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Archive for March, 2010

Coping with the future now… Do you need a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a document whereby you appoint a person or people to act upon your behalf in the event that you are unable to manage your financial property and affairs or make healthcare decisions. This article concentrates on LPAs applicable to your financial property and affairs.

Will you still be sending me a payslip, when I’m 65….?

The High Court has struck a blow in favour of an employer’s ability to force workers to retire at 65, but has also dealt a backhander to the government, giving hope to Age Concern and other campaigners that the current legal situation will not be with us for much longer.

Can you trust your estate agent?

My husband’s quiet Sunday afternoon with the papers was disturbed last week, as the Mail on Sunday made me see red. This was nothing new but on this occasion the headline of ‘Is your estate agent taking bribes’ from your lawyer?’ really made it personal. I may be over reacting, but Sebastian O’Kelly must have had quite a job deciding who to pick on for this one… With a choice of lawyer or estate agent to go at ‘Is your estate agent demanding ‘bribes’ from your lawyer?’ might have been more accurate.

Is the insurance worth the risk?

When you next renew your house or contents insurance pay particular attention to the breakdown of charges. Very often the insurance company will offer you legal expenses insurance for an additional £10.00, £5.00, or even, for ‘free’. If you have this you are able to use the insurance company’s indemnity to either pursue, or defend, a claim. Most are used for injury compensation type claims.

Spiritual beliefs?

When the Greater Manchester Police dismissed him, police trainer Alan Power claimed that they had discriminated against him because of his belief that psychics could help to solve criminal investigations. At an initial hearing, it was decided that spirituality could be seen as a faith and therefore amount to a religious belief, because it has “sufficient cogency, seriousness, cohesion and importance to fall into the category of a philosophical belief” for the purposes of the regulations.

Right to legal representation

The Court of Appeal has confirmed that an employee may have the right to legal representation at a disciplinary hearing where the hearing could result in them being prohibited from practising their profession. This is based on the right to a fair trial under Article 6 of the European Convention of Human Rights (R (on the application of G) v X School and others).

Making things equal

Currently, discrimination law protects against less favourable treatment on the grounds of characteristics such as sex, age, race, religion, or disability. There is no effective remedy, however, for an individual subjected to “multiple discrimination”.

Pregnant workers at risk

The EAT has clarified its ruling on the case of O’Neill v Buckinghamshire County Council to explain that an employer is not under a general obligation to carry out a risk assessment for a pregnant employee, but must do so if certain circumstances exist.

The sick note is no more

From 6 April this year, UK employers will no longer be presented with the traditional sick note setting out the reason for an employee’s absence. Instead, GPs will produce “fit notes” which will focus on the work that an ill person is able to do, rather than what they are unable to do. The GP may provide additional comments on the patient’s state, including on the functional effects of the patient’s condition.

The Agency Workers Regulations

The Agency Workers Regulations were published by the Government last month with the intention that they will come into force on 1st October 2011. Although the final outcome is dependent on the result of the forthcoming Election, the intention is that these will provide all Agency Workers with the right to equal treatment with their directly recruited colleagues after 12 weeks in a given job.