SWAP SHOP The Disability Discrimination Act gives examples of “steps” that employers can take to comply with the duty to make reasonable adjustments. We look at a case which said that swapping the jobs of two postholders or creating a new post could be a reasonable adjustment.

CONSEQUENCES OF DISMISSAL When deciding whether a dismissal has been fair, tribunals have to consider whether the employer acted reasonably or not. We look at a case which said that tribunals must take into account the seriousness of the consequences of dismissal for the employee.

IN BRIEF The Government announced recently that it will limit the number of workers entering the UK from outside Europe.

Click on the link to read more – Employment Law Update July 2010

MAJOR OR MINOR In cases of minor misconduct, employers sometimes make use of policies aimed at negotiation and conciliation, rather than discipline. We look at a case that said that tribunals can consider whether the employer was consistent in their approach to the conduct in question.

PUBLIC OR PRIVATE To establish negligence, claimants have to show that their employer breached their duty of care to them, among other things.We look at a case in which the court said that the employer should have used their discretion to act by replacing the school’s governing body with an interim executive board.

IN BRIEF We provide an overview of the main employment proposals of the new coalition government.

Click on the link to read more – Employment Law Update June 2010

UNILATERAL CHANGES Under contract law, employers cannot usually change the terms of a contract unilaterally, but we look at a case in which the court accepted that employers can reserve the right in certain circumstances.

COMPANY LIABILITY Although the law says that employers are liable for the acts of their employees (or agents) in carrying out an unlawful act, we look at a case in which the court said that an employer cannot be held liable for “aiding” someone to do something after the incident had taken place.

IN BRIEF We provide a brief overview of the main points of the Equality Act which received Royal Assent recently.

Click the link to read more – Employment Law Update May 2010

HOLIDAY NOTICE We look at a case in which the court said that, although workers are entitled to four weeks’ paid holiday, they can lose holiday not taken by the end of the leave year as long as the employer had not imposed the notice provisions in an unreasonable or arbitrary way.

TRYING TO BE FAIR Although everyone has the right to a fair trial, we look at a case in which the court said that it is not a ‘trump card’ but one of a number of factors that tribunals have to weigh up when considering all relevant factors.

IN BRIEF We provide an overview of the ‘fit’ notes that replaced the old sick notes on 6 April.

 Click the link to read more - Employment Law Update April 2010

IT’S CRIMINAL We look at a case in which the Court has said that the 1997 Protection from Harassment Act can be used to tackle workplace harassment, but made clear that the conduct has to be “oppressive and unacceptable” and sustain criminal liability.

LET ME GO Although the law requires employers to make reasonable adjustments for disabled employees in certain circumstances, we look at a case which said that employers do not have to make them if they could not have known the disability would have a specific effect on the employee.

IN BRIEF Parents of children due on or after 3 April 2011 will be able to take advantage of new legislation announced recently by the Government.

Click the link to read more - Employment Law Update – March 2010

If you would like to receive an email containing our newsletter please email sarah.leddy@heptonstalls.co.uk

LONG SERVICE Employers do not have to justify a difference in pay between men and women if it is due to a length of service award. We look at a case that said that employers do, however, have to justify using length of service as a criterion in the first place.

CLIMATE CHANGE The religion or belief regulations include ‘philosophical’ beliefs. We look at a case in which the court concluded that a belief in man-made climate change could constitute a ‘philosophical belief’ for the purposes of the regulations.

IN BRIEF Under new rules agreed recently by EU ministers, parents will have the right to longer parental leave. We outline the main provisions.

Click the link to read more – Employment Law Update – January 2010

HOLIDAY BLUES European law gives workers the right to four weeks? paid annual leave. Although member states can have legislation requiring sick workers to take paid annual leave during sick leave, we look at a case that said that they must also allow them to take it at another time if they want to.

WAIVE GOODBYE If an employee commits a breach of contract, the employer can either accept the breach and end the contract or waive the breach and affirm it. We look at a case that said that the company lost the right to dismiss the employee when it affirmed the contract by failing to take any disciplinary action.

IN BRIEF The Government recently announced that it was bringing forward a review of the default retirement age to 2010 and is now asking for evidence to inform that review.

Click the link to read more – Heptonstalls Employment Law Update – Dec09

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

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.

“The service we received from Heptonstalls was excellent from all concerned. Staff dealt with us in a considerate manner and helped to put us at ease during a very traumatic time. We were helped all the way through our case and staff kept us up to date with progress on a regular basis. We would have no hesitation in recommending Heptonstalls”.

Mr & Mrs Sidebottom, West Yorkshire

“Heptonstalls have been brilliant from the outset of my claim. Staff were extremely approachable, answering any questions I had and repeating information that was difficult to understand. They dealt with everything for me, and arranged for any treatment that I needed, to be undertaken quickly to aid my recovery. I have no doubt that their sincerity has made this difficult time much easier to cope with. I would always opt to use a local firm of solicitors such as Heptonstalls in the future”.

Mrs Burke, Road Traffic Accident Victim

Comments from clients of our Civil Litigation department:

“When faced with the daunting task of having to contest my late husbands will I was clueless as to where I should turn to get legal advice and a friend gave me the contact details for Heptonstalls Solicitors.

Throughout the ensuing legal battle I was kept fully informed of how things were progressing and as a result of the work done by Heptonstalls, the opposition to my case collapsed before ever reaching the courtroom.

In conclusion I have no hesitation in offering my own endorsement of recommendation and from now on will consider Heptonstalls to be the Solicitors of choice for both myself and my family”.

Many thanks

Mrs M D Selby

Comments from clients of our Family Law department:

“Heptonstalls achieved the outcome that I wanted at court and I was thrilled to bits.”

Mr Bentley, East Yorkshire

“My solicitor was very knowledgeable. She seemed to know exactly what I was going through and was very understanding and sympathetic.”

Gary Jackson, East Yorkshire

Comments from Clients of our Medical Negligence Department:

“From the first time I contacted Heptonstalls, I have received nothing but excellent professional service, kindness and support. Your staff have shown time and again how highly trained they are whilst still being friendly and approachable. I was given far more help and support than I ever imagined. I know that whenever I contact you, your staff will do everything they can to help me. I would highly recommend Heptonstalls to anyone looking for legal advice. I cannot imagine trusting anyone else with my legal affairs in the future.”

 Tonie Wilby, West Yorkshire

“I would like to take this opportunity to thank Heptonstalls Solicitors for the excellent way in which they handled my clinical negligence claim. In particular I would like to praise Mrs Sarah Johnson, one of the partners. Mrs Johnson always acted very quickly to the response from the defendants, she was always available for me to talk to over the telephone and her official letters kept me fully informed at all times. Therefore I have no hesitation in recommending Heptonstalls Solicitors to any one who thinks they may have a clinical negligence claim.

Mr A.J.H from Pontefract, West Yorkshire

Comments from Clients of our Wills Trusts and Probate Department:“I would like to thank both you and your excellent team for all the help and assistance you have given me over the last two months, in dealing with legal matters involved with losing two very dear friends. As this has been an extremely traumatic and upsetting time for me, it has made things much easier knowing that all the legal aspects were being taken care of so well. 

I have dealt with a number of different firms over the years in relation to various legal matters and I can say without question, yours is the most knowledgeable and helpful and always willing to give that extra personal touch which has made this such a worry free experience”.

Sandra M Hardy, Wiltshire

I sincerely thank you for the kindness you and your staff have shown me and the efficiency in which you have conducted my affairs

Kind regards
Esme Daglish

Comments from clients of our Commercial Department:

I would have absolutely no hesitation in recommending Heptonstalls Solicitors LLP to any one who required the services of a totally professional caring team.

During my business years I have met many high ranking influential people, but none of them Heptonstalls in their unwavering determination to secure the very best of deals possible for both me and my family and for that will always be their debt.

Yours Sincerely

Mr Robert Hill

“The Sobriety Project is a medium sized local Charity, which employs staff and makes extensive use of volunteers. Inevitably situations arise in which a detailed knowledge of employment law is indispensable. The Charity’s first post of call is always to Mr Shaun Pinchbeck, who, invariably not only provides solutions, but also reassurance for a vulnerable organisation”.

Bob Watson MBE
Director of the Sobriety Project