If you’ve been dismissed by reason of redundancy and your employer has then given someone else a job, you may have a claim for unfair dismissal. This would be because the reason for your dismissal wasn’t redundancy, it was only labelled redundancy, so that your employer had an excuse to dismiss you. The answer to whether a Tribunal will deem that you have been unfairly dismissed however, depends on a whole host of factors surrounding the redundancy. This is in part due to the legal definition of redundancy. If carried out correctly, redundancy is one of the 5 fair reasons for dismissal. There ..read more

By the 31st March 2024, workers will no longer be able to carry over leave they were unable to take during the COVID-19 pandemic. During the pandemic, emergency rules were put in to place which meant workers could carry over up to 4 weeks of holiday into the next two leave years. Workers were entitled to carry over holiday if it was not reasonably practicable for them to take their leave as a result of the pandemic and the country being placed into lockdown. However, from 1 January 2024, the COVID holiday carry over rules will be repealed and workers will no longer be entitled to Covid-19 carr ..read more

On 11 January 2024 ACAS published its revised Code of Practice on requests for flexible working. If it receives parliamentary approval, the Code is expected to come into effect on 6 April 2024.  The proposed changes are:  The statutory right to request flexible working applies from the first day of employment.  An Employee can make two statutory requests for flexible working within any 12-month period but can only have one live request at any one time.  The requirement to consult the employee before making a decision will not apply where the employer agrees the flexible wo ..read more

On the 8th November 2023 the Government released The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023, draft legislation to implement important changes to holiday rights under the Working Time Regulations. This draft legislation is likely to come into force on 1st January 2024. How will Holiday entitlement and Holiday pay change? These changes come following the Supreme Court decision of Harpur Trust v Brazel which discussed holiday entitlement and holiday pay for irregular-hour workers. The legislation will simplify holiday pay calculations by making rolle ..read more

In the dynamic landscape of employment, situations may arise where employers and employees decide to part ways amicably through what is known as an Employment Settlement Agreement. This legal document, formerly referred to as a Compromise Agreement, outlines the terms and conditions under which the employment relationship concludes. Understanding the key aspects of these agreements is crucial for both employers and employees alike. Definition and Purpose:Employment Settlement Agreements are legally binding documents that define the terms of an employee’s departure from a company. They are ofte ..read more

Navigating the intricacies of a Settlement Agreement can be a challenging task, whether you are an employer or an employee. This legal document, often marking the end of an employment relationship, requires careful consideration and understanding of its terms. To help you approach Settlement Agreements with confidence, here are five top tips to keep in mind. Seek Independent Advice: One of the most crucial tips when dealing with a Settlement Agreement is to seek independent advice from a relevant adviser. This is a legal requirement for the employee and is strongly recommended for employers a ..read more

How can we respect children in mediation? “Children are human beings to whom respect is due, superior to us by reason of their innocence and of the greater possibilities for the future.” Maria Montessori  It is crucial that in any mediation relating to children, the children concerned are at the centre of the discussions between the parents.  Parents have a huge responsibility to ensure that they are putting the needs of their children before their own and that their physical and emotional well-being is protected.   So how can we ensure that children are respected in mediation ..read more

How the Renters (Reform) Bill could impact separating families The Renters (Reform) Bill (“the Bill”) has been introduced to parliament and makes provisions for changing the law regarding the private rented sector in England. Some of the main provisions of the bill include: Abolition of fixed-term assured tenancies Assured shorthold tenancies, which is arguably the most common type of tenancy in the private rented sector, will be scrapped. Such tenancies will become periodic instead, with the tenancy period being no longer than 28 days. Tenants will also be able to end a tenancy by giving two ..read more

Cohabitation – the myth of common law marriage Cohabiting couples are the fastest-growing family unit in the UK, with the Office for National Statistics releasing recent data showing that cohabiting couples have increased by 16% between 2012 and 2022. This data sits alongside the continued decline in recent years of the marriage rate. The reason for the increase in couples choosing to cohabit as opposed to entering marriage is not clear, but it is likely due to the modernisation of the views of society around couples living together outside of marriage. In addition to this, the cost of a weddi ..read more

The impact of the continued increase in the cost of living on divorcing couples The last few years have been a challenging landscape for everyone with the pandemic and then the turbulent economic climate, as a result of the significant increase in the cost of living. This has had an impact on divorcing couples and the decisions they make following separation. Divorce and separation are for most a difficult time and hard to navigate through without support, and therefore the assistance of a strong legal team is critical. However, with a lot of people already struggling with meeting their basic ..read more