Covid -19 Policy

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Adams Harrison Covid-19 Policy

29th Sept 2020

Keeping you safe, keeping us safe:

  • Please only attend at our offices by prior arrangement.
  • Our offices remain closed to the public except by prior appointment. We continue to provide telephone or video conferencing appointments.
  • Please come to your appointment alone unless you are instructing Adams Harrison with others. You should only attend in any event with others from one other household than your own, in line with the current Government Guidance.
  • All visitors must wear a face covering when entering our offices. If you consider you are exempt from wearing a mask then a face to face appointment will not be possible. Your consultation with us will need to take place remotely. Therefore, please advise at the time of making your appointment if you are unable to wear a mask so an appointment by remote means is arranged.
  • All visitors to our offices will have their name and contact details recorded. This is in line with Government regulation and linked to “Track and Trace” requirements. The information will be retained for a minimum of 21 days.
  • To maintain a Covid 19 free environment for all visitors and staff, if any of our colleagues complain of feeling unwell and/or exhibit Covid 19 symptoms, they will be asked to undergo a simple, contactless temperature test. The outcome of this will determine whether they remain at work or are directed to return home to self isolate.
  • We have Perspex screens in our interview rooms. These help keep you and us safe.
  • Please try to arrive on time. Try to avoid arriving early or late for the purpose of social distancing.
  • Please wash your hands thoroughly before leaving home and come straight to our office.
  • If travelling via public transport to our office please adhere to the Government requirement to wear a face covering.
  • Hand sanitiser will be available and all visitors will be requested to sanitise their hands when entering and leaving the office.
  • Initially, we will be working without our reception team and will not be opening our waiting rooms. Therefore, upon arrival please telephone the office or ring the bell so that you can be given access to our office by the person you are meeting.
  • In the Saffron Walden office please attend at the rear door to gain entry. In Sawston and Haverhill please use the front door on the High Street.
  • Please avoid touching surfaces in our office unnecessarily.
  • Toilet facilities will not be made available during your visit.
  • We will keep at least 1.5 metres social distance from you during the consultation.
  • After each appointment the desk, chairs and door handles of the meeting room used will be cleaned using anti bacterial surface wipes.
  • We will be scheduling less appointments per day than normal to comply with social distancing regulations and to allow for cleaning between appointments.
  • You will be invited to leave our office as soon as possible after your appointment to aid in social distancing.
  • If you need to make payment we would prefer this to be carried out on line or by telephone. We will not, however be accepting cash payments.

Be alert for COVID-19 symptoms and please do NOT attend but instead reschedule your appointment if: you are experiencing any signs & symptoms of COVID-19 (cough, sore throat, tiredness, fever, loss or change in sense of smell and/or taste), or exposure to anyone with suspected or diagnosed COVID-19 in the last 14 days.
If you are currently shielding or self-isolating and would like any help or legal advice please call us as we can assist you with telephone advice.
Be safe and keep well.

If you are currently shielding or self-isolating and would like any help or legal advice please call us as we can assist you with telephone advice. Be safe and keep well. For any enquiries please call: 01799 523441 or 01440 702485 or 01223 492160 or e-mail: [email protected]

Be safe and keep well.

What Is A Deed Of Variation?

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You may be surprised to learn that it is possible to alter someone’s Will after their death, providing that any beneficiaries left worse off by the changes agree. The changes can be made by what is known as a deed of variation.

If someone dies intestate (without a Will) then the intestacy rules govern who inherits. A deed of variation can also be used to change the inheritance in the same way as if there was a Will.

There are various reasons why it may be a sensible idea to change a Will or redirect inheritance under the intestacy rules. These include:-

  • to reduce the amount of Inheritance tax (IHT) or Capital Gains Tax (CGT) payable
  • to provide for someone who was left out of the Will
  • to move the deceased’s assets into a Trust
  • to clear up any uncertainty over the Will

Deeds of variation are a useful inheritance tax (IHT) planning tool because any inheritance from an estate that is redirected to others will be treated as if the deceased made the gift. This means that the person allowing the redirection does not have to survive the gift by seven years in order for it to fall outside of their own estate and therefore not be subject to IHT. A common example would be a child who is to inherit from their parent’s estate. If the child is already financially sound then they may not require the inheritance which would only increase the size of their estate, giving rise to further IHT charges on their own death. In this situation, the child may wish to redirect the inheritance to their own children who could benefit from the money.

It is important to know that a deed of variation must be made within two years of the date of death. Furthermore, once a deed of variation is signed it cannot be revoked so it is paramount that careful consideration is taken before entering into a deed of variation.

For more information, please contact our Wills and Probate department for expert and professional advice.

Update To Haverhill Office Reception

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We have updated our reception area at our Haverhill office to improve our client’s experience when visiting us. Our new layout enables us to keep clients and staff safe in a Covid 19 secure environment. We remain ready to meet and greet clients who have a pre arranged appointment with their lawyer.

Adams Harrison Haverhill Reception 01 Adams Harrison Haverhill Reception 02

What Happens When The Furlough Scheme Ends?

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The Five Rs

The Coronavirus Job Retention Scheme (CJRS) was introduced in March by the Government to enable organisations to keep staff on payroll and not make them redundant but send them home. It served two purposes – ensuring people stayed at home at the height of the Covid-19 pandemic, whilst enabling people to keep their jobs. As it is fundamental to the employment relationship that the employer provides work and the employee undertakes work in order to avoid a breach of contact, the furlough period could only be put in place with the employee’s express agreement. “Furlough”, prior to March was not a term that had ever been used in relation to employment contracts/relationships.

Employers are now contributing to the scheme but with the Government still contributing 70%. In October employers will be contributing 20%. The Chancellor has made it clear there will be no further extensions to the scheme. It will end on 31st October.

So, what happens to the millions of people on furlough on 1st November:-

RETURN TO WORK – the ideal would be that the staff member returns to their job and full pay. There is no specified notice period that should be given to an employee that they are required to return, unless something specific was agreed at the start of the furlough leave.

REDUCTION IN HOURS/PAY – this can only happen if the staff member agrees to this. An employer cannot force a reduction in hours or pay. Some employees may be willing to agree to this to avoid losing their job.

REDUNDANCY – if the employer has become insolvent then there will be a redundancy situation. If the employer cannot afford to pay redundancy then the Government National Insurance Fund scheme may be able to assist employees. Employees will only be eligible for statutory redundancy pay if they have at least two years continuous employment. Redundancy pay should be calculated in accordance with the employee’s full pay, not any reduced pay whilst on furlough. If the employer no longer has a need, or has a reduced need for employees of a particular kind, this will fulfil one of the statutory definitions of redundancy. How the employer consults and selects those identified for redundancy will determine whether a dismissal for redundancy is fair in accordance with the Employment Rights Act 1996.

REMAIN AT HOME – the employer could discuss with staff the idea of working from home to assist with social distancing in the workplace. An employee cannot be forced to work from home if their contract of employment provides for a different place of work.

REFUSE TO RETURN – if an employee refuses to come back to work the employer will need to address the reason for the refusal and possibly address any concerns that mean the employee will not/cannot return, including if they are vulnerable and have worries about Covid-19 transmission.

If the employee is not invited back to work and/or is kept on reduced pay then this is likely to amount to breach of contract and potentially a constructive unfair dismissal.

Time is running out. If a genuine redundancy situation arises then the employer must still give notice that the employment is ending for this reason. The contract may dictate the notice period, but statutory minimum notice periods will apply in that one week’s notice for each complete year of service must be given, up to a maximum of 12 weeks.

If an organisation plans to make more than 20 staff redundant there must be a minimum consultation period before any notice of termination is given of at least 30 days.

It is going to be a difficult time for employees and employers so we are here to give the legal advice to guide you through it.

Contact Jennifer Carpenter, solicitor and partner with 20 plus years of providing employment law advice and representation to employees and employers.

Residential Property Boundary Disputes

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Does the Title Plan for a property determine the boundary for that property?

One of the most common misconceptions that we come across in our property dispute resolution department is that the H M Land Registry title plan denotes unquestionably the precise boundary for a property. If only matters were this simple. The title plan shows with a red line what is known as a “general boundary” only and therefore is of limited significance and use in determining the precise boundary.

A physical boundary may be marked by a fence, wall, hedge, stream, edge of a drive way to name just a few examples. It is necessary to look back at the initial conveyance for the property and if possible the original conveyance plan for more guidance on establishing the boundary lines where there is a dispute.

The historic background and information about the property and its boundary will also be relevant.

Where there is a boundary dispute we will conduct a site visit after perusing all available documentary evidence relating to the property. We will assist in engaging a surveyor if required and then do our upmost to achieve a swift resolution to the dispute, adhering to the Protocol for Disputes between Neighbours about the Location of their Boundary (The Boundary Disputes Protocol).

Adams Harrison Outside Meeting Area

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We welcome you to enjoy the pleasant surroundings of our secluded, private gardens in Saffron Walden to make a will or for other solicitor consultations by prior appointment. As a business we are committed to adhering to Government guidance, therefore we are only permitting visitors to our offices by prior appointment.

Our gazebo provides an alternative option for clients or contacts that would like to meet in person the lawyer advising them, whilst social distancing. We can offer, where appropriate, appointments inside our offices, also. We have Perspex protective screens in place. In the majority of cases we continue to provide legal advice via remote means. Click here for our full Covid-19 Policy.

Should you opt for an appointment in our garden you will enjoy views of St Mary’s Church. The largest church in Essex and a grade I listed building.

Call today for an appointment on 01799 523441 or send an enquiry to [email protected].

Adams Harrison Outside Meeting Area Aug 2020 03 Adams Harrison Outside Meeting Area Aug 2020 02 Adams Harrison Outside Meeting Area Aug 2020 01

APIL Injury Prevention Week

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Injury Prevention Week Logo

The 17th August 2020 marks the start of Injury Prevention Week, a campaign for awareness of pedestrians and road safety which is held by the Association of Personal Injury Lawyers (APIL). Adams Harrison Solicitors are supporting this week. Our Anton Bilinski personal injury lawyer and member of APIL explains why:

APIL are committed to raising and finding ways to avoid unnecessary harm and suffering caused by victims of accidents. This week mainly concentrates on pedestrian and road safety. Particularly focusing on non-drivers and children as they return to school throughout August and September. By setting a good example you can make sure your child remains safe when out and about and encourage them to follow the highway code.”

Adams Harrison by supporting this week hopes to highlight how to avoid needless harm and suffering in the first place. Unfortunately we see first hand the devastating effects caused by victims of road traffic accidents and as a firm we continue to seek compensation of those that have suffered injuries sometimes life changing.

Adams Harrison Excellent Lexcel Audit Result July 2020

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Adams Harrison is excellent – it is official.

Adams Harrison has held the Lexcel accreditation since 1999 and over the last four days has undergone a rigorous full reassessment. The result being that the firm has passed with flying colours.

What is Lexcel?

It stands for Legal Excellence and is a Law Society accreditation in relation to legal practice management standards that is optional for law firms to attain. Lexcel defines quality management procedures in seven areas: structure and strategy, financial management, information management, people management, risk management, client care, and file and case management.

During the audit there were absolutely no findings of non-compliance and the auditor identified 40 areas of good practice, an increase of four from the annual assessment last year.

The auditor for the assessment, when reporting the outcome, stated that an increase in the number of areas of good practice was a “remarkable result”, particularly in light of the recent Covid-19 pandemic.

Within the auditor’s report he has stated that the firm has a very robust and tested disaster recovery and business continuity plan. Reference was made to the firm having the Cyber Essentials kite mark.

The auditor stated that “processes and systems are extremely well understood by staff, and are also very well embedded into both the operations, and culture, of the Practice.”

In relation to risk management the finding was: “The Practice should continue to be commended for the practical, effective and comprehensive approach it has taken to operational risk management” and “the processes are clearly effective, very well implemented and, taken together, continue to constitute a highly robust approach”. It was stated that Adams Harrison should be highly commended for the work done to remain compliant against the requirements of the Standard.

The auditor was of the opinion that the Practice continues to place “very significant emphasis on the levels of ongoing client care which it provides.”

The report states that “In Lexcel terms, Adams Harrison, continues to be an extremely well run, and extremely well managed Practice – made all the more noteworthy by the fact that it has been achieved in a period of ongoing change and significant uncertainty!!”

 

Further Government Announcement On Furlough Scheme

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Yesterday the Government announced that in relation to the Coronavirus Job Retention Scheme (CJRS) that whilst it will close to new entrants at the end of June this will not be applicable to parents on statutory maternity and paternity leave who return to work in the coming months even after 10th June cut-off date.

However, this will only apply where they work for an employer who has previously furloughed employees.  An important announcement that has dealt with what would otherwise would have been an unfair and discriminatory situation for those that have been on maternity or paternity leave.

Our employment law specialist, Jennifer Carpenter, solicitor and partner can answer any queries or concerns you have about furlough leave, employment terms, redundancy and other employment related issues.

Furlough Leave Update

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10th June 2020 – this is the last date for workers/employees not previously furloughed to be placed on furlough leave and for the employer to benefit from the Coronavirus Job Retention Scheme (CJRS). The scheme will close to new entrants on 30th June, meaning that from 1st July employers will only claim under the CJRS who have previously been furloughed for a minimum period of three weeks prior to 30th June. 10th June is the very latest to have had three weeks on furlough before the end of the month.

The CJRS will have greater flexibility come 1st July where furloughed employees/workers will be able to work less than their usual working hours and employers will pay them for the hours worked. The CJRS will continue to make furlough payments for the remainder of their normal hours that they do not work, up to a maximum.

IMPORTANT FACTS TO REMEMBER:-

  • There is no legal right or entitlement to be placed on furlough leave, although an employee/worker could make a request to be considered for such leave to their employer. It is, however the employer’s decision.
  • There is no right to receive redundancy instead of furlough leave.
  • There is no right to be placed on furlough leave as an alternative to redundancy.
  • An employer cannot force furlough leave upon an employee.
  • An employee cannot be required to use annual leave entitlement whilst on furlough leave.
  • Employers can furlough staff who are required to stay at home because they are shielding in line with Public Health Guidance, or because they need to stay at home with a family member that is shielding.
  • Non-discriminatory criteria must be used by the employer in selecting who to place on furlough.
  • An employer should be aware that a claim must not be made under the CJRS if it is abusive or otherwise contrary to the “exceptional purpose” of the CJRS, which is stated to be the payment of employment costs in respect of furloughed employees “arising from the health, social and economic emergency in the United Kingdom resulting from coronavirus and coronavirus disease”.
  • Employers are not legally obliged to “top up” the CJRS pay to the employee/worker.

Our employment law specialist, Jennifer Carpenter, solicitor and partner can answer any queries or concerns you have about furlough leave, employment terms, redundancy and other employment related issues.