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

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

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

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

This means that for anyone buying a property where the price falls between £125,000.01 and £175,000.00 and completion takes place after 31 December 2009 1% stamp duty land tax will be payable. An additional expense we are sure you could do without.

For more information speak to Mike Fish on 01405 765661 or Jenny Wilson 0n 01430 430209

Julia Lock, Commercial Solicitor

Julia graduated with a Degree in Politics with English from Loughborough University, followed by a Post Graduate Diploma in Law from Birmingham University and the Legal Practice Course at The College of Law in York.

 Julia has acted for a wide range of clients on a variety of high value strategic land assembly and residential development projects whilst working for a specialist development and planning practice in Leicester. This includes the drafting and negotiation of conditional contracts, option agreements, overage arrangements, leases and planning agreements together with the setting up of business parks and residential estates. 

 Julia has also acted on a range of general company commercial and corporate matters including the acquisition and disposal of restaurant businesses and licensed premises.

 On joining the firm Julia commented,

“Having previously worked for a development and planning practice, I hope to build on the firm’s already excellent reputation by being able to offer a specialist but personal service to local landowners, developers and businesses”.

Partner and Head of Commercial Shaun Pinchbeck said,

“Julia is an experienced solicitor and we are delighted to have recruited someone of such high calibre. This is an exciting time for Heptonstalls as, despite the economic downturn, our commercial department continues to thrive with many businesses taking advantage of skilled, cost effective, local, legal advice”.

Heptonstalls celebrate retaining mark of quality

Heptonstalls LLP Solicitors are celebrating after successfully retaining the highest quality mark achievable by a Law Firm.

The Lexcel Practice Management Standard is only awarded to Solicitors who meet high management and customer care standards, taking in depth look at the firms procedures and how it looks after its clients.

One of only 6 firms in East Yorkshire to have achieved Lexcel status, Heptonstalls, with offices in Goole and Howden underwent a rigorous independent review including interviews with solicitors and support staff.

The re-accreditation process was led by newly appointed Human Resources Manager Rachel Smith, who brings with her 12 years experience of working for national law firm, Irwin Mitchell.

Rachel, will lead the Human Resources function at the firm, placing an emphasis on training to ensure that staff continue to give excellent service to clients.

Managing Partner John Burman commented,

“Lexcel accreditation has a reputation for being difficult to achieve because its standards are above and beyond those normally required by the Law society.  We are very proud to have retained this mark of quality, which shows our commitment to client care and helps us to stand out from the crowd”.

For more information about Regarding the Lexcel Practice Management Standard visit www.lawsociety.org.uk.

Julia Lock, Commercial Solicitor

Limited Liability Partnerships (“LLPs”) arrived upon the English legal scene in 2001 and provide an alternative business structure lying midway between the two long-established forms of business association, namely the traditional limited company and the traditional partnership.

An LLP is a corporate entity with its own legal personality separate from that of its members and with its own rights and liabilities distinct from those of its members.

A traditional partnership in English law has no separate legal personality from its partners but is simply a group of persons bound by agreement to each other. Partners of a traditional partnership act as agents of all of the partners and as a result each partner is jointly and severally liable for the obligations and actions of any of them.

An LLP on the other hand serves to protect individual members from personal liability for the acts of another member carried out in the course of the business. It may also serve to protect an individual from personal liability for his own acts carried out in the course of the business.

An LLP differs from the traditional company limited by shares in its ability to have a decision making and profit-sharing structure written uniquely for its business. Another key point is that the profits of an LLP are treated in the same way as a traditional partnership meaning that the taxation rules which apply to the individual members of the LLP will be applied to their share in the profits of the LLP. This is often an advantage over a traditional limited company when individuals or companies which are subject to different taxation regimes wish to enter into a joint venture.

For further information on the above and any other company or partnership matter please contact Julia Lock on 01405 765661