Employment Law Newsletter May 2024
May's employment law newsletter covers paternity leave, multi-claimant legislation and more.
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6 min read.
Heather Reynolds Appointed as Partner at Bowcock & Pursaill
Bowcock & Pursaill has appointed Heather Reynolds as the latest partner at the firm. Having joined the team more than 14 years ago, Heather is the epitome of climbing the career ladder, starting out as Office Assistant. Very quickly Heather became interested in training as a solicitor and started working her way up the ranks. She progressed to Receptionist first before becoming a Legal Secretary at the firm at 21 where she worked for Commercial Property Specialist, Tom Gregory and Residential Property Specialist, Emma Amat. During her time as Legal Secretary, Heather enrolled at Staffordshire University to study law in...
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3 min read.
Employment Law Newsletter April 2024
What are the new employment laws and how will they affect employees and employers? This month, we are focusing exclusively on the new employment laws that will come into force in April 2024. National Minimum Wage Increases The National Minimum Wage (NMW) will experience increases effective from 1 April 2024. For people over 21, the National Minimum (Living) Wage will elevate from £10.42 to £11.44. Those aged between 18-20 will see an increase from £7.49 to £8.60, while individuals aged 16-17 and apprentices will observe a rise from £5.28 to £6.40. The NMW, a mandatory wage floor for all employers,...
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3 min read.
Increased protection from redundancy for pregnant employees and those who have taken adoption or shared parental leave – new legislation 2024
In April 2024, there will be significant changes to UK redundancy rules. Currently, employers have a legal obligation to offer suitable alternative employment, where a vacancy exists, to an employee who is on maternity leave, shared parental or adoption leave, if their job is at risk of redundancy. This is limited to the duration of the relevant leave. The Protection from Redundancy (Pregnancy and Family Leave) Act 2023, which received Royal Assent on 24 May 2023, introduces further protections which means that expectant employees or those returning from maternity, adoption and shared parental leave, will receive greater protection from redundancy....
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3 min read.
Supporting our commercial clients
Bowcock and Pursaill successfully supported the purchase of two companies which each operates separate care homes on the same day for long standing client Bishnu Khanal. Working with Partner Catherine Whittles and the corporate and commercial property team has been nothing but positive for Mr Khanal for the past 13 years. In 2011, Catherine and her team supported Mr Khanal’s acquisition of a care home and he hasn’t looked elsewhere for that service since. Since appointing Bowcock and Pursaill to help with his commercial acquisitions, Mr Khanal has purchased five care homes. The most recent being two on the same...
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1 min read.
Protection from Harassment – new legislation 2024
The Worker Protection Bill has been updated and new legislation comes into effect from October 2024 covering protection from harassment. Employment law specialist, Clare Thomas, talks through the new legislation and what it means for employers. What does Protection from Harassment legislation mean for employers? This new legislation means that workers will have protection from harassment – particularly sexual harassment – and employers will be duty-bound to take reasonable steps to prevent sexual harassment of their employees. In workplaces where sexual harassment thrives, this new legislation will be very welcomed. It marks a change in legislation from ‘redress’ to ‘prevention’,...
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4 min read.
New Flexible Working legislation 2024
Millions of workers in the UK will have more flexibility over where and when they work as the Government announces new flexible working legislation which comes into effect on 6 April 2024. Under this new legislation, employees will have the right to request flexible working from day one of their employment. This is a significant change from current legislation which states that an employee must be employed for 26 weeks or more before being able to request to work flexibly. Clare Thomas, employment law specialist at B&P talks about the changes and what employers can do to prepare. Why is...
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4 min read.
What is the Neonatal Care Act?
Under the Employment Rights Act 1996, the Neonatal Care Act will be introduced to support employees who have a newborn baby receiving palliative or medical care. This means that it will be easier for employees to be granted Neonatal Leave and Neonatal Care Pay to look after their babies. The Neonatal Care Act received Royal Assent on 24 May 2023, and it is scheduled to come into force in April 2025. What will employees be entitled to? It is anticipated that employees who qualify for neonatal care will be offered the additional entitlement if their baby needs medical or palliative care...
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3 min read.
Employment Law Newsletter February 2024
The Employment Tribunal considered whether a university professor had been directly discriminated against, harassed and victimised for her gender-critical beliefs. The Employment Tribunal has affirmed the claims made by a former professor against her previous employer, the Open University. The allegations include direct discrimination, harassment, victimisation, and constructive dismissal based on her gender-critical beliefs. Her perspectives, such as asserting that a person cannot alter their biological sex and emphasising the distinction between sex and gender identity, met the Grainger criteria and were protected under the Equality Act 2010. Professor Phoenix expressed her gender-critical views by co-signing a letter to The...
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12 min read.
Changes to the National Living Wage and National Minimum Wage in 2024
What is the new National Minimum Wage, what will it mean for your business and how do you comply with the new legislation? We’ll tell you everything you need to know! In November 2023, the Government announced the largest ever increase in the National Living Wage. From 1 April 2024 the National Living Wage will increase by: 8% from £10.42 to £11.44 per hour for those aged 21 and over (previously those aged 23 and over) The National Minimum Wage will increase by: 8% to £8.60 per hour for those aged 18 – 20; 2% to £6.40 per hour for...
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5 min read.
Changes to the Carer’s Act from April 2024
Currently there is no specific right for carers to take leave. However in 2023, the Carer’s Leave Act 2023 made provision for employees who have caring responsibilities to take at least one week of unpaid carer’s leave per year. This received Royal Assent on 24 May 2023 and is expected to become law from 6 April 2024. This means that carers will have a new statutory right to take at least one week of unpaid leave right from the beginning of when their employment starts. This will allow them to provide or arrange care for a long-term dependant. Who is...
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3 min read.
Changes to Holiday Pay and TUPE changes from January 2024
Changes to Holiday Pay and other Employment Law changes 2024 There are some significant changes to holiday pay and employment law due in 2024. Is your business ready? In this blog, we talk about some of the changes in employment law that are coming into effect in 2024 and what employers need to do to prepare. Some of the first changes will impact holiday pay and annual leave, working time and rights/obligations under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). Holiday pay for irregular and part-year workers “Irregular hours workers” and “part-year workers” will be removed from...
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5 min read.
Employment Law Newsletter November 2023
Consultation for Acas new Code of Practice Acas has released a consultation regarding a fresh statutory Code of Practice concerning the management of requests for a predictable work schedule. This code will be implemented once the Workers (Predictable Terms and Conditions) Act of 2023 is officially enacted. Following the enactment of the Workers (Predictable Terms and Conditions) Act 2023, expected to take effect around September 2024, Acas has initiated a consultation on a new statutory Code of Practice governing requests for predictable working patterns. This Act establishes a statutory right for workers and agency workers to request a predictable work...
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10 min read.
B&P wear it pink!
The Bowcock & Pursaill team celebrated Wear it Pink Day on 20 October to raise awareness for breast cancer. Between the offices we raised over £200 – here’s some photos from our Uttoxeter office with a special shout out to Kay Johnson who has just undergone surgery for breast cancer and returned back to work on the same day as the fundraiser. Kay is pictured ringing her own bell that was brought for her as a congratulations.
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1 min read.
Employment Law Newsletter August 2023
BSI publishes new standard on menstruation, menstrual health, and menopause in the workplace The British Standards Institute (BSI) has published a new standard on menstruation, menstrual health, and menopause in the workplace – Menopause standard launched to help organizations support workers | BSI (bsigroup.com). Designed following an extensive public consultation and in conjunction with major employment organisations such as Acas and Unison, the report’s aim is to help employers support and retain employees experiencing issues connected to menstruation or the menopause. EAT rules on calculating accrued but untaken statutory holiday following termination of employment Connor v Chief Constable of the...
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10 min read.
Caroline Gregg joins B&P team
Family law specialist Caroline Gregg has permanently joined our team. With more than 20 years of experience in family law and as an associate member of the Institute of Chartered Legal Executives, Caroline has now started her new role as Head of the Family and Matrimonial Department. Through her career, Caroline has negotiated a range of legal issues from marriage breakdown to divorce, and financial disputes to child matters. As a member of Resolution, Caroline is committed to a particularly high standard Code of Practice and promotes a constructive approach to the family issues. Prior to the new full-time role...
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2 min read.
Protecting Your Employee’s Mental Health
Protecting Your Employees’ Mental Health In today’s fast-paced, highly digitalised, and demanding work environment, protecting the mental health of employees has become a top priority for many law firms. The significant impact of mental well-being on productivity, engagement, and overall job satisfaction, is now well-established. In addition, employees are demanding more mental health support and employers are increasingly facing the threat of legal claims if a lack of support leads to harm. For example, at the beginning of June, The Law Society Gazette revealed that the Employment Tribunal is allowing more time for a claim brought by a mother on behalf of...
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5 min read.
What is land registry when buying a house?
Land registry is a set-in-stone document highlighting information about the ownership of a property or land, or both. Registering land gives added security to property or landowners. Land registry, itself, gives the landowners a guaranteed title and a plan with indications of each property boundary. There is a cost associated with the land registry process. There are also a few different factors which can influence the amount of money payable for the registration of land: Cost of the property First registration New build Electronic or postal Registration of land in the UK has a range of advantages but there are...
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3 min read.
What is residential conveyancing? A guide for beginners
Residential conveyancing is a term you have probably heard if you’re in the process of buying or selling a property. The term residential conveyancing refers to the legal process behind transferring the ownership of a property. It refers to the many different aspects of the process from property searches to contract exchanges. Talk to one of our residential conveyancing experts today What are the different steps in residential conveyancing? The different sections of residential conveyancing can be put into six main categories: 1 Pre-contract At this point, after getting an agreement in principle for a mortgage, solicitors from both the...
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4 min read.
Employment Law Newsletter May 2023
Acas publishes new advice on workplace stress management and guidance on reasonable adjustments for mental health Following a recent survey, Acas has issued fresh guidance on managing stress at work. One-third of employees do not believe their workplace has a suitable stress-management policy and 63% feel under pressure from the rising cost of living. The Acas advice sets out the many causes of workplace stress, such as too many or conflicting demands, poor working conditions, lack of control, lack of support, bullying, insufficient training, lack of role clarity, low trust, or organisational change. Personal circumstances including bereavement, divorce, menopause, caring...
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11 min read.
Why is health and safety everyone’s responsibility?
Why is health and safety everyone’s responsibility? Under health and safety law, the primary responsibility for health and safety in the workplace is down to employers. But health and safety in the workplace is everyone’s responsibility. While employers have primary responsibility for all health and safety matters, all employees play a crucial role in preventing accidents and work-related illness. Employees have a duty to take care of their own health and safety and that of others who may be affected by their actions at work. Employees must co-operate with employers and co-workers to help everyone meet their legal requirements. No employer can...
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3 min read.
5 things you need to know before signing a postnuptial agreement
What are postnuptial agreements? Postnuptial agreements are written contracts between two parties who are already married. Similar to a prenup, the contract allows you to specify how your financial assets would be divided should you ever get divorced. Even happily married couples think about protecting their assets should life take them down separate paths. In this case, a postnuptial agreement can save bad feelings, time and money. Both spouses MUST sign postnuptial agreements For a postnup to work, you and your partner both need to sign! If one spouse doesn’t agree to the terms of the agreement, then the contract...
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3 min read.
Employment Law Newsletter January 2023
This newsletter covers: UK Government Rejects Calls To Make Menopause A Protected Characteristic No finding of disability discrimination following the dismissal of a disabled employee High Court refuses to strike out a claim for misuse of private information by an ex-employer Government launches consultation following SC decision in Harpur Trust v Brazel [2022] UKSC 21 Strikes (Minimum Service Levels) Bill 2022-23 introduced in the House of Commons EAT imposed a penalty of £20,000 for an employer’s failure to inform and consult UK Government Rejects Calls To Make Menopause A Protected Characteristic The Government has published its response to the Women...
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13 min read.
B&P bolsters Leek team with expert Solicitor, Emma Kirkwood
B&P bolsters Leek team with expert Solicitor, Emma Kirkwood Bowcock & Pursaill has welcomed its newest Solicitor, Emma Kirkwood after working as a consultant and demonstrating her dedication and commitment to furthering her career in law. Emma Kirkwood joined our Leek-based consultancy department in spring 2022, assisting the wider team and providing clients with guidance in many aspects of law, such as contracts, legal documents and helping to resolve disputes. She commented: “I was self-employed for five years before joining Bowcock and Pursaill, and prior to that I worked for another solicitor firm based in Newcastle-under-Lyme.” With a keen interest...
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2 min read.
What are your commercial property legal obligations?
What are your commercial property legal obligations? As a landlord or tenant of a commercial property, you have a duty to ensure the business premises is well-maintained, offering a safe and healthy place for people to work. The law and terms of lease determines whether the landlord or tenant is responsible for certain aspects of business property. A landlord’s obligations and responsibilities are often laid down in legislation, or form part of the lease agreement between them and their tenants. For this reason, it’s essential that landlords and tenants understand what is legally required of them. Here’s a run-down of...
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3 min read.
