the UK to withdraw from the EU. The Act meant a conversion of EU law into UK law as it stood at the moment of exit. Meaning that any UK Laws derived from the EU remained applicable. Therefore, this means that any employment legislation derived from the EU remains applicable in the UK, but just on a different constitutional basis.

There is now an end to the principle of the supremacy of EU law to the effect that it no longer applies to any UK enactment or rule of law passed or made on or after 31st December 2020. The supremacy of EU law continues to apply in the UK where there is an inconsistency between an EU directive and UK domestic legislation and the directive was implemented before the end of the transition period, any inconsistency in the law should be resolved in favour of the EU directive.

Regulations have been enacted that have determined that the Court of Appeal in England and Wales are not bound by retained EU case law. This does, however, raise concerns with regard to creating uncertainty in relation to employment law matters. How to interpret retained EU law since the end of the end of the transition period on 31st December 2020 is tricky to determine.

Decisions will now rest with the UK Government as to whether it should retain, amend or repeal the UK employment law that has been derived from the EU. The most likely areas of law to be subject to change are:-

  • The Working Time Directive 1998. The UK has the Working Time Regulations 1998 that govern working time and holidays. There may be an overhaul of the way holiday pay works as this is currently a complicated area due to the effects of several previous European Court of Justice decisions.
  • Agency Worker Rights – This is an area that could see an overhaul as the Agency Worker Regulations 2010 are quite complex and unpopular.
  • The Transfer of Undertakings Protection of Employees Regulations (TUPE) provide the rules for business transfers. These can be difficult to apply in practice.
  • The Equality Act 2010 – this deals with discrimination legislation in relation to workers’ protections. The Government has already indicated that it does not want to reduce the protections as set out in this legislation. However, there may be some changes to discrimination based claims.

As it is early days since Brexit only time will tell as to how exactly this will impact on the future of employment law in the UK. Watch this space …

For all employment law related advice and representation please contact Jennifer Carpenter solicitor and partner.

Joshua Tarrant Trust; Thank You

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Joshua Tarrant Trust Logo

We are pleased to receive this message of thanks from Denise, Co – Founder , of Joshua Tarrant Trust.

Each year our Partners generously donate to 3 local charities, nominated by our staff.

“It was a pleasure to speak to you on the phone a few weeks ago. We are delighted to inform you we have safely received the cheque, generously donated by the Partners in lieu of not sending corporate Christmas cards in 2020. Thank you all so much, we are so pleased to be nominated by your staff and look forward to future engagements with you”.

The Impact Of School Closures On Working Parents

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Lockdown III has resulted in the further closure of schools in the country with effect from 5th January 2021. Schools remain open for children of parents/carers with a job or career deemed to be “critical” in the Government’s guidance; or for some children that are vulnerable; or, most recently added is the category for those students unable to learn from home due to a lack of IT resource. The impact of school closures is huge on working families, in particular working mothers.

What can you do if you cannot work because your child(ren) are not at school?

1. There is no right to request, or to receive, furlough leave. However, the Government has confirmed that the Coronavirus Job Retention Scheme (CJRS), that contributes to the pay for furloughed employees/workers, can be used for caring responsibilities. It is the employer’s decision though. If it is offered by the employer it can only be implemented with the employee/worker’s consent. The employer is not obliged to make up the pay to a full 100% and therefore it means a reduction in pay to 80%. The CJRS has now been extended until the end of April and can be used flexibly so the employee/worker does not have to be on furlough leave for all of their contracted hours.

2. There is a statutory right to Parental Leave – up to 18 weeks leave per child can be taken by some working parents before the child is 18 years old. However, this is unpaid leave.

3. Annual leave can be used but most employers have a limit on the amount of annual leave that can be taken consecutively and it is always subject to the employer’s approval.

4. A change in shift pattern or working arrangement – an employer cannot force you to work on a different day or time. However, if you have caring responsibilities for a child (and you have worked for at least 26 weeks for your employer) you can make a flexible working request to change your contractual hours of work. An employer can only refuse this request for prescribed reasons as set out in section 80G(1)(b) of the Employment Rights Act 1996:

• The burden of additional costs
• Detrimental effect of ability to meet customer demand
• Inability to reorganize work among existing staff
• Inability to recruit additional staff
• Detrimental impact on quality
• Detrimental impact on performance
• Insufficiency of work during the periods the employee proposes to work
• Planned structural changes

5. Termination of Employment – you can resign from your employment. Your employer can only dismiss you if it is for one of five permitted fair reasons as set out under the Employment Rights Act 1996 – incapability, misconduct, redundancy, illegality of some other substantial reason.

Questions have been raised in parliament this month suggesting that there should be a legal and enforceable right for parents to request paid, flexible furlough. This comes after a survey of 50,0000 women in the UK suggested that 71% of working mothers who asked to be furloughed for childcare reasons following the closure of schools this month had their requests refused. However, this change has not been implemented.

The above is a very brief summary of the employment law position arising as a result of school closures. Please seek our specific advice so that it is applicable to your own individual circumstances. Remote appointments by various means are available with our employment law specialist Jennifer Carpenter, solicitor and managing partner.

Please telephone the office on 01799 523441 or e-mail [email protected].

Hayley Ford; New Partner

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Hayley Ford Solicitor Wills Trusts and Probate 400

The partners of Adams Harrison are delighted to announce that Hayley Ford has joined the partnership. Since 1st January Hayley has become a partner in the business.

Hayley has been a solicitor in the private client department at Adams Harrison for over seven years. She obtained a Master’s degree from the University of Cambridge before completing her Graduate Diploma in Law at BPP Law School and the Legal Practice Course at the College of Law, London.

Hayley specialises in preparing Wills and Lasting Powers of Attorney, registering Enduring Powers of Attorney, Court of Protection work and administering estates. Hayley is based in our Saffron Walden office but is available to advise clients at our other offices.

Hayley is a qualified Trust and Estate Practitioner (TEP), holding a diploma in Trusts and Estates and a diploma in Advising Vulnerable Clients (which she passed with a distinction) from the Society of Trust and Estate Practitioners (STEP). TEPs are internationally recognised as experts in their field, with proven qualifications and experience.

The effect of COVID-19 on personal injury claims

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The COVID-19 crisis is of course creating significant challenges that are testing Claimants, potential Claimants and all those involved in the personal injury industry. For this reason many of those who have active personal injury claims and even those wondering if they might have a claim are asking what impact the pandemic will have on them.

Whilst it is impossible to say there will be no impact on the claims process, we have seen Claimants, Defendants and the Courts cooperate and work together to ensure that any delay is minimised or in most scenarios, avoided entirely.

At Adams Harrison we remain open for business and continue to manage existing claims or deal with new claims as normal. We offer client consultations by telephone or other remote means whether that be via Zoom, Face time or other platforms. If you wish to have a face to face appointment please telephone the office to ascertain if this can be arranged for you. In such circumstances you should acquaint yourself with our Covid-19 Policy so you know what to expect on your visit and so we can do our upmost to keep you safe during your visit https://www.adams-harrison.co.uk/covid-19-policy/

We have also prepared questionnaires for you to complete prior to any appointment to help deal with your claim remotely.

Making that initial step to call or email a solicitor about an accident claim is always a big decision. At Adams Harrison we offer you the opportunity to speak to a lawyer from the first call. That means you won’t need to speak to any call centres about your potential case and instead you can speak to a lawyer who will be able to answer your questions and put your mind at rest – whatever the advice might be.

If you would like to make a personal injury claim then please contact us – we are here to help you.
Anton Bilinski
Legal Executive
Litigation Department

CQS Scheme Successful Review 2020

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New Image cqs logo

We are pleased to announce that we have recently been successfully reassessed against the Conveyancing Quality Scheme (CQS).

The award recognises the expertise and professionalism of our Conveyancing Department and allows potential residential buyers and sellers to benchmark us against others. We are recognised to be working to national standards, linked to residential conveyancing practice, using processes and systems to recognise and reduce risk. Clients and others in the buying or selling chain can thus have the confidence and assurity of the high standards of our work.

Please contact us to discuss your residential conveyancing needs.