Heptonstalls Solicitors

Employment Law Update – November 2009

BLOWING THE WHISTLE There are a number of circumstances in which workers can legitimately blow the whistle on malpractice at work. We provide an overview of the legislation governing this area.

REPUTATION AT STAKE Employees can be dismissed for doing something that impacts on the reputation of their employer. We look at a case which said that dismissing a chaplain for doing a media interview could not be fair as the company had not even bothered to listen to the interview.

COLLECTIVE RIGHTS Under European law, employers are required to inform and consult workers in the event of making collective redundancies. We look at a case that said that employers must start the process of consultation as soon as they decide to contemplate collective redundancies.

IN BRIEF The Government recently published another consultation document on draft regulations to implement the EU Agency Workers Directive into domestic law.

Click the link to read more: Heptonstalls Employment Law Update – Nov 09

Home Information Packs – The Facts

Mike FishThere are many arguments regarding the pros and cons of a Home Information Pack (HIP). Quite simply you now have to have one before you can market your house, this article will tell you what is needed and hopefully give you an edge when you decide to put your house on the market.

The following documents must be included in your HIP:

For freehold properties:

1. Home Information Pack Index – this is a fairly straightforward part of the HIP which simply lists what is in it

2. Property Information Questionnaire (PIQ) – this is a short form designed to be completed by the seller and easy for the buyer to read. It gives basic information about the property which may be of interest to a buyer

3. Energy Performance Certificate (EPC) or Predicted Energy Assessment (PEA) – this gives information about how energy efficient the property is and makes suggestions for improvements the EPC is for second hand property and the PEA is for newly built (or yet to be built) property

4. Sustainability information (required for newly built homes) – this gives information required by law in respect of a new property based on its environmental impact

5. Sale statement – provides basic information about the property

6. Evidence of title – for this evidence of your ownership needs to be provided either in the form of copies of the register and plan held by the Land Registry or copies of your title deeds

7. Standard searches (local authority and drainage and water) – these two search results need to be included. Read next weeks issue to find out more about these

For Leasehold properties:

1. All the compulsory documents above and

2. A copy of the lease – this is a technical legal document usually of substantial length relating to a leasehold seller’s property. It is usually granted for a term of years of at least 99 years but a second hand property may have less than that if the lease was entered into some years ago

Heptonstalls provide reliable HIP’s at a reasonable price, they are a firm of Solicitors, so are regulated and insured. Not all HIP providers are, and the saying “you get what you pay for” applies just as much here as anywhere else.

If you have any queries, or would like a no obligation discussion regarding HIPs, contact Mike Fish on 01405 765661 or email: mike.fish@heptonstalls.co.uk

Care Proceedings – The Facts

Karen Logan Low resThe thought of someone taking your children away is frightening and distressing for anyone, even if the people involved are doing it because they think it is best for the children.

Taking children away should be the last step the council takes to make sure they are safe and well cared for.  If the council is concerned about about a child’s welfare it must look closely at the child’s situation.  It should normally offer help to the family and find ways of keeping the child safe. The family should be involved in the decisions made about a child.

Some of the ways the council can help is to offer a family group conference , this is a meeting between the council usually a social worker and members of the child’s family, who can suggest plans for keeping the child safe and well cared for.  Professionals such as social workers, police, and doctors only join in for part of the conference.

If the council has lots of concerns relating to a child then it may make arrangements for a Child Protection Conference, this is a meeting arranged by the council to decide whether it needs to make a Child protection plan for the child.  As part of this plan the council may offer help in looking after the child.

This meeting will include people and organisations that are involved with the child such as doctors, social workers, health visitors and schools.  Families who are worried about attending the meeting can take a friend or a solicitor who specialises in this area with them.

The last resort from the council should all the meetings break down is care proceedings.  The council can apply to the courts for a Care order.  Should the council start proceedings, then unless it is a real emergency the family will receive a letter advising that it is the councils intention to do this.  Anyone who receives a letter such as this must seek specialised legal advice.

That’s where Heptonstalls can help. They have, for many years, helped clients through these difficult times offering legal advice and support.

Solcitors can attend the child protection conferences with you and kept you fully advised at all stages, whether working with the local authority and or Care Proceedings.

For more information call Karen Logan on 01405 765661.

© Heptonstalls Solicitors 2010.

Heptonstalls LLP Head Office 7-15 Gladstone Terrace Goole East Yorkshire DN14 5AH Free Phone 0800 917 8267
Heptonstalls LLP is a limited liability partnership registered in England and Wales; Partnership Number OC317233 Regulated by the Solicitors Regulation Authority.

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