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Buying A Care Home – Legal Issues To Consider

13th August 2019 by

The private sector makes up the majority of care home places in this country and with increasing demands caused by an aging population many companies and individuals are now considering investing in the care home market.

What are the important legal issues that need to be considered in connection with such a purchase over and above the normal matters that need to be dealt with when buying a property and a business? Continue reading →

NHS Waiting List Now Over 4 Million Patients Long

NHS Waiting List Now Over 4 Million Patients Long

12th August 2019 by

In 2018, official figures showed the waiting list for an NHS operation was over 4.3 million patients long.  To put this into context, if we were to print this off, assuming an average of 50 patients per page, and laid end to end, the list would be 23 kilometres long (or 14 miles) – enough to stretch from our office in Brighton to Worthing (via the A27).

Continue reading →

Stamp Duty Land Tax Dodge Backfires

8th August 2019 by

When a couple wished to avoid paying Stamp Duty Land Tax (SDLT) on the purchase of a property, they hit on what looked to them like a great idea. Instead of buying the property outright, they paid for it in two stages…a deposit, plus the purchase of an annuity to be assigned to the seller. The annuity paid annually was very small, but the seller had the right to redeem it for a lump sum (£726,750), which corresponded to the expected balance due based on the market value of the property at the time of the sale. Continue reading →

Agency Temps Not Entitled To The Same Hours As Directly-Hired Workers

7th August 2019 by

The Agency Workers Regulations 2010 (AWR), which implement the EU Directive on Temporary Agency Work into UK law, apply to those workers who are supplied by a temporary work agency to work temporarily for and under the supervision and direction of a hirer. Under the AWR, once a temporary agency worker has worked in the same job for the same hirer for a period of 12 calendar weeks, they are entitled to the same basic employment and working conditions as if they had been recruited directly by the employer. Continue reading →

Disability Discrimination – Visual Impairments

17th July 2019 by

Schedule 1, Paragraph 5(1) of the Equality Act 2010 states that an impairment is to be treated as having a substantial adverse effect on a person’s ability to carry out normal day-to-day activities if it would be likely to have that effect without measures being taken to treat or correct it. However, Paragraph 5(3) makes an exception in relation to the impairment of a person’s sight, to the extent that it is ‘correctable by spectacles or contact lenses or in such other ways as may be prescribed’. Continue reading →

Reasonable Endeavours Clauses Can Have Teeth

15th July 2019 by

Unreasonable delay in fulfilling the terms of a contract is an unwise policy, as a recent dispute that ended up in the Court of Appeal shows. When a developer wished to build an ice-skating rink, its first priority was to secure a clear title to the development site. The contract entered into with the vendor required the developer to use ‘reasonable endeavours’ to fulfil certain conditions as soon as reasonably practicable so as to trigger an overage payment of £1.4 million on top of the initial payment made for the purchase of the site. Continue reading →

Can I Get Legal Aid For Representation At An Inquest?

4th July 2019 by

In two recent articles we looked at the law and procedures of Coronial Inquests in some detail. Our first article, ‘What happens at an Inquest (and other frequently asked questions)’ gave an overview of the Inquest procedure. During the course of this blog we asked, and provided answers to, questions such as, ‘When is an Inquest required?’, ‘What is the purpose of an Inquest?’, ‘What will happen at an Inquest?’ and a number of other common issues that face those involved in the Inquest procedure. Continue reading →

Article 2 Inquests – What You Need To Know

26th June 2019 by

The death of a loved one is probably the most traumatic, harrowing experience any human being will experience in their lifetime. Not only is there a period of unimaginable grief, suffering and uncontrollable feelings of sadness and loss to go through, but in addition there are a wealth of practicalities that have to be dealt with – a funeral to be arranged, finances to be sorted out, fellow grieving relatives who need supporting and potentially, sales of property and effects to be dealt with. Continue reading →

Shared Parental Pay And Enhanced Maternity Rights – Fathers Lose Discrimination Claim

24th June 2019 by

The Shared Parental Leave Regulations 2014 only require that employees taking Shared Parental Leave (SPL) are paid at the statutory rate, which is currently £148.68 per week, or 90 per cent of the employee’s average weekly earnings, whichever is lower. There is no statutory requirement for employers that offer enhanced maternity rights to women on maternity leave to ‘mirror’ those arrangements for employees who opt to take SPL. This has resulted in claims by fathers that the provisions are discriminatory. The Court of Appeal has now brought clarity to the situation when considering the appeals in two such cases. Continue reading →

Plumber Loses Holiday Pay At Employment Tribunal

11th June 2019 by

In June 2018, the Supreme Court ruled that the employment status of a plumbing and heating engineer, G Smith, who had worked for a reputable plumbing company between August 2005 and April 2011 was that of a worker, not a self-employed person in business on his own account, and he was thus entitled to paid holiday and the National Minimum Wage. However, Mr Smith has now lost his Employment Tribunal (ET) claim for £74,000 in backdated pay in accordance with his statutory annual leave entitlement. Continue reading →

Entrepreneur Behind £21 Million Property Debacle Receives Directorship Ban

7th June 2019 by

Commercial misjudgments are a fact of business life and directors who make them are not generally subjected to legal sanctions. However, as a case in which overseas property investors lost millions showed, judges take a tough approach if there is evidence of gross negligence or a lack of candour on the part of those in control of companies. Continue reading →

Rest Breaks In The Railway Industry – Court Of Appeal Gives Guidance

23rd April 2019 by

Under Regulation 12 of the Working Time Regulations 1998 (WTR), workers are entitled to an uninterrupted 20-minute rest break if their daily working time exceeds six hours. However, there are exceptions to this general rule to take account of unusual or particular working arrangements where strict compliance would cause operational difficulties, which include where the worker works in railway transport and their ‘activities are linked to transport timetables and to ensuring the continuity and regularity of traffic’. Continue reading →

Medical Negligence Claims: Who Is Really At Fault For Them And Should I Claim?

23rd April 2019 by

The Law Society Gazette, the flagship weekly publication of the solicitors representative body, recently ran an article on a report by the National Audit Office (NAO), which revealed that National Health Service waiting lists for elective (pre-planned) treatment and for cancer procedures, had risen from 2.7 million to 4.2 million between March 2013 and November 2018. Quite staggering figures. Continue reading →

Supreme Court Hearing Needed To Confirm Commission

16th April 2019 by

The Estate Agents Act 1979 is quite specific as to how contracts between estate agents and their customers should be documented. A recent case dealt with the outcome of a failure to adhere to the terms of the Act, which in essence meant that an estate agent has faced a more than ten-year delay in securing his right to a commission. Continue reading →

Company Founder Sacked For Whistleblowing Awarded Substantial Damages

9th April 2019 by

Allegations against an employee may or may not be justified, but what really matters in terms of employment law is that they are fairly investigated. A medical recruitment company that signally failed in that task before summarily dismissing its CEO for whistleblowing was ordered to pay her substantial damages (Rizvi v Capital Care Services (UK) Limited). Continue reading →

Accountant Who Worked Exclusively For One Client Became An Employee

8th April 2019 by

The distinction between employment and self-employment is a continuing source of controversy and a ruling by the Employment Appeal Tribunal (EAT) that an accountant who worked exclusively for one client fell into the former category has added a new wrinkle to the vexed debate about employment status (Exmoor Ales Limited and Another v Herriot). Continue reading →

Revised Code Of Practice On Preventing Illegal Working

5th April 2019 by

Employers have a responsibility to prevent illegal working in the UK by ensuring that their employees have the right to work here. This involves carrying out document checks on people before employing them in order to confirm that they have a legal right to work here, either permanently or on a temporary basis. Where the employee only has a limited entitlement to remain in the UK, follow-up checks must be carried out. Continue reading →

Equal Pay Comparability – Supermarket Workers Win Important Victory

5th April 2019 by

In Asda Stores Limited v Brierley, the question before the Court of Appeal was whether or not thousands of women who worked at Asda’s retail stores could compare themselves with male members of staff who worked at the company’s distribution depots for the purposes of their equal pay claim. The depot workers, who unlike their retail colleagues had the benefit of established union representation and collective bargaining agreements, were paid a higher salary. Continue reading →

What happens at an Inquest? (And other frequently asked questions)

4th April 2019 by

An Inquest is held when someone has died in certain specific circumstances. Inquests are only held when an investigation is necessary to establish the facts about what the cause of death was, usually when the person died suddenly or in circumstances that remain unexplained. For example, deaths that have occurred as a result of violence, due to unnatural means or as a result of sudden and unknown causes would all necessitate an Inquest taking place. Continue reading →

Air Quality Targets And The Planning Regime – Court Of Appeal Test Case

26th March 2019 by

The Government is duty-bound by European law to ensure that specified air quality standards are met as quickly as possible. However, the Court of Appeal has ruled in an important test case that that duty does not extend to a general obligation to refuse planning consent for particular developments that might contribute to atmospheric pollution, including those raising the ambient level of nitrogen dioxide. Continue reading →

Team Healys LLP To Take Part In The Seven Port Challenge Charity Cycle Ride 2019 In Aid Of The Mayor’s Charities Sponsored By Woodhart Group

26th March 2019 by

From Thursday 2nd to Sunday 5th May 2019, Managing Partner, Dino Skinner and colleagues Ros Edwards and Jack Wingrove, will be taking part in the Seven Port Challenge which will consist of reaching the Seven Ports of Shoreham Port, Portsmouth, Caen (Ouistreham), Honfleur, Fecamp, Dieppe & Newhaven, on a 180 mile bike ride. Continue reading →

Retired Factory Worker Succeeds In Hearing Loss Compensation Claim

26th March 2019 by

The effects of damage to hearing caused by industrial noise often take decades to become evident, but that does not deter specialist solicitors from seeking just compensation for victims. In a recent case, a retired factory worker won the right to damages more than 40 years after he was exposed to excessive workplace noise. Continue reading →

Is It Just Too Dangerous To Cycle In Brighton?

20th March 2019 by

At the time of writing, the UK is basking in unseasonably warm sunshine. Spring appears to have arrived early and with it, many of the outdoor activities that one associates with more temperate weather are making an early appearance. Whilst cycling is an all year-round activity and indeed a necessity for those who use it as their main method of getting around our towns and cities to commute to and from work, the number of people who choose to jump on their bikes increases considerably in the spring and summer months. Continue reading →

The Inspector Calls – Industry Advice And Legal Updates For Care Professionals

20th March 2019 by

On Thursday 14th March, The National Care Association hosted its first ‘The Inspector Calls’ event at the Hallmark Hotel Bournemouth East Cliff, in Bournemouth. Representing small and medium sized care providers and affiliated local associations, National Care Association is a leading body that liaises with national Government at a political and departmental level, Local Government and key stakeholder groups including the NHS and CQC to support care employers and employees. Continue reading →

20th March 2019 0 Comments Care, Firm news

5 Reasons Why Brighton Means Business…

12th March 2019 by

Brighton has long enjoyed a reputation as a creative, dynamic city, regularly coming at the top of lists for the best places in which to live or work in the UK. More recently, Brighton has achieved the status of a thriving business hub, providing a number of opportunities, particularly for SMEs and tech companies. So what is it about this city that makes it so attractive to entrepreneurs? Continue reading →

5 Top Tips To Avoid Potential Franchise Disputes

12th March 2019 by

Starting a franchise can be an exciting business opportunity. As a franchisor, establishing a franchise network can be a rewarding way to expand a successful business in the UK and abroad. As a franchisee, purchasing a franchise allows for the chance to manage a business with the security of an established brand and the support of a client network. Continue reading →

Sorry Seems To Be The Hardest Word… CQC Fines Healthcare Provider

25th February 2019 by

The Care Quality Commission (CQC) fined Bradford Teaching Hospitals NHS Foundation Trust for failing to apologise to a family in a reasonable period of time. A baby had been admitted to Bradford Royal Infirmary in July 2016, but there were delays in diagnosing his condition and missed opportunities to admit him to hospital. He later died. In a development that will have raised the eyebrows of many in the care sector, the Trust was fined £1,250 after only apologising to the family in October 2016. Continue reading →

25th February 2019 0 Comments Care, Insights

Why Are There So Many Instances Of Cancer Misdiagnosis Happening In The UK?

22nd February 2019 by

Statistics provided by Cancer Research UK indicate that on average 360,000 people are diagnosed with cancer every year in the UK. However, an article that appeared in the Independent newspaper in December 2018, revealed the startling finding that 4 out of every 10 people diagnosed with cancer have been misdiagnosed at least once before the disease was identified. Continue reading →

Ill-Health Retirement, Pension Rights And Disability

7th February 2019 by

The Supreme Court has ruled that the way in which a university employee’s ill-health early retirement pension was calculated, based on the part-time salary he earned in the last three years before he took early retirement, did not constitute ‘unfavourable treatment’ for the purposes of Section 15(1) of the Equality Act 2010 (Williams v The Trustees of Swansea University Pension and Assurance Scheme and Another). Continue reading →

Healys is attending MIPIM, Will you be there?

7th February 2019 by

The 30th anniversary of MIPIM is just around the corner, and once again Healys will be attending. This year our team will be joining the Egypt Delegation, and will be based in The Palais Des Festivals. Held between the 12th and the 15th of March in Cannes, MIPIM is the largest real estate networking event in the property calendar. This year there are expected to be 24,000 delegates from over 100 countries, and three distinct teams from Healys will be attending the 4 day event. Continue reading →

Executive Pay Ratio Reporting

5th February 2019 by

The Companies (Miscellaneous Reporting) Regulations 2018, made under the Companies Act 2006, came into force on 1 January 2019. They introduce new corporate governance reporting requirements for UK-listed companies with an average of more than 250 employees in the relevant financial year to publish the pay gap between their Chief Executive Officer (CEO) and their average UK worker. Continue reading →