National Minimum Wage – Enforcement

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The Government has just announced the new rates of pay for National Minimum Wage (NMW) that will take effect on 1st April 2023. The new rates of pay compared to those currently in place are:-

  • Age 23 or over (NLW rate): £10.42 (up 9.7% from £9.50).
  • Age 21 to 22: £10.18 (up 10.9% from £9.18).
  • Age 18 to 20: £7.49 (up 9.7% from £6.83).
  • Age 16 to 17: £5.28 (up 9.7% from £4.81).
  • Apprentice rate: £5.28 (up 9.7% from £4.81).

What can you do as a worker or employee if you are not paid the correct rate?

Even if you have agreed to accept a reduced rate, lower than National Minimum Wage you still have a claim.

Any agreement by a worker/employee to be paid a lesser rate is void.

A number of claims could be available to you:-

  • Unlawful deduction from wages
  • Breach of contract
  • Unfair dismissal
  • Detriment

Strict time limits apply so seek our advice early.

Unlawful deduction for wages

This is a claim that you have not been paid the correct amount and therefore, the difference in your actual pay and the NMW amounts to an unlawful deduction. Such a claim must be brought within three months of the date you received the pay. However, if the pay you are receiving is lower than NMW on an ongoing basis then you will be able to claim at any time within three months of the last payment. Relatively recent changes to the law though mean you can only claim back for a maximum of two years.

We would assist you in calculating the arrears of pay and the period for which you could claim.

Unfair dismissal and Detriment

If you are dismissed because you have sought to ensure that you received the correct rate, or because your employer has been prosecuted for an offence for failing to pay NMW under The National Minimum Wage Act 1998 then this will be automatically unfair.

This means you do not need a specific length of service to be eligible to bring a claim for unfair dismissal

If you suffer any detriment as a result of:

  • becoming or being eligible for NMW
  • taking action to ensure you receive it;
  • or your employer being prosecuted for an offence relating to NMW

then you can bring a detriment claim for compensation. The Employment Tribunal will award such compensation as it considers just and equitable in the circumstances.

If you are a worker and you are fired because you have asserted your rights regarding NMW then although normally workers cannot claim unfair dismissal (as this is only available for employees) you can advance an unfair dismissal or detriment claim in this situation.

In these cases it will be assumed that the worker qualified for the NMW unless then employer can prove otherwise.

The worker/employee bringing legal action is just one consequence for the employer of failing to adhere to the NMW and the National Minimum Wage Act 1998. There are criminal proceedings, civil enforcement and public naming of organisations.

Contact our employment law specialist, Jennifer Carpenter solicitor and managing partner if you need advice on the National Minimum Wage legislation as a worker, employee or employer.

Cakes For Macmillan October 2022

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All of last week lots of staff across all three offices were busy baking lovely home made delights that were brought to the office. Donations flooded in to raise money for Macmillan Cancer Support. £148 was raised.

Cakes For Macmillan By Adams Harrison Staff 01 Cakes For Macmillan By Adams Harrison Staff 02 Cakes For Macmillan By Adams Harrison Staff 03 Cakes For Macmillan By Adams Harrison Staff 04

Debra Tofts, receptionist at Sawston wrote this poem about the week:-

A cup of tea

A slice of cake

Mid morning time

Afternoon delight

 

Happily baking

Buying and making

Time to savour

Enjoying the flavour

 

Brownies a plenty

Flapjack so chewy

Scones with cream

Rocky road a dream

 

Coins being rattled

Donations flooding in

For when it comes to Macmillan

Well where do we begin

Adams Harrison Sponsors Haverhill Triathlon 2022

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Adams Harrison were delighted to sponsor the Haverhill Triathlon again this year on the 2nd October and wish to thank Jack Tappin and his team for the excellent work in organising the event. Over 100 athletes took part this year. We congratulate Ben Allen, Lee Shipp and Jack Sutton for 1st, 2nd and 3rd place in the men’s competition and Emma Koppe, Claire Duguid and Morgan Neaves for 1st, 2nd and 3rd place in the women’s competition. However, we also extend our congratulations to all who took part. Jack Stewart from our Conveyancing Department presented medals to the winners. Haver Tri 2nd Oct22 women winners HaverTri 2nd Oct22 mens winners

Changes to the justice system following the death of our Queen Elizabeth II on 8th September 2022.

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Following the death of Queen Elizabeth II our managing partner, Jennifer Carpenter reflects on the monarch’s role in the justice system:

Historically the monarch was a key figure for the enforcement of law and establishing a justice system. However, in modern times the monarch as Sovereign has a symbolic role only. The monarch is the figure in whose name justice is carried out and law and order maintained. They are not actually involved in the administration of justice.

The monarch promulgates the law. This means that they formally order that laws can be made.

The most senior of barristers are appointed as Queen’s Counsel (QC) and now as a result of King Charles III’s reign will be known once again as King’s Counsel (KC) as was the case during the reign of the Queen’s father, King George. A KC is appointed by invitation from the King following a rigorous application process. There are currently about 1,900 QCs that immediately became KCs following King Charles III taking over the throne.

The Royal Coat of Arms that came into being in 1399 is used by the reigning monarch and appears in courtrooms in England and Wales. Lawyers and court officials bow to the judge or magistrates when they enter court. This is because they are bowing to the Royal Coat of Arms to show respect for the King’s Justices as all Judges and Magistrates technically are.

An oath of allegiance is made by all Judges, Magistrates and Tribunal members to the reigning monarch. They also make a judicial oath when they are sworn in.

Lovely Testimonial for Sarah Bruce

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Sarah Bruce Picture For Testimonial Sarah Bruce acted for a client in Haverhill with regard to probate matters. The client said

“I also wanted to say thank you for all your work you have completed for me over the last two years in relation to both my parents. It has been an emotional and challenging time and I am grateful to you for helping everything go very smoothly in the circumstances.”

Coping with the loss of a loved one is never easy and can feel overwhelming especially if you are responsible for dealing with the legal and financial aspects of their estate. Depending on the circumstances you may need to go through probate, which can be a challenging process at a very difficult time. Sarah Bruce, who works in our Haverhill and Saffron Walden offices, can help you through the process. We also have Leanne Mayes in our Haverhill office, Christine Gee in our Sawston office, or Melanie Pratlett, Head of Wills & Probate, who works mainly in our Saffron Walden office.

Adams Harrison Attends Samuel Ward Academy Careers Fayre 2022

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Jennifer Carpenter, Anton Bilinski and Louise Taghi were delighted to attend Samuel Ward Academy on Friday 23rd September for their Careers Fayre.

They were delighted with the interest shown by students from year 7 through to year 13 and impressed by the knowledge some already had about the legal profession and Solicitors.

Thanks to the school for inviting us to attend and we look forward to next year.

Leanne Mayes celebrates 20 years.

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Leanne Mayes Adam Harrison Congratulations to Leanne Mayes who celebrated 20 years’ service with Adams Harrison on Friday 16th September.
Leanne works in our Haverhill office and is a Fellow of the Chartered Institute of Legal Executives in our Wills & Probate Department.

Adams Harrison CQS Accreditation July 22 to July 23

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We are delighted to announce that we have been reaccredited from July 2022 – July 2023 by the Law Society’s Conveyancing Quality Scheme (CQS), which is a recognised quality standard for residential conveyancing practices. We have proudly held the CQS accreditation since 2011, an accreditation currently held by less than 15% of Law Firms in the England and Wales..

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.

Please contact us to discuss your residential conveyancing needs.

Adams Harrison CQS Certificate July 22 to July 23

Long Covid May Amount To A “Disability”

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There are certain conditions that automatically qualify as a disability as set out in the Equality Act 2010.

The Equality and Human Rights Commission has stated that Long Covid should not be a condition that automatically constitutes a disability.

However, if a person’s symptoms have a substantial and long term adverse effect on their ability to carry out normal day to day activities it might amount to a disability. This is the same statutory test for any condition/illness.

It is estimated that 1.8 million people in the UK are experiencing Long Covid symptoms. It is classified as Long Covid if Covid-19 symptoms last for more than four weeks.

If you suffer with a condition that amounts to a “disability” then you are afforded the full protection from disability discrimination.

For advice and representation on your right not be discriminated against in the work place contact Jennifer Carpenter, our specialist employment law solicitor.
[email protected]

Christine Gee Celebrates 25 Years

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Christine Gee of Adams Harisson 25 Years Bouquet

Congratulations to Christine Gee who celebrated 25 years working with Adams Harrison and before that Webb & Partners (who Adams Harrison took over in 2008).
Christine has a Specialist Paralegal Diploma in Wills & Probate and works in our Sawston office.