Kerseys Solicitors September 2024 Newsletter

Kerseys Solicitors September 2024 Newsletter

Just a click or call away for all your legal services needs

Legal Updates

Employment Law Key Dates

26 August 2024 – The Statutory Paternity Pay and Statutory Adoption Pay (Parental Orders and Prospective Adopters) (Amendment) Regulations (SI 2024/843)

The Amended Regulations have been issued to correct drafting errors in relation to in the Statutory Paternity Pay (Amendment) Regulations 2024 (SI 2024/121), which amended the Statutory Paternity Pay (Parental Orders and Prospective Adopters) Regulations 2014 (SI 2014/2934).

10 September 2024 – The fee for approving a sponsor under a new Sponsor Worker scheme

Will cost £239.00, subject to certain exceptions.

September 2024 – Workers (Predictable Terms and Conditions) Act 2023 

The Government has confirmed that the Workers (Predictable Terms and Conditions) Act 2023 will not be coming into force as planned this Autumn. The Act was intended to provide workers and agency workers will be provided with the right to request more predictable terms and conditions where there is a lack of predictability to their working pattern after 26 weeks of service. – Workers (Predictable Terms and Conditions) Act 2023 – The Government has confirmed that the Workers (Predictable Terms and Conditions) Act 2023 will not be coming into force as planned this Autumn. The Act was intended to provide workers and agency workers will be provided with the right to request more predictable terms and conditions where there is a lack of predictability to their working pattern after 26 weeks of service. – Workers (Predictable Terms and Conditions) Act 2023 – The Government has confirmed that the Workers (Predictable Terms and Conditions) Act 2023 will not be coming into force as planned this Autumn. The Act was intended to provide workers and agency workers will be provided with the right to request more predictable terms and conditions where there is a lack of predictability to their working pattern after 26 weeks of service.

1 October 2024 – Remaining measures of the Employment (Allocation of Tips) Act 2023 come into force.

Under the new law, employers have a duty to ensure that all qualifying tips, gratuities and service charges are allocated fairly to workers and agency workers. This does not include ‘employee-received tips’, which are those paid to an employee directly and the employer has no control as to how they are distributed.

All eligible workers must be paid in full by no later than the end of the month after month in which the tip was paid. Failure to fairly allocate or pay tips within the required timeframe means that a worker will be able to present a complaint to the employment tribunal.

Similarly, where qualifying tips, gratuities and service charges are paid at (or are attributable to) an employer’s place of business on “more than an occasional and exceptional basis”, employers are required to have a written policy on how it deals with tips available to workers, and must keep a record of how every tip has been dealt with. Failure to comply with this means that a worker will be able to present a claim to the employment tribunal.

Our Employment Law & HR Services Team outlines future potential changes to the Worker Protection (Amendment of Equality Act 2010) Act 2023 expected in October 2024 – click here to read more

Expected in October 2024 – Worker Protection (Amendment of Equality Act 2010) Act 2023

Our Employment Law & HR Services Team outlines future potential changes to Worker Protection (Amendment of Equality Act 2010) Act 2023 expected in October 2024 – click here to read more

April 2025 – The Neonatal Care (Leave and Pay) Act 2023

is set to take effect. Provides parents with a right to 12 weeks’ leave and pay when their baby requires neonatal care, in addition to the existing parental leave entitlements available.

A four-day working week – new legislation?

Following the publication of the UK’s four-day week pilot in 2023, of which 61 companies and around 2,900 workers took place, the question of whether we should move to a four-day working week has been hitting the headlines.

The labour government has already planned to ban zero-hour contracts, end “fire and rehire” practices and give workers the “right to switch off” as part of their “New Deal for Working People”. Now, it appears that the government could introduce legislation to allow employees to compress their contracted hours across four days, rather than five. This may be implemented, for example, by employers allowing employees to work 8:00 – 18:00, rather than the traditional 9:00 – 17:00 model.

There may be many reasons why employees would prefer to work a four-day working week, whether that is to create more time to care for dependents, or to allow provide for additional time for recreational activities.

Whilst the UK’s four-day working week pilot found that this working pattern was more effective in some industries than others, it is clear that the labour governments plans constituting a ‘seismic shift’ of Employment Law reforms continues to be seen.

As it stands, the current legal framework which provides employees with a day one statutory right to request a flexible working remains. Employers must accept the request unless there is a genuine business reason not to, therefore making it clear that this is only a right to request, rather than a standalone right to flexible working. Of the 61 companies that participated, 56 are continuing with the four-day week (92%), with 18 confirming the policy is a permanent change.  Whether a similar stance can be taken by employers in relation to any right to a four-day working week remains to be seen, and is certainly something that we anticipate will remain a hot topic this year.

How we can help?

There is a significant benefit in employing a solicitor’s expertise to assist you with any employment law issues you are facing. Our team’s wealth of experience can significantly enhance your ability to navigate the complexities of an employment law.

If you require any assistance with employment related matters, please contact Annalie King, Partner and Head of our Employment Law team or Rosie Brighty at Kerseys Solicitors. 

Alternatively visit our website and click “Call Me Back” and a member of our Employment Law team will be happy to contact you at a time that is convenient to you.

Legal Updates

How can an Employment Solicitor support you in an Employment Tribunal?

At Kerseys our Employment Law team provide invaluable assistance in an employment tribunal by offering expertise, representation, and support throughout the process, click to read in more detail here.

Our Employment Law team provide a free 30 minute initial consultation over the telephone or via an online meeting to evaluate the merits of your case, advising you on whether it is worth pursuing based on the strength of the evidence and legal grounds.

We understand that this can be a challenging and stressful process for those affected and our team is here to help you navigate the same.

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Legal Updates

Moving Home

More and more people are purchasing properties as cohabiting couples – consider protecting your interests with a Declaration of Trust –  What is a Declaration of Trust?

It is important that you consider making a Will when purchasing a property to ensure your wishes are heard.

The best time to make a Will is when you are healthy, relaxed and clear sighted. A Will is not a death warrant. It is a common sense way of ensuring your family really benefits from everything you leave in the way that you want. It is important to review your Will every couple of years or so to make sure it is up to date, particularly if your circumstances change i.e. you marry, get divorced, you start a family or your estate increases perhaps because of a windfall.

What happens to my child if I die without making a Will?

Click here to read more about what happens to your child if you die without making a Will

If you are interested in making a Will click here to obtain a free no obligation quote.

The National Will Register recently announced it now has 10 million Wills in its system. 

Why is it important to register your Will on the Will Register:-

We don’t tell our families where our Wills are

1. 1. When the Will is needed family members are emotional and then have to ring around firms to try to locate where the Will is stored.
   2. The Will they find might not be the valid Will.

How do I register the Will at the National Will Register? 

You can register an existing Will yourself by visiting the National Will Register website, https://www.nationalwillregister.co.uk. Or why not click here to speak with a member of our private client team about making a new Will to include registration with the National Register on your behalf.

Financial lasting power of attorney – Pitfalls with bank accounts and savings under a financial lasting power of attorney.

As an attorney under a financial lasting power of attorney (LPA), you will play an important role in safeguarding the financial interests of a vulnerable individual.  Understanding the legal framework, recognising common pitfalls, and implementing prudent strategies are essential to fulfilling your duties effectively as Leila Murray, head of the Wills and Probate team at Kersey Solicitors explains here.

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Legal Updates
No Fault Divorce 2 Years On

A Smoother Path

There may be many reasons why someone may decide to end their marriage, but up to the 6^th April 2022, the majority of divorce proceedings had to cite fault as the major ground, either citing somebody’s behaviour or accusing them of adultery.   If you weren’t prepared to use fault as a ground, then parties had to live separate and apart for a minimum of two years before they were able to instigate divorce proceedings.

It was long felt by parties and the profession itself that essentially forcing people to cite the other person’s unreasonable behaviour or alleging adultery, increasing the emotional tensions between parties which also had a knock-on effect on how children arrangements were decided.

After years of campaigning, it was finally changed by the Divorce, Dissolution and Separation Act 2020 and on the 6^th April 2022, no fault divorce in England and Wales became law.

The new system took away someone’s ability to defend the proceedings and they also introduced, for the first time, the ability for parties to make joint applications.  The terminology changed, removing Petitioner and replacing it with Applicant and they also took away “Decree Nisi” and “Decree Absolute” replacing them with “Conditional Order” and “Final Order” on divorce.

Whilst the test remains that one party to the marriage needs to consider the marriage has irretrievably broken down, the removal of blame was seen as a positive step, as well as moving the process fully online, which also enabled parties to instigate proceedings without the need to engage Solicitors.

The process takes 20 weeks, although in practice it is taking slightly longer than that due to delays around applying for the Conditional Order and the Court pronouncing the same, but generally, the Court process has been far more streamlined, to ensure that it is easy to follow with the Court providing key dates on behalf of the parties to follow.

Upon the instigation of proceedings, the Respondent completes an online Acknowledgment of Service and twenty weeks after the inception of the divorce proceedings the Applicant can apply for a Conditional Order.  Six weeks after the Conditional Order has been pronounced the Applicant can apply for a Final Order on Divorce.

Presently, the fee, which was set to increase in April to £652, remains at £593 after it was further campaigned that the fee of instigating Divorce proceedings was prohibitive.

The practice has now been in place for over two years and parties and Family Law Practitioners alike have certainly seen an improvement in how parties deal with ancillary issues such as financial matters and children issues as a result of not having to start the conscious uncoupling of their relationship by one seeking to blame the other.

By removing blame, the parties are more likely to deal with these ancillary issues in a less confrontational, more collaborative way, which can only benefit the parties, but also any children.  Having a less contentious divorce helps to maintain better relations and communication, which ultimately benefits everyone.

Whilst the change to no-fault divorce has been seen as a positive step, every couple’s situation is unique and couples would benefit from a bespoke action plan, especially when dealing with the ancillary issues of financial matters and any child arrangements.

At Kerseys, our family lawyers will explain and discuss all options and provide a bespoke plan of action to best fit your individual circumstances.

Our initial consultation process allows for a 45 minute meeting for a fixed fee of £198 including VAT and AML ID search.  The meeting can be in person at one of our offices, by telephone or undertaken remotely.   There is no obligation to instruct us further, but if you do so, our team will provide you with a costs estimate in relation to overall costs and how best to manage these.

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Promotions at Kerseys – Congratulations to Elliot Steele

Commercial Law team expands with Elliot Steele

We are delighted to announce that Elliot Steele qualified as a Solicitor in July and now takes up a new role as an Assistant Solicitor in our Commercial Law team at our Ipswich office.

Managing Partner and Head of Commercial Law, Kimat Singh at Kerseys Solicitors says “I have personally enjoyed overseeing Elliot’s training period in my department. Elliot is well equipped to meet the demanding needs of our commercial clients, and has shown to go above and beyond.  With the addition of another qualified solicitor to our team, Kerseys Solicitors LLP again demonstrates its commitment to continued expansion and growth”.

Elliot specialises in:-

• Assignment, Surrender and Grant of a new Lease
• Landlord and Tenant advice
• Acquisitions and Sales of Commercial Property
• Acquisitions and Sales of Residential Property

Read more about Elliot here

If you would like to speak with Elliot regarding your proposed commercial transaction, please do not hesitate to telephone Elliot on 01473 407117 or email [email protected], initial conversations are free of charge.

First and foremost, it is crucial that we get to know and understand your business and the people who run it. That way we can provide legal advice that’s directly relevant to your needs. We can be proactive in steering you clear of legal and regulatory obstacles, leaving you free to get on with running your business.

Trust and confidence are paramount. We want to see your business grow – because your success is ultimately our success too.

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Promotions at Kerseys – Congratulations to Kerry Haynes

Kerry Haynes promoted to Associate

We are delighted to announce that Kerry Haynes was promoted to an Associate Solicitor within our Residential Property team at our Ipswich office in July.

Senior Partner and Head of Residential Property Jane Riley at Kerseys says “Kerry is a great asset to our Residential Property team, not only supporting her clients but also supporting other members of the Residential Property team across all offices. It is extremely pleasing to see Kerry Haynes rewarded for her endeavours and hard work”.

Laura Collis joined our Residential Property team in our Felixstowe office, Laura provides support to Jenny Dawson and Claire Ryan in our Residential Property team in Felixstowe.

Kerseys Solicitors Family Law team have expanded their services into Felixstowe. Local solicitor Amanda Erskine will be available in the Felixstowe office to assist anyone who is experiencing a relationship breakdown or parental issues.

Amanda joined Kerseys Family Law team in December 2023 as an Associate Solicitor and now divides her time between the Felixstowe and Ipswich offices. Prior to joining Kerseys Amanda trained and qualified in 2012 with another local regional firm.

Amanda has a wide range of experience in all aspects of family law including assisting with the division of assets on a relationship breakdown (whether the couple is married or unmarried) and this includes dealing with financial court proceedings where necessary. Amanda can also assist parents in sorting out the arrangements for their children and again has experience with the court system when a resolution between the parties cannot be agreed.

Amanda can also advise in relation to divorce and civil partnership dissolution proceedings, cohabitation disputes and cohabitation agreements, as well as nuptial agreements.

Amanda’s approach to all situations is to provide a sympathetic ear and a practical solution. She aims to always try, where possible, to keep matters out of the costly court system, and encourage couples to resolve their issues as amicably as possible. She is a firm believer in building a team of local experts to advise on a case in order to bring it to a conclusion and allow parties to move on with their lives.

Amanda is a member of Resolution www.resolution.org.uk, an organisation committed to the settlement of disputes in a constructive, non-confrontational and cost-effective manner. She also acts as Treasurer on the local Resolution Committee.

Amanda is available for an initial meeting either face to face in the Felixstowe or Ipswich Offices or remotely, in order to advise in relation to all aspects of relationship breakdown.

Felixstowe Rugby Club 

We are delighted to continue our sponsorship with Felixstowe Rugby Club for the new season.

   

If you or your child are interested in joining a supportive, friendly, fun club pop down to Felixstowe Rugby Club and speak to a member of the team. It is an impressive all inclusive setup.

Colchester + Ipswich Museums

Kerseys are sponsoring the arts Colchester & Ipswich Museum Services’ An Eye For Life exhibition which will be on display at the Wolsey Art Gallery at Christchurch Mansion in Ipswich from 29th June 2024 to 27th April 2025.  This exhibition celebrates themes of portraiture, identity and home by Ipswich-based photographer John Ferguson.